Migration Legislation Amendment (Migration Agents) Act 1997 (Cth)

Migration Legislation Amendment (Migration Agents) Act 1997 Act No. 205 of 1997 as amended This compilation was prepared on 17 November 2000 [This Act was amended by Act No. 146 of 1999] Amendments from Act No. 146 of 1999 [Schedule 1 (item 615) amended section 2; Schedule 1 (item 616) amended Schedule 1 (item 82)] Prepared by the Office of Legislative Drafting, Attorney‑General's Department, Canberra Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Regulation of the migration advice industry Part 1—Amendment of the Migration Act 1958 279A Application of the Criminal Code 289 Registration 290 Applicant must not be registered if not a person of integrity or not fit and proper 291 Applicant must not be registered if registration refused in past year 292 Applicant must not be registered if registration cancelled in past 5 years 293 Applicant under 18 must not be registered 294 Applicant must not be registered if not an Australian citizen, permanent resident or New Zealander with special visa 295 Notice of refusal of application 305 Notice of cancellation or suspension of registration Division 4—Investigations and decision‑making by the Migration Agents Registration Authority 308 Requiring registered agents to give information Division 6—Migration Agents Registration Authority 315 Appointing the Migration Institute of Australia Limited as the Migration Agents Registration Authority 317 General powers of the Migration Agents Registration Authority 318 Power to refer people to mediation 319 Power to refer lawyers' conduct to other authorities 320 Delegation of powers and functions 321 Disclosure of personal information to the Migration Agents Registration Authority 322 Annual report Division 6A—Collecting and applying registration application fees and renewal fees 332A Regulations about collection of fees 332B Payments to Migration Institute of Australia Limited Division 7—Part ceases to be in force on 21 March 2000 Part 2—Application and transitional provisions Part 3—Amendment of the Migration Act 1958 consequential on new Public Service Act Schedule 2—Repeal of Levy Acts Migration Agents Registration (Application) Levy Act 1992 Migration Agents Registration (Renewal) Levy Act 1992 Schedule 3—Continuing professional development of registered agents Part 1—Object of this Schedule Part 2—Amendment of the Migration Act 1958 commencing on 21 January 1999 290A Applicant for repeat registration must not be registered if he or she has not done continuing professional development Part 3—Amendment of the Migration Act 1958 commencing on 21 February 1999 301 Migration Agents Registration Authority must warn of expiry Part 4—Amendment of the Migration Act 1958 commencing on 21 March 1999 Division 6A—Collection and application of registration application fees Part 5—Repeal of the Migration Agents Registration Renewal Charge Act 1997 An Act to amend the law about migration agents, and for related purposes [Assented to 17 December 1997] 1 Short title This Act may be cited as the Migration Legislation Amendment (Migration Agents) Act 1997. 2 Commencement (1) Subject to this section, this Act commences immediately before 21 March 1998. (2) Items 67 and 68 of Schedule 1 commence on the day on which this Act receives the Royal Assent. (3) Part 3 of Schedule 1 commences on 21 March 1998 if the Public Service Act 1999 commences before that day. Otherwise the Part commences when that Act commences. (4) Schedule 3 (apart from Parts 3, 4 and 5) commences on 21 January 1999. (5) Part 3 of Schedule 3 commences on 21 February 1999. (6) Parts 4 and 5 of Schedule 3 commence on 21 March 1999. 3 Schedule(s) Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Regulation of the migration advice industry Part 1—Amendment of the Migration Act 1958 1 Subsection 5(1) (at the end of the definition of offence against this Act) Add: ; and (d) an offence against a provision of Part 3 of this Act because of section 11.2 or 11.3 of the Criminal Code; and (e) an offence against section 11.1, 11.4 or 11.5 of the Criminal Code relating to an offence against Part 3 of this Act. 2 Section 275 (definition of Board) Repeal the definition. 3 Section 275 (definition of entrance applicant) Repeal the definition. 4 Section 275 (definition of entrance application) Repeal the definition. 5 Section 275 (definition of immigration case) Repeal the definition. 6 Section 275 Insert: Institute means the Migration Institute of Australia Limited (A.C.N. 003 409 390). 7 Section 275 Insert: Migration Agents Registration Authority means: (a) if an appointment of the Institute is in force under section 315—the Institute; or (b) otherwise—the Minister. 8 Section 275 (definition of paid immigration assistance) Repeal the definition. 9 Section 275 (definition of registration application fee) Repeal the definition, substitute: registration application fee means charge imposed by the Migration Agents Registration Application Charge Act 1997 on a registration application. 10 Section 275 (definition of renewal fee) Repeal the definition, substitute: renewal fee means charge imposed by the Migration Agents Registration Renewal Charge Act 1997 on a renewal of registration. 11 Section 276 Omit "an entrance", substitute "a visa". 12 Paragraphs 276(a), (b), (c) and (d) Omit "entrance" (wherever occurring), substitute "visa". 13 At the end of section 276 Add: (2) For the purposes of this Part, a person also gives immigration assistance if the person uses, or purports to use, knowledge of, or experience in, migration procedure to assist another person by: (a) preparing, or helping to prepare, a document indicating that the other person nominates or sponsors a visa applicant for the purposes of the regulations; or (b) advising the other person about nominating or sponsoring a visa applicant for the purposes of the regulations; or (c) representing the other person in proceedings before a court or review authority that relate to the visa for which the other person was nominating or sponsoring a visa applicant (or seeking to nominate or sponsor a visa applicant) for the purposes of the regulations. (3) Despite subsections (1) and (2), a person does not give immigration assistance if he or she merely: (a) does clerical work to prepare (or help prepare) an application or other document; or (b) provides translation or interpretation services to help prepare an application or other document; or (c) advises another person that the other person must apply for a visa; or (d) passes on to another person information produced by a third person, without giving substantial comment on or explanation of the information. 14 Paragraph 277(a) Omit "an entrance", substitute "a visa". 15 Paragraph 277(a) Omit "the entrance", substitute "the visa". 16 Paragraph 277(b) Omit "an entrance", substitute "a visa". 17 Paragraph 277(b) Omit "the entrance", substitute "the visa". 18 Paragraph 277(c) Omit "an entrance", substitute "a visa". 19 Paragraph 277(c) Omit "the entrance", substitute "the visa". 20 Subparagraphs 277(c)(i), (ii) and (iii) Omit "the entrance", substitute "the visa". 21 At the end of section 277 Add: (2) For the purposes of this Part, a lawyer also gives immigration legal assistance if the lawyer: (a) represents or otherwise acts for a person in proceedings (or in preparing for proceedings) before a court that relate to the visa for which the person was nominating or sponsoring a visa applicant (or seeking to nominate or sponsor a visa applicant) for the purposes of the regulations; or (b) gives advice to a person about nominating or sponsoring a visa applicant for the purposes of the regulations (except advice described in subsection (3)). (3) A lawyer does not give immigration legal assistance in giving advice to a person about nominating or sponsoring a visa applicant for the purposes of the regulations if the advice is for the purpose of: (a) the preparation or lodging of an approved form putting forward the name of a visa applicant; or (b) the preparation or lodging of an approved form undertaking sponsorship; or (c) proceedings before a review authority that relate to the visa for which the person was nominating or sponsoring a visa applicant (or seeking to nominate or sponsor a visa applicant); or (d) the review by a review authority of a decision relating to the visa for which the person was nominating or sponsoring the visa applicant (or seeking to nominate or sponsor the visa applicant). 22 At the end of section 279 Add: (2) Division 3 of Part VIIC of the Crimes Act 1914 applies in relation to the Migration Agents Registration Authority as if it were a Commonwealth authority for the purposes of that Division. 23 After section 279 Insert: 279A Application of the Criminal Code Chapter 2 (except Part 2.5) of the Criminal Code applies to all offences created by this Part. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 24 Subsection 280(1) (penalty) Omit "$5,000", substitute "50 penalty units". 25 At the end of subsections 280(1), 281(1) and (2) and 282(1) and (2) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 26 Subsection 282(4) Repeal the subsection, substitute: (4) For the purposes of this section, a person makes immigration representations if he or she makes representations to, or otherwise communicates with, the Minister, a member of the Minister's staff or the Department: (a) on behalf of a visa applicant about the application for the visa; or (b) on behalf of a cancellation review applicant about the cancellation review application; or (c) on behalf of a person nominating (or seeking to nominate) a visa applicant for the purposes of the regulations, about the nomination; or (d) on behalf of a person sponsoring (or seeking to sponsor) a visa applicant for the purposes of the regulations, about the sponsorship. 27 Subsection 283(2) Omit ", knowingly or recklessly,". 28 At the end of section 283 and subsection 284(1) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 29 Subsection 285(1) Omit ", knowingly or recklessly,". 30 At the end of subsection 285(1) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 31 Subsections 287(1), (3) and (4) and 288(1) Omit "Secretary", substitute "Migration Agents Registration Authority". 32 After subsection 288(1) Insert: (1A) The individual must publish in the prescribed way a notice: (a) stating his or her intention to apply for registration; and (b) stating that anyone may give the Migration Agents Registration Authority a written objection to registration of the individual, within 30 days after publication of the notice (or 30 days after the day on which the notice is last published, if it must be published more than once). 33 Subsection 288(3) Repeal the subsection, substitute: (3) The form must require the information shown in the table. Information to be required by form Capacity in which applicant proposes to give immigration assistance Item Information required 1 Employee of an individual Particulars of the individual 2 Executive officer or employee of a corporation Particulars of the corporation and its executive officers 3 Employee or member of a partnership Particulars of the partnership 34 At the end of section 288 Add: (4) The Migration Agents Registration Authority must not consider a registration application unless the applicant has: (a) paid the registration application fee (if any) on the application; and (b) published notice under subsection (1A) of his or her intention to apply; and (c) given the Authority evidence that the applicant has published notice under that subsection. 35 Sections 289 to 298 (inclusive) Repeal the sections, substitute: 289 Registration (1) The Migration Agents Registration Authority must register an applicant by entering his or her name in the Register, unless section 290, 291, 292, 293 or 294 prohibits registration of the applicant. Note: If the Migration Agents Registration Authority is considering refusing a registration application because of one or more of those sections, it must give the applicant a chance to make a further submission supporting the application. See sections 309 and 310. (2) The Migration Agents Registration Authority must do so as soon as possible, but not before the end of the time for objections that was specified in the notice of the applicant's intention to apply for registration. (3) The Migration Agents Registration Authority must consider any objection received within that time when deciding whether section 290, 291, 292, 293 or 294 prohibits registration of the applicant. 290 Applicant must not be registered if not a person of integrity or not fit and proper (1) An applicant must not be registered if the Migration Agents Registration Authority is satisfied that: (a) the applicant is not a fit and proper person to give immigration assistance; or (b) the applicant is not a person of integrity; or (c) the applicant is related by employment to an individual who is not a person of integrity and the applicant should not be registered because of that relationship. (2) In considering whether it is satisfied that the applicant is not fit and proper or not a person of integrity, the Migration Agents Registration Authority must take into account: (a) the extent of the applicant's knowledge of migration procedure; and (b) whether the applicant has a qualification prescribed by the regulations or a knowledge of migration procedure that the Authority considers to be sound; and (c) any conviction of the applicant of a criminal offence relevant to the question whether the applicant is not: (i) a fit and proper person to give immigration assistance; or (ii) a person of integrity; (except a conviction that is spent under Part VIIC of the Crimes Act 1914); and (d) any criminal proceedings that the applicant is the subject of and that the Authority considers relevant to the application; and (e) any inquiry or investigation that the applicant is or has been the subject of and that the Authority considers relevant to the application; and (f) any disciplinary action that a professional association is taking, or has taken, against the applicant that the Authority considers relevant to the application; and (g) any bankruptcy (present or past) of the applicant; and (h) any other matter relevant to the applicant's fitness to give immigration assistance. (3) In considering whether it is satisfied that an individual to whom the applicant is related by employment is not a person of integrity, the Migration Agents Registration Authority must take into account each of the following matters, so far as the Authority considers it relevant to the question whether the individual is not a person of integrity: (a) any conviction of the individual of a criminal offence (except a conviction that is spent under Part VIIC of the Crimes Act 1914); (b) any criminal proceedings that the individual is the subject of; (c) any inquiry or investigation that the individual is or has been the subject of; (d) any disciplinary action that a professional association is taking, or has taken, against the individual; (e) any bankruptcy (present or past) of the individual. 291 Applicant must not be registered if registration refused in past year An applicant must not be registered if he or she has been refused registration as a migration agent within 12 months before his or her application. 292 Applicant must not be registered if registration cancelled in past 5 years An applicant must not be registered if his or her registration as a migration agent has been cancelled under section 303 within 5 years before the application. 293 Applicant under 18 must not be registered An applicant must not be registered if he or she is under 18. 294 Applicant must not be registered if not an Australian citizen, permanent resident or New Zealander with special visa An applicant must not be registered unless he or she is: (a) an Australian citizen; or (b) an Australian permanent resident (within the meaning of the regulations); or (c) a New Zealand citizen who holds a special category visa. 295 Notice of refusal of application If the Migration Agents Registration Authority decides not to register an applicant, the Authority must give the applicant written notice of the decision and of the reasons for it. Note: The applicant may apply to the Administrative Appeals Tribunal for review of the decision. See section 306 of this Act. (Section 27A of the Administrative Appeals Tribunal Act 1975 requires that people whose interests are affected by the Authority's decision be given notice of their rights to seek review of the decision.) 36 Section 300 and subsection 301(1) Omit "Board", substitute "Migration Agents Registration Authority". 37 Subsection 301(2) Repeal the subsection. 38 Subsection 302(1) Omit "Secretary", substitute "Migration Agents Registration Authority". 39 Paragraph 302(1)(a) Omit "Board", substitute "Authority". 40 Paragraph 302(1)(b) Omit "months", substitute "weeks". 41 Subsection 302(2) Repeal the subsection. 42 Section 303 Omit "Board", substitute "Migration Agents Registration Authority". 43 At the end of section 303 Add: Note: If the Migration Agents Registration Authority is considering cautioning a registered agent, or suspending or cancelling a registered agent's registration, it must invite the registered agent to make a submission. See sections 309 and 310. 44 Subsection 304(1) Omit "Board" (twice occurring), substitute "Migration Agents Registration Authority". 45 Section 305 Repeal the section, substitute: 305 Notice of cancellation or suspension of registration (1) If the Migration Agents Registration Authority cancels or suspends the registration of a registered agent, the Authority must: (a) give the agent written notice of the cancellation or suspension and of the reasons for it; and (b) publish in the prescribed way a statement that: (i) sets out the decision to cancel or suspend registration; and (ii) sets out the reasons for the decision; and (iii) sets out the Authority's findings on any material questions of fact; and (iv) refers to the evidence or any other material on which the findings of fact were based. Note: Section 27A of the Administrative Appeals Tribunal Act 1975 requires that people whose interests are affected by the Authority's decision be given notice of their rights to seek review of the decision. (2) The statement must be published as soon as possible after the end of 28 days after the agent is given written notice of the decision. (3) However, if: (a) the agent applies within those 28 days for review of the decision under the Administrative Appeals Tribunal Act 1975 or for judicial review of the decision; and (b) the decision stands at the end of all the proceedings (including any appeals) resulting from the application; the statement must be published as soon as possible after the end of those proceedings. 46 Section 306 Omit "Board", substitute "Migration Agents Registration Authority". 47 Division 4 of Part 3 (heading) Repeal the heading, substitute Division 4—Investigations and decision‑making by the Migration Agents Registration Authority 48 Sections 307 and 308 Repeal the sections, substitute: 308 Requiring registered agents to give information (1) The Migration Agents Registration Authority may require a registered agent: (a) to make a statutory declaration in answer to questions in writing by the Authority; or (b) to appear before an individual specified by the Authority and to answer questions; or (c) to provide the Authority with specified documents or records relevant to the agent's continued registration. (2) An individual before whom a registered agent appears to answer questions must record the questions and answers and give the record to the Migration Agents Registration Authority. (3) A registered agent is not excused from giving information or providing a document on the ground that the information or provision of the document may tend to incriminate the person. (4) However: (a) any information or document provided in response to a requirement under subsection (1); and (b) any information or thing (including any document) obtained as a direct or indirect result of information or a document provided in response to a requirement under subsection (1); is not admissible in evidence against the registered agent in any criminal proceedings (except proceedings for an offence against section 487). 49 Subsections 309(1) and (2) and 310(1), (2) and (3), section 311 and subsection 312(1) Omit "Board", substitute "Migration Agents Registration Authority". Note: The headings to sections 310 and 311 are altered by omitting "Board" and substituting "Migration Agents Registration Authority". 50 Subsection 312(1) (penalty) Omit "$10,000", substitute "100 penalty units". 51 At the end of subsection 312(1) Add: Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 52 Subsection 312(2) Repeal the subsection, substitute: (2) Within 2 weeks of the renewal of a registered agent's registration, he or she must give the Migration Agents Registration Authority the relevant information shown in the table. Information a registered agent must give after registration renewal Capacity in which the agent gave immigration assistance at the time of the renewal Item Information required 1 Employee of an individual Particulars of the individual 2 Executive officer or employee of a corporation Particulars of the corporation and its executive officers 3 Employee or member of a partnership Particulars of the partnership 53 Before subsection 313(1) Insert: (1A) This section deals with fees and rewards for giving immigration assistance to a person (the assisted person) who is: (a) a visa applicant; or (b) a cancellation review applicant; or (c) a person nominating (or seeking to nominate) a visa applicant for the purposes of the regulations; or (d) a person sponsoring (or seeking to sponsor) a visa applicant for the purposes of the regulations. 54 Subsection 313(1) Omit "entrance applicant or cancellation review applicant" (twice occurring), substitute "assisted person". 55 Subsection 313(3) Repeal the subsection, substitute: (3) An assisted person may recover the amount of a payment as a debt due to him or her if he or she: (a) made the payment to a registered agent for giving immigration assistance; and (b) did not receive a statement of services before making the payment; and (c) does not receive a statement of services within 28 days after a final decision is made about the visa application, cancellation review application, nomination or sponsorship that the immigration assistance related to. 56 Division 6 of Part 3 (heading) Repeal the heading, substitute: Division 6—Migration Agents Registration Authority 57 Section 315 Repeal the section, substitute: 315 Appointing the Migration Institute of Australia Limited as the Migration Agents Registration Authority (1) The Minister may make a written instrument appointing the Institute for the purposes of the definition of Migration Agents Registration Authority in section 275. Note: The Minister may also revoke the appointment. See subsection 33(3) of the Acts Interpretation Act 1901. (2) An appointment or revocation of an appointment does not affect an earlier exercise of a power, or performance of a function, of the Migration Agents Registration Authority. Anything done by, or in relation to, the person who was the Authority before the appointment or revocation, is taken to have been done by, or in relation to, the person who is the Authority afterwards. 58 Section 316 Omit "Board", substitute "Migration Agents Registration Authority". Note: The heading to section 316 is altered by omitting "Board" and substituting "Migration Agents Registration Authority". 59 Paragraph 316(g) Omit "and advise the Minister on". 60 At the end of section 316 Add: (2) So long as the Institute is appointed under section 315, the Migration Agents Registration Authority also has the function of advising the Minister on the adequacy of any Code of Conduct. 61 Sections 317 to 332 (inclusive) Repeal the sections, substitute: 317 General powers of the Migration Agents Registration Authority The Migration Agents Registration Authority has power to do all things necessarily or conveniently done for, or in connection with, the performance of its functions. 318 Power to refer people to mediation If the Migration Agents Registration Authority is investigating a complaint about a registered agent, the Authority may refer the complainant and the agent to a mediator to resolve the matter complained of. 319 Power to refer lawyers' conduct to other authorities (1) The Migration Agents Registration Authority may refer to an authority responsible for disciplining lawyers the conduct of a registered agent who holds a practising certificate (however described) entitling him or her to practise as a lawyer. (2) If the Migration Agents Registration Authority does so, it may not take action against the agent under section 303 on the basis of that conduct. Note: Section 303 allows the Migration Agents Registration Authority to caution a registered agent or suspend or cancel a registered agent's registration. 320 Delegation of powers and functions (1) The Minister may delegate any of the Migration Agents Registration Authority's powers or functions under this Part to an officer of the Department for any period when the Institute is not appointed under section 315. (2) A delegation must be in writing signed by the Minister. (3) If the Minister delegates a power or function of the Migration Agents Registration Authority, the Minister may disclose to the delegate personal information (as defined in the Privacy Act 1988) to help the delegate exercise the power or perform the function. 321 Disclosure of personal information to the Migration Agents Registration Authority Overview (1) This section authorises certain disclosures of personal information (as defined by the Privacy Act 1988) for the purpose of facilitating or expediting the exercise of the powers, or performance of the functions, of the Migration Agents Registration Authority. Disclosure by the Department to the Authority (2) The Department may make a disclosure to the Migration Agents Registration Authority. Disclosure by the Minister (3) If the Minister appoints the Institute under section 315, the Minister may make a disclosure to the Institute or an officer or employee of the Institute. Note: Section 315 lets the Minister appoint the Institute for the purposes of the definition of Migration Agents Registration Authority in section 275. Preliminary disclosure to the Institute (4) The Department or the Minister may make a disclosure to the Institute or an officer or employee of the Institute at a time when the Minister has made an instrument appointing the Institute under section 315 but the instrument has not taken effect. Section not limited to information obtained after commencement (5) The Department or the Minister may disclose information whether it was obtained before or after the commencement of this section. 322 Annual report (1) If an appointment of the Institute under section 315 is in force at the end of a financial year, the Institute must give a report on the administration of this Part during the financial year to the Minister for presentation to the Parliament. Note: Section 34C of the Acts Interpretation Act 1901 explains when the Institute must give the report to the Minister, and when the Minister must cause the report to be tabled in each House of the Parliament. (2) If an appointment of the Institute under section 315 is not in force at the end of the financial year, the Minister must cause to be tabled in each House of the Parliament a report on the administration of this Part during the financial year, before the end of the 15th sitting day of that House after the 31 December immediately following the financial year. 62 After Division 6 of Part 3 Insert: Division 6A—Collecting and applying registration application fees and renewal fees 332A Regulations about collection of fees The regulations may make provision for and in relation to: (a) the time for payment of registration application fees and renewal fees; and (b) the recovery of registration application fees and renewal fees. 332B Payments to Migration Institute of Australia Limited (1) There is payable to the Institute out of the Consolidated Revenue Fund an amount equal to the sum of registration application fees and renewal fees collected while an instrument under section 315 appointing the Institute is in force. (2) The Consolidated Revenue Fund is appropriated for the purposes of this section. 63 Division 7 of Part 3 (heading) Repeal the heading, substitute: Division 7—Part ceases to be in force on 21 March 2000 64 Subsection 333(1) Omit "1998", substitute "2000". Note: The heading to section 333 is altered by omitting "1998" and substituting "2000". 65 Subsection 333(2) Repeal the subsection, substitute: (2) The powers under this Part for investigation and disciplinary action cease to be available when this Part ceases to be in force, even if the investigation or action: (a) has already begun when this Part ceases to be in force; or (b) relates to a period when this Part was in force. (This subsection does not limit subsection (1), but has effect despite Part III of the Acts Interpretation Act 1901.) 66 Subsection 333(4) Omit "and renewal fees paid later than 21 March 1997", substitute "paid after 21 March 1999". Part 2—Application and transitional provisions 67 Migration Agents Registration Board may disclose personal information The Migration Agents Registration Board may disclose to the Department personal information (as defined by the Privacy Act 1988) that: (a) is relevant to the exercise of the Board's powers or the performance of the Board's functions; or (b) may help the Migration Agents Registration Authority exercise its powers or perform its functions under the Migration Act 1958 as amended by this Act. 68 Department may disclose personal information (1) This item authorises certain disclosures of personal information (as defined by the Privacy Act 1988) for the purpose of facilitating or expediting the exercise of the powers, or performance of the functions, of the Migration Agents Registration Authority under the Migration Act 1958 as amended by this Act. (2) The Department may make a disclosure to the Migration Institute of Australia Limited (A.C.N. 003 409 390) (the Institute) or an officer or employee of the Institute at a time before 21 March 1998 if the Minister has made an instrument before that time appointing the Institute under section 315 of that Act. Note: Section 4 of the Acts Interpretation Act 1901 lets the Minister make such an instrument before 21 March 1998. (3) For the purposes of subitem (2), it does not matter when the Department obtained the personal in