Overview

The Migration Agents Regulations 1998, as amended by the Notice F2006L01707, were enacted to ensure that migration agents in Australia meet the required professional standards and qualifications. This legislation was introduced to address the need for a more comprehensive approach to the registration and qualification requirements of migration agents, ensuring that they are adequately prepared to provide competent and ethical services. This Notice was made under the authority granted by Regulation 5 of the Regulations, which aims to specify the exams that are recognised for the purposes of Paragraph 289A(c) of the Migration Act 1958. The policy objective behind this legislation is to maintain high standards of professional conduct and competence within the migration industry by ensuring that all agents undergo appropriate training and assessments before being registered. The Notice of 2006 broadens the scope of approved exams by recognising "The common assessment items relating to registration" from the Graduate Certificate in Migration Law and Practice at various Australian tertiary institutions, in addition to continuing to approve the Migration Advice Professional Knowledge Entrance Examination (MAPKEE). This move reflects an effort to provide more pathways for individuals to demonstrate their competency in migration law and practice.

Scope and Application

The Migration Agents Regulations 1998, as amended by the Notice dated 16 February 2006, set out the criteria for registration of migration agents in Australia. This legislation applies to individuals seeking to register as migration agents or re-register after a period of inactivity exceeding 12 months, and it specifies the educational and examination requirements they must meet. These requirements are outlined in the Migration Act 1958 and include completion of an approved course and passing a prescribed exam, or holding specific prescribed qualifications. The regulation extends to encompass all persons within Australia who are seeking to enter or re-enter the profession of migration agency. The jurisdictional reach of this Act is national, applying uniformly across all states and territories of Australia. This Notice, effective from 1 July 2006, identifies additional approved exams for registration purposes, recognising "The common assessment items relating to registration" within the Graduate Certificate in Migration Law and Practice, alongside the previously approved Migration Advice Professional Knowledge Entrance Examination (MAPKEE). This instrument revokes a prior notice from 1 July 2004 that only recognised the MAPKEE as an approved exam, thus expanding the scope of acceptable qualifications for registration.

Key Provisions

The Migration Agents Regulations 1998, specifically under Regulation 5, outline the requirements for exams that applicants for registration as a migration agent must complete and pass. According to Section 289A of the Migration Act 1958, an applicant must either complete a prescribed course and pass a prescribed exam within the prescribed period, or hold certain prescribed qualifications, to be considered for registration by the Authority. Regulation 5 identifies exams approved by the Authority and listed on its website as a means of meeting the registration requirements. The primary obligation under these regulations is for applicants to demonstrate their competence through either passing an approved exam or holding prescribed qualifications. The Authority has approved two exams: the Migration Advice Professional Knowledge Entrance Examination (MAPKEE) and the common assessment items relating to registration that form part of the Graduate Certificate in Migration Law and Practice at various Australian tertiary institutions. By approving these exams, the Authority ensures that applicants have a recognised pathway to demonstrate their knowledge and suitability for registration as a migration agent. The Notice made under Regulation 5 also includes a revocation of a previously published MARA notice from 1 July 2004. This earlier notice only recognised the MAPKEE as an approved exam. The current Notice updates the list of approved exams, effective from 1 July 2006, to include the additional exams related to the Graduate Certificate in Migration Law and Practice. This change reflects the evolving educational landscape and provides applicants with more pathways to meet the registration requirements. Any failure to comply with the requirements outlined in the Migration Agents Regulations 1998 can result in serious consequences. Although the Notice itself does not explicitly detail penalties, breaches of the Migration Act 1958 can lead to civil or criminal penalties, including fines and imprisonment. The specific penalties depend on the nature and severity of the breach, but they underscore the importance of adhering to the regulations to avoid legal repercussions.