Overview

The Migration Agents Registration Authority (MARA) is established under the Migration Act 1958 to regulate the activities of migration agents in Australia. The Authority's role is to ensure that migration agents are qualified and competent to provide migration advice and services. The Migration Agents Regulations 1998 provide the framework for the registration and regulation of migration agents, including the requirement for agents to pass a professional knowledge examination. The MARA PRESCRIBED EXAMINATION NOTICE issued on 22 June 2004 under subregulation 5(1) of the Migration Agents Regulations 1998, pursuant to section 289A(c) of the Migration Act 1958, serves to approve the Migration Advice Professional Knowledge Entrance Examination (MAPKEE) as a prescribed examination. This legislative instrument aims to maintain high standards of professional competence and ethical conduct among migration agents, thereby protecting the interests of clients and upholding the integrity of Australia's migration system.

Scope and Application

The notice issued by the Migration Agents Registration Authority (MARA) under the Migration Act 1958 and the Migration Agents Regulations 1998 specifies the approval of the Migration Advice Professional Knowledge Entrance Examination (MAPKEE) as a prescribed examination, effective from 1 July 2004. This legislation applies to individuals seeking registration as migration agents in Australia. The MAPKEE is intended to assess the necessary knowledge and skills required for individuals to provide migration advice lawfully and competently. The jurisdiction of this Act encompasses the entire Commonwealth of Australia, ensuring that all migration agents, irrespective of where they operate within the country, must adhere to the same professional standards. Notably, this notice does not introduce any exclusions, exemptions, or thresholds beyond the requirement to pass the MAPKEE for registration purposes. The application of this Act can be extended or modified through subordinate instruments issued by MARA, which may further define specific requirements or criteria for the examination or the registration process.

Key Provisions

The main operative sections of the legislative instrument (F2005B00061) relate to the approval of the Migration Advice Professional Knowledge Entrance Examination (MAPKEE) as a prescribed examination under the Migration Agents Regulations 1998 (paragraphs referenced in parentheses). This legislative instrument, dated 22/06/2004, notifies that the MAPKEE has been approved by the Migration Agents Registration Authority (MARA) as per subregulation 5(1) of the Migration Agents Regulations 1998 and section 289A(c) of the Migration Act 1958. The notification indicates that the MAPKEE will be effective from 1 July 2004. This legislative instrument ensures that the MAPKEE meets the required standards and qualifications for individuals seeking to become registered migration agents in Australia. The obligations and requirements imposed by this Act on the parties or entities it governs include ensuring that the MAPKEE is recognised and adhered to by all prospective migration agents. Prospective migration agents must pass the MAPKEE as a prerequisite for registration with the MARA. This requirement is fundamental in ensuring that individuals who wish to provide migration advice in Australia possess the necessary knowledge and understanding of migration law and practice. The MAPKEE is designed to assess the professional knowledge and competency of candidates in relation to migration law and practice. By passing this examination, candidates demonstrate their ability to provide competent and ethical migration advice, thereby protecting the interests of clients and maintaining the integrity of the migration industry. In terms of offences, penalties, or consequences for breach, the legislative instrument itself does not specify particular penalties or consequences. However, under the Migration Act 1958 and the Migration Agents Regulations 1998, failure to comply with the requirements to pass the MAPKEE as a condition for registration can result in serious civil and criminal consequences. Civil penalties for unregistered migration activities can include fines of up to $27,500 for individuals and $137,500 for bodies corporate, as well as potential disqualification from registration. Criminal penalties can include fines of up to $55,000 for individuals and $275,000 for bodies corporate, and imprisonment for up to five years. These penalties are intended to deter unregistered migration activities and to ensure that only qualified and competent individuals are allowed to provide migration services in Australia.