EXPLANATORY STATEMENT
Migration Agents Regulations 1998
- This Notice is made under clause 3 of Schedule 1 to the Migration Agent Regulations 1998 (‘the Regulations’).
2. Clause 3 of Schedule 1 to the Regulations allows the Migration Agents Registration Authority (the 'Authority') to specify, by notice published on its web site, approved activities for the purposes of Continuing Professional Development. All registered migration agents must complete approved activities that have a value of at least 10 points in order to re‑register under section 290A of the Migration Act 1958.
3. The purpose of the Instrument is to specify activities involving Attendance at a Seminar, Workshop, Conference or Lecture, which are approved for the purposes of Continuing Professional Development for registered migration agents.
4. The instrument revokes the notice entitled Migration Agents (Continuing Professional Development – Attendance at a Seminar, Workshop, Conference or Lecture) MARA Notice MN49-06c of 2006, signed on 8/12/2006, and specifies a new set of activities.
5. The instrument is of a minor or machinery nature and does not substantially alter existing arrangements for the purposes of Continuing Professional Development for registered migration agents. It confers points on new activities set out in column 2 in the Schedule, revokes the previous listing of approved activities, and alters those activities specified as approved activities by the Authority. Consultation is not required under these circumstances.
6. The new activities included in the notice are….
Items
310349, 310350
7. The activities which have been withdrawn are….
Items
310116, 310117, 310118, 310132, 310133, 310134, 310135, 310148, 310149, 310150, 310151, 310166, 310167, 310168
8. The activities which have altered are:
Items
310145, 310146, 310224, 310259, 310260, 310267, 310269, 310271, 310273, 310279, 310301, 310312, 310337, 310339, 310348
9. The instrument revokes a previously published MARA notice and is effective as of 1 April 1998. This retrospectivity is to enable registered migration agents to claim credit for any of the Continuing Professional Development activities listed in the notice, which they have completed within the 12 months prior to applying for repeat registration. It thus ensures that agents are not disadvantaged if they complete any of these activities before the notice is published.
10. The retrospective nature of the notice does not disadvantage migration agents in any way. This is because clause 4 of Schedule 1 of the Migration Agents Regulations 1998, ensures that agents can still claim activities that have been withdrawn by this instrument, provided that they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.
11. The Commonwealth is neither advantaged nor disadvantaged by the retrospectivity.
Overview
The Migration Agents Regulations 1998, enacted by the Parliament of Australia, were designed to ensure that migration agents maintain a high standard of professional competency and integrity. This was achieved by establishing a framework for Continuing Professional Development (CPD) for registered migration agents, mandating them to complete approved activities to maintain their registration under section 290A of the Migration Act 1958. The explanatory statement outlines that the regulations allow the Migration Agents Registration Authority (the 'Authority') to specify, via a notice on its website, approved activities for CPD purposes. The notice F2007L00159, made under clause 3 of Schedule 1 to the Regulations, aims to specify activities such as attending seminars, workshops, conferences, or lectures that are approved for CPD. The instrument revokes the previous notice MN49-06c of 2006 and updates the list of approved activities, ensuring that the CPD requirements remain current and relevant. This minor or machinery nature instrument does not substantially alter existing arrangements and is effective from 1 April 1998, with a retrospective application to allow agents to claim credit for activities completed within the 12 months prior to applying for repeat registration.
Scope and Application
The Migration Agents Regulations 1998 applies to registered migration agents within Australia, requiring them to complete approved Continuing Professional Development (CPD) activities to maintain their registration. These regulations are enacted under the Migration Act 1958 and are administered by the Migration Agents Registration Authority (the 'Authority'). The CPD activities must be of a minimum value of 10 points as stipulated under section 290A of the Act. The instrument specifies approved CPD activities, including attendance at seminars, workshops, conferences, or lectures, and details which activities have been approved, withdrawn, or altered. This notice, being of a minor or machinery nature, updates the list of approved activities and revokes the previous notice, ensuring that the requirements for CPD remain current and relevant. The retrospective effect of the notice allows agents to claim CPD activities completed within the 12 months prior to applying for repeat registration, ensuring no disadvantage arises from the update of the list.
Key Provisions
The primary operative sections of the Migration Agents Regulations 1998, as detailed in this explanatory statement, pertain to the activities approved for Continuing Professional Development (CPD) for registered migration agents. Under section 3 of Schedule 1 of the Regulations, the Migration Agents Registration Authority (the 'Authority') has the power to specify approved CPD activities through a notice published on its website. Section 290A of the Migration Act 1958 mandates that all registered migration agents must complete approved CPD activities with a value of at least 10 points to re-register. The explanatory statement specifies that the notice in question concerns activities such as attending seminars, workshops, conferences, or lectures.
The Act imposes certain obligations on registered migration agents to ensure their professional development remains current and relevant. These obligations include completing approved CPD activities, which must accumulate at least 10 points, as stipulated by section 290A of the Migration Act 1958. The agents must also ensure that any CPD activities they undertake are listed in the notice published by the Authority. This requirement ensures that agents remain knowledgeable about the latest developments in migration law and practice.
In terms of offences and penalties, the explanatory statement does not explicitly outline specific penalties for non-compliance with the CPD requirements. However, it is implied that failure to complete the mandated CPD activities could result in difficulties or disqualification from re-registration, as per section 290A of the Migration Act 1958. The retrospective nature of the notice, effective from 1 April 1998, ensures that agents are not disadvantaged if they complete approved activities before the notice is registered. Clause 4 of Schedule 1 of the Regulations further supports this by allowing agents to claim activities that have been withdrawn, provided they were completed before the notice was registered on the Federal Register of Legislative Instruments. This ensures compliance with the CPD requirements without unfairly disadvantaging the agents.