Overview

The Migration Agents Regulations 1998, enacted by the Australian Parliament, were designed to regulate the professional conduct of migration agents through the Migration Agents Registration Authority (the 'Authority'). These regulations address the need to ensure that migration agents maintain their professional competence and knowledge through Continuing Professional Development (CPD). The explanatory statement accompanying Notice F2009L00241, made under the authority of clause 3 of Schedule 1 to the Regulations, specifies activities for CPD, such as attending seminars, workshops, conferences, or lectures, which are approved for the purposes of CPD for registered migration agents. This notice updates the previous listing of approved CPD activities, revoking the earlier notice (MN50-08c of 2008) and introducing new activities, while ensuring no disadvantage to migration agents by allowing them to claim credit for activities completed within a specific period. The policy objective is to maintain high standards of professional practice among migration agents through effective CPD mechanisms.

Scope and Application

The Migration Agents Regulations 1998 applies to registered migration agents who must complete approved activities to maintain their registration under the Migration Act 1958. The scope of this specific instrument is to specify activities involving attendance at seminars, workshops, conferences, or lectures as part of the Continuing Professional Development for registered migration agents. The instrument is made under the authority provided by the Migration Agents Registration Authority, which has the power to specify such activities by notice published on its website. This instrument specifies new activities conferring points and revokes the previous listing, thus altering the approved activities by the Authority. The instrument is of a minor or machinery nature and does not substantially alter existing arrangements. The retrospective nature of the instrument allows agents to claim credit for any activities completed within 12 months prior to applying for repeat registration, ensuring they are not disadvantaged. The instrument applies nationally as it is a Commonwealth instrument, and there are no exclusions, exemptions, or thresholds specified in the text.

Key Provisions

The main operative sections of the Notice, detailed under clause 3 of Schedule 1 to the Migration Agents Regulations 1998, concern the specification of approved activities for Continuing Professional Development (CPD) for registered migration agents. These activities are required to be completed by agents to be eligible for re-registration under section 290A of the Migration Act 1958. Specifically, this Notice specifies activities such as attending seminars, workshops, conferences, or lectures as approved CPD activities. The Notice revokes the previous MARA notice, MN50-08c of 2008, and introduces a new set of approved activities. The Notice imposes obligations on registered migration agents to complete approved CPD activities, which must collectively have a value of at least 10 points. These activities are intended to ensure that migration agents maintain and improve their professional competence. The Authority has specified new activities, revoked some existing ones, and altered others, thereby setting the framework within which agents must operate to meet their CPD requirements. This includes ensuring that any CPD activity undertaken is recorded and can be verified if required. In terms of consequences for non-compliance, the Notice does not explicitly detail offences or penalties for failure to complete the required CPD activities. However, non-compliance could potentially lead to difficulties in re-registering as a migration agent. The primary concern would be the inability to meet the re-registration requirements under section 290A of the Migration Act 1958, which could result in the loss of registration and the inability to practice as a migration agent. While the Notice does not specify penalties, it is important for agents to adhere to these requirements to avoid such professional repercussions. The retrospective nature of the Notice ensures that agents can claim credit for activities completed within the 12 months prior to their application for repeat registration, provided these activities are listed in the Notice and are undertaken before the instrument is registered on the Federal Register of Legislative Instruments. This is intended to prevent any disadvantage to agents who may have completed activities before the Notice was published. The retrospective effect ensures that agents are not penalised for activities completed in good faith prior to the changes in the regulations.