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 MN51-07c of 2007, signed on 21/12/2007, 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….
Item
30829, 30830, 30831, 30832, 30833, 30834, 30835, 30836, 30837, 30844, 30845
7. The activities which have been withdrawn are….
Item
310013, 310018, 310264, 310265, 310266, 310267, 320032, 320033, 320034, 320035, 330024
8. The activities which have altered are:
NIL
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 Australian government, were introduced to regulate the activities of migration agents in Australia and ensure they maintain a high level of professional competency and integrity. The Migration Agents Regulations 1998 establish the framework for the registration, education, and professional development of migration agents, aiming to uphold the quality and reliability of migration services provided in the country. The instrument in question, which was made under clause 3 of Schedule 1 to the Regulations, allows the Migration Agents Registration Authority (the 'Authority') to specify approved activities for the purposes of Continuing Professional Development for registered migration agents. The Authority must publish these approved activities on its website, and all registered migration agents must complete activities that have a value of at least 10 points in order to re-register under section 290A of the Migration Act 1958. This notice revokes the previous listing of approved activities and specifies a new set of activities for registered migration agents to complete as part of their Continuing Professional Development.
Scope and Application
The Migration Agents Regulations 1998 provide a framework for ensuring that registered migration agents maintain their professional competence through Continuing Professional Development (CPD). The Explanatory Statement details a Notice made under clause 3 of Schedule 1 of these Regulations, specifying approved activities for CPD, which are crucial for re-registration under section 290A of the Migration Act 1958. This Notice, effective from 1 April 1998, allows the Migration Agents Registration Authority to designate activities such as seminars, workshops, conferences, or lectures as approved CPD activities. These activities are assigned point values, with agents needing to accumulate at least 10 points to re-register. The Notice revokes the previous MARA Notice MN51-07c of 2007 and introduces new activities while altering none of the existing ones. Importantly, the Notice is retrospective, enabling agents to claim CPD credits for activities completed within the 12 months prior to their application for repeat registration, ensuring no agent is disadvantaged by the update. This retrospective effect does not disadvantage the Commonwealth, as clause 4 of Schedule 1 of the Regulations allows agents to still claim withdrawn activities if completed before the Notice is registered on the Federal Register of Legislative Instruments.
Key Provisions
The primary operative sections of this legislation (sections 2 to 11) outline the process through which the Migration Agents Registration Authority (the 'Authority') specifies approved activities for the purposes of Continuing Professional Development (CPD) for registered migration agents. Section 2 states that the Authority is empowered to specify these activities under clause 3 of Schedule 1 to the Migration Agents Regulations 1998. Section 3 provides the purpose of the Instrument, which is to specify activities involving attendance at seminars, workshops, conferences, or lectures as approved CPD activities. Section 4 details that the instrument revokes the previous notice and specifies a new set of activities. Section 5 explains that the instrument is of a minor or machinery nature and does not substantially alter existing arrangements. Section 9 specifies that the instrument is effective as of 1 April 1998, and Section 10 ensures that the retrospective nature does not disadvantage migration agents.
The obligations and requirements imposed by this Act on registered migration agents include completing approved CPD activities that have a value of at least 10 points in order to re-register under section 290A of the Migration Act 1958 (section 2). These activities must be undertaken to maintain their registration and must include the newly specified activities as outlined in the Schedule of the Instrument. Agents must ensure that any CPD activities they complete are listed in the current notice and are undertaken within the specified timeframes to avoid any disadvantage.
The legislation also addresses the consequences of non-compliance with the CPD requirements. While the explanatory statement does not explicitly detail specific offences, penalties, or civil/criminal consequences for breach, it is implied that failure to complete the required CPD activities could result in difficulties with re-registration. Under section 290A of the Migration Act 1958, failure to comply with the CPD requirements could lead to a refusal to renew a migration agent's registration. Additionally, the retrospective nature of the notice, as explained in section 10, ensures that agents can still claim credit for withdrawn activities completed before the instrument is registered on the Federal Register of Legislative Instruments, mitigating any potential penalties for past omissions.