Overview

The Migration Agents Regulations 1998, enacted by the Parliament of Australia, addresses the need for ongoing professional development for registered migration agents to ensure they remain knowledgeable and competent in their field. This legislation was introduced to enhance the quality of services provided by migration agents and to better protect the interests of those seeking migration assistance. Under the authority granted by the Migration Act 1958, the Migration Agents Registration Authority (the 'Authority') has the power to specify activities that qualify for Continuing Professional Development (CPD) points, which agents must accumulate to maintain their registration. The explanatory statement outlines an instrument that updates the list of approved CPD activities, specifically those involving attendance at seminars, workshops, conferences, or lectures. This instrument replaces an older notice and introduces new activities while revoking or altering existing ones, ensuring that the CPD requirements remain relevant and reflective of current industry standards. The retrospective application of this notice ensures that agents who completed eligible activities within the past year can still claim the CPD points, thereby maintaining fairness and continuity in the registration process.

Scope and Application

The Explanatory Statement outlines the scope and application of the notice made under the Migration Agents Regulations 1998, which specifies approved activities for Continuing Professional Development (CPD) for registered migration agents. The notice applies to all registered migration agents who must complete approved CPD activities to re-register under the Migration Act 1958. The activities specified involve attendance at seminars, workshops, conferences, or lectures, with each activity assigned a certain point value. This notice replaces a previous notice, MN05-09c of 2009, with new activities listed in the Schedule, and revokes the previous listing of approved activities. The instrument is minor in nature and does not substantially alter existing arrangements for CPD. It confers points on new activities and revokes and alters certain previously approved activities. The notice is effective retrospectively from 1 April 1998, allowing agents to claim credit for activities completed within the 12 months prior to applying for repeat registration, ensuring they are not disadvantaged. This retrospectivity does not disadvantage migration agents or the Commonwealth, as they can still claim activities withdrawn by the instrument if undertaken before it is registered on the Federal Register of Legislative Instruments.

Key Provisions

The Migration Agents Regulations 1998 (Regulations) establish a framework for the registration and continuing professional development (CPD) of migration agents in Australia. Section 3 of Schedule 1 to the Regulations permits the Migration Agents Registration Authority (the 'Authority') to specify, by notice published on its website, activities that are approved for CPD purposes. This notice, F2009L00723, specifies activities involving attendance at seminars, workshops, conferences, or lectures as approved CPD activities for registered migration agents. Registered migration agents must complete approved CPD activities to meet the requirements for re-registration under section 290A of the Migration Act 1958. The approved activities, which carry a value of at least 10 points, are detailed in the notice and include attendance at specific seminars, workshops, conferences, or lectures. These activities are designed to ensure that migration agents maintain and enhance their professional knowledge and skills. The notice revokes the previous notice titled "Migration Agents (Continuing Professional Development – Attendance at a Seminar, Workshop, Conference or Lecture) MARA Notice MN05-09c of 2009" and specifies new approved activities. This change ensures that migration agents are aware of the most current and relevant CPD opportunities. The notice is effective as of 1 April 1998, which allows migration agents to claim credit for any CPD activities completed within the 12 months prior to applying for repeat registration. Failure to complete the required approved CPD activities can result in difficulties with re-registration, as section 290A of the Migration Act 1958 mandates the completion of these activities for continued registration. The notice also includes provisions to ensure that migration agents are not disadvantaged by the retrospectivity of the instrument. Clause 4 of Schedule 1 of the Regulations ensures that agents can still claim activities that have been withdrawn by this instrument, provided they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments. This means that the Commonwealth is neither advantaged nor disadvantaged by the retrospectivity of the notice.