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 MN06-08c of 2008, signed on 7/02/2008, 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 |
30846 |
30847 |
30848 |
30849 |
30850 |
30851 |
7. The activities which have been withdrawn are….
Item |
310181 |
310182 |
310270 |
310271 |
310291 |
320020 |
8. The activities which have altered are:
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4 of Schedule 1 of the Migration Agents Regulations 1998, ensures that agents can still claim activities that have been withdrawn by this instrument, provided that they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.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 Parliament, aim to ensure that registered migration agents maintain their professional competence through continuing professional development. The 1998 Act established the Migration Agents Registration Authority to oversee the registration and professional standards of migration agents, addressing the need for regulated professional development to protect the interests of clients and maintain the integrity of the migration process. This Explanatory Statement pertains to an instrument made under clause 3 of Schedule 1 to the Regulations, specifying activities for Continuing Professional Development. The instrument updates the approved activities for migration agents, revoking the previous notice and specifying new activities, without substantially altering existing arrangements. The policy objective is to ensure that migration agents can claim credit for professional development activities completed before the notice is published, thereby preventing any disadvantage to agents or the Commonwealth.
Scope and Application
The Migration Agents Regulations 1998, as amended by the explanatory statement, outline the requirements and activities for the Continuing Professional Development (CPD) of registered migration agents in Australia. These regulations apply to all registered migration agents who are required to complete approved CPD activities to maintain their registration. The activities specified under this notice pertain to attendance at seminars, workshops, conferences, and lectures. The instrument made under the notice revokes the previous list of approved activities and specifies new ones that confer points towards re-registration. This instrument is minor in nature and does not substantially alter existing CPD arrangements but updates the activities list, effective from 1 April 1998. Importantly, the retrospective application of this notice allows agents to claim credit for activities completed within the 12 months prior to applying for repeat registration, ensuring no disadvantage to agents or the Commonwealth.
Key Provisions
The Migration Agents Regulations 1998, as amended by the explanatory statement, specify approved activities for Continuing Professional Development (CPD) for registered migration agents (Clause 3). These activities are crucial for agents to re-register under section 290A of the Migration Act 1958. The activities must carry a minimum value of 10 points. The regulations focus on attendance at seminars, workshops, conferences, or lectures, as stated in Clause 3 of Schedule 1 to the Regulations. The Authority, through this instrument, has specified new activities for CPD, revoking the previous MARA Notice MN06-08c of 2008 and replacing it with a new set of activities.
The obligations imposed on registered migration agents under these regulations include completing the specified CPD activities to maintain their registration status. Each agent must ensure they accumulate at least 10 points through approved activities. Failure to complete these requirements may result in difficulties when applying for re-registration, potentially leading to suspension or cancellation of their registration. The Authority has the power to monitor and verify that agents have met these CPD requirements.
Breach of the CPD requirements can have serious consequences for registered migration agents. While the explanatory statement does not detail specific penalties, failure to meet the CPD requirements can lead to non-renewal of registration. This non-renewal can result in the agent being unable to legally practice as a migration agent, impacting their professional standing and livelihood. Agents must comply with the CPD requirements to avoid any legal repercussions or professional sanctions.