Overview

The Migration Agents Regulations 1998, enacted by the Parliament of Australia, were introduced to regulate the professional activities of migration agents and ensure their competency and adherence to ethical standards. This legislative framework was designed to address gaps in the regulation of migration agents, particularly in maintaining their professional development and competence. The Migration Agents Regulations 1998 provide the Migration Agents Registration Authority (the 'Authority') with the power to specify approved activities for Continuing Professional Development (CPD), which are essential for re-registration under the Migration Act 1958. The policy objective of this legislation is to ensure that migration agents maintain a high standard of professional competence and integrity, thereby protecting the interests of individuals and entities engaged in migration processes. This approach ensures that migration agents remain updated with the latest developments and regulatory changes in their field.

Scope and Application

The explanatory statement pertains to the Migration Agents Regulations 1998, which are used to specify approved activities for the purposes of Continuing Professional Development (CPD) for registered migration agents. This notice, made under clause 3 of Schedule 1 of the Regulations, allows the Migration Agents Registration Authority (the 'Authority') to publish on its website a list of approved CPD activities, such as seminars, workshops, conferences, or lectures, which migration agents must complete to maintain their registration. These activities are assigned point values, with a minimum of 10 points required for re-registration under section 290A of the Migration Act 1958. The instrument revokes the previous notice concerning approved CPD activities and introduces a new set of approved activities, with no substantial alteration to existing CPD arrangements. The notice is effective as of 1 April 1998, allowing migration agents to claim credit for activities undertaken within the 12 months prior to applying for repeat registration, thus ensuring they are not disadvantaged by the update. The retrospectivity of the notice does not disadvantage the agents or the Commonwealth, as clause 4 of Schedule 1 of the Regulations permits agents to claim activities that have been withdrawn, provided they were undertaken before the instrument was registered on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of this legislation (sections 2 to 9) specify the approved activities for Continuing Professional Development (CPD) for registered migration agents. These activities, which include attending seminars, workshops, conferences, or lectures, have been updated to reflect new requirements under section 290A of the Migration Act 1958. Specifically, registered migration agents must complete approved CPD activities that have a value of at least 10 points in order to re-register (section 3). The instrument revokes the previous notice (MN09-09c) and specifies a new set of activities (section 6), while also withdrawing certain activities (section 7) and altering others (section 8). This notice is effective from 1 April 1998, allowing agents to claim credit for CPD activities completed within the 12 months prior to applying for repeat registration (section 9). The Act imposes several obligations on the parties it governs. Firstly, registered migration agents must complete the specified approved activities to meet the CPD requirements necessary for re-registration (section 3). The Authority is required to specify these activities through notices published on its website (section 2). Secondly, the Authority must ensure that the specified activities reflect the most current requirements and standards for professional development in the field of migration. Finally, the Act requires the Authority to ensure that agents are not disadvantaged by the changes in the approved activities list (section 10). Failure to comply with the CPD requirements can result in significant consequences for the registered migration agents. While the Act does not explicitly state offences or penalties, it is implied that not completing the approved CPD activities could lead to the inability to re-register as a migration agent, effectively barring the agent from practising. The Act's focus on ensuring agents can claim activities completed before the notice is registered on the Federal Register of Legislative Instruments (section 10) suggests a regulatory intent to provide flexibility and fairness in meeting CPD requirements. However, the practical consequence remains that non-compliance would prevent re-registration, which is a severe professional and legal consequence for the agent.