Overview

The Migration Agents Regulations 1998 were enacted to ensure the regulation and professional development of migration agents in Australia, addressing the need for a structured framework to maintain professional standards and integrity within the migration industry. This legislation empowers the Migration Agents Registration Authority to specify approved activities for Continuing Professional Development for registered migration agents, thereby ensuring that they remain updated on the latest legal and procedural changes. The explanatory statement for the F2005L00927 notice, issued under the authority of the Migration Agent Regulations 1998, aims to specify new approved activities for professional development, namely attendance at seminars, workshops, conferences, or lectures. This instrument, which is of a minor or machinery nature, revokes the previous notice and introduces a new set of activities, conferring points on these new activities and altering those specified as approved activities by the Authority. Importantly, the instrument requires retrospective application to ensure that activities completed under the previous notice, now revoked, remain recognised for professional development purposes.

Scope and Application

The Migration Agents Regulations 1998 applies to registered migration agents in Australia, regulating their professional development requirements. This specific notice, made under clause 3 of Schedule 1 of the Regulations, pertains to the approval of activities for Continuing Professional Development (CPD) for these agents. The Authority specifies approved CPD activities, including attendance at seminars, workshops, conferences, or lectures, categorising them as either core or elective activities and assigning points accordingly. The notice, while minor and not altering existing arrangements significantly, is necessary for specifying new activities and revoking previous listings. It requires retrospective application to ensure that activities approved under previous notices, now revoked, are still recognised for CPD purposes, thereby preventing disadvantage to individuals who completed these activities before the notice was registered. The notice is effective from 1 April 1998, and the Commonwealth is not advantaged or disadvantaged by this retrospectivity.

Key Provisions

The Migration Agents Regulations 1998 allow the Migration Agents Registration Authority to specify approved activities for Continuing Professional Development for registered migration agents. Clause 3 of Schedule 1 of the Regulations provides the basis for such specifications, which are published on the Authority’s website. The notice specifies the name of the activity, the provider (if any), whether it is a core or elective activity, and the number of points awarded for each activity. This is detailed in section 2 of the explanatory statement. Under section 3 of the explanatory statement, the Migration Agents (Continuing Professional Development – Attendance at a Seminar, Workshop, Conference or Lecture) notice specifies new approved activities for Continuing Professional Development. This notice revokes the previous notice (MN4-05 of 2005) and introduces a new set of approved activities listed in the attached Schedule. The new activities are approved for Continuing Professional Development for Registered Migration Agents and have been assigned a status and value as specified in columns 4 and 5 of the Schedule. Section 5 further explains that these new activities are approved for the purposes of clause 3 of Schedule 1 to the Regulations. The obligations imposed by the new notice on registered migration agents include completing approved activities for Continuing Professional Development, which are listed and specified by the Authority. Agents must ensure that the activities they undertake are listed in the current notice as approved activities, as participation in unlisted activities will not count towards their Continuing Professional Development requirements. The approved activities must be completed within the specified timeframes and points accumulated to meet the professional development obligations set out in section 290A of the Migration Act 1958. Section 7 of the explanatory statement explains the retrospective application of the new notice. This means that the notice is effective from 1 April 1998, even though it is published later. This retrospectivity is necessary to ensure that activities approved in previous notices, which have now been revoked, still count towards Continuing Professional Development. Without retrospectivity, individuals who completed approved activities under the previous notice would be disadvantaged. The Commonwealth is neither advantaged nor disadvantaged by this retrospectivity. Any failure to comply with the Continuing Professional Development requirements could lead to civil or criminal consequences under section 290A of the Migration Act 1958. However, the explanatory statement does not specify the exact penalties or consequences for non-compliance. It is important for registered migration agents to ensure they are participating in approved activities and accumulating the required points to maintain their registration and professional standing.