Overview

The Migration Agents Regulations 1998, enacted by the Australian Parliament, address the need for ongoing professional development for registered migration agents to ensure they maintain the requisite skills and knowledge. This legislation was introduced to uphold high standards within the migration industry and to safeguard the interests of clients who rely on the expertise of these agents. The policy objective of the Regulations is to ensure that migration agents remain competent and current with evolving laws and practices through mandatory continuing professional development activities. Clause 3 of Schedule 1 to the Regulations empowers the Migration Agents Registration Authority to specify, by notice, activities approved for Continuing Professional Development, which agents must complete to re-register. This particular notice updates the approved activities, revoking the previous listing and specifying new activities for professional development, ensuring agents can claim credit for activities undertaken prior to the notice's publication.

Scope and Application

The Migration Agents Regulations 1998, as amended, apply to registered migration agents who are required to complete approved activities for Continuing Professional Development in order to re-register under the Migration Act 1958. These regulations allow the Migration Agents Registration Authority to specify through notices published on its website the approved activities for the purpose of Continuing Professional Development. Specifically, the Act mandates that all registered migration agents must complete approved activities that have a value of at least 10 points for re-registration. The specified activities involve attendance at seminars, workshops, conferences, or lectures, and the instrument revokes the previous notice on approved activities, MN13-08c of 2008, and introduces a new set of activities that confer points on specified activities. The new instrument does not substantially alter existing arrangements and operates on a retrospective basis to allow agents to claim credit for any approved activities they have completed within the 12 months prior to applying for repeat registration. This retrospective approach ensures that agents are not disadvantaged and does not affect the Commonwealth's position.

Key Provisions

The primary sections of the Migration Agents Regulations 1998, as amended by this Notice, involve the specification of activities approved for Continuing Professional Development (CPD) for registered migration agents (section 3). These activities include attendance at seminars, workshops, conferences, or lectures. Section 290A of the Migration Act 1958 mandates that all registered migration agents must complete approved CPD activities, with a minimum value of 10 points, to be eligible for re-registration. This requirement is crucial for ensuring that migration agents maintain their professional competence and currency in their field. The Notice imposes several obligations on registered migration agents. Firstly, they must ensure they complete at least 10 points worth of approved CPD activities. Secondly, they must participate in activities that have been officially recognised by the Migration Agents Registration Authority (the 'Authority'). These activities are listed in the Schedule of the Notice and include a variety of seminars, workshops, conferences, and lectures that are relevant to the migration profession. It is the responsibility of the migration agents to verify that the activities they undertake meet these criteria and are documented correctly to facilitate their re-registration process. Breach of the CPD requirements can result in civil or criminal penalties. Under section 290A of the Migration Act 1958, failure to complete the requisite CPD activities can lead to penalties. Specifically, for each instance of non-compliance, a civil penalty of up to $22,200 may be imposed. This penalty reflects the seriousness with which the government treats the requirement for migration agents to maintain their professional standards. Additionally, persistent non-compliance could potentially lead to the revocation of the agent's registration, which would bar them from practising as a migration agent in Australia. The Notice also provides for the retrospective application of the approved activities, ensuring that migration agents who completed activities within the 12 months prior to the Notice's publication can still claim credit for them. This retrospective approach is designed to prevent agents from being unfairly disadvantaged due to the timing of the Notice's publication. However, it is crucial that any activities undertaken after the Notice is registered on the Federal Register of Legislative Instruments comply with the new specifications outlined in the Notice.