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 MN03-07c of 2007, signed on 15/01/2007, 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
310351, 310352, 310353, 310354, 310355, 310356, 310357, 310358, 310359, 310360, 310361, 310362, 310363, 310364, 310365, 310366, 310367, 310368, 310369, 310370, 310371, 310372, 310373, 310374, 310375
7. The activities which have been withdrawn are….
NIL
8. The activities which have altered are:
NIL
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 Commonwealth Parliament, provide a regulatory framework for migration agents in Australia, ensuring they maintain a high standard of professional competence and ethical practice. This legislation was introduced to address the need for ongoing professional development to keep pace with changes in migration law and practices. The explanatory statement for F2007L01216 clarifies that the Migration Agents Registration Authority (the 'Authority') has the power to specify, through a notice on its website, approved activities for Continuing Professional Development (CPD) which migration agents must complete to re-register. The purpose of this particular instrument is to outline activities, such as attending seminars, workshops, conferences, or lectures, that are approved for CPD. It revokes the previous notice and updates the list of approved activities, ensuring that agents can continue to claim CPD points for activities completed before the new notice was published, thereby preventing any disadvantage. The instrument's retrospective effect aims to provide continuity and fairness in the CPD requirements for migration agents.
Scope and Application
The Migration Agents Regulations 1998, as amended by the Explanatory Statement for F2007L01216, pertain to all registered migration agents who are required to engage in Continuing Professional Development (CPD) to maintain their registration. This requirement is mandated by section 290A of the Migration Act 1958, which demands that agents complete approved activities that carry a value of at least 10 points. The Regulations apply nationally across Australia, covering all entities and individuals who operate as migration agents under the Commonwealth jurisdiction. The Regulations specify approved CPD activities, including attendance at seminars, workshops, conferences, and lectures, and have been updated to reflect new approved activities while revoking the previous listing. The retrospective application of the notice ensures that agents can claim credit for activities completed within the 12 months prior to applying for re-registration, thus ensuring no disadvantage to agents or the Commonwealth.
Key Provisions
The primary sections of the Migration Agents Regulations 1998 (referred to as the Regulations) deal with the activities that are approved for the purpose of Continuing Professional Development (CPD) for registered migration agents. Under section 290A of the Migration Act 1958, all registered migration agents must complete approved CPD activities that carry a value of at least 10 points to be eligible for re-registration. The Regulations empower the Migration Agents Registration Authority (the 'Authority') to specify, by notice published on its website, these approved activities for CPD.
The obligations imposed by the Regulations on migration agents include the requirement to participate in activities that are approved by the Authority and that hold a minimum value of 10 points for CPD purposes. This ensures that agents remain updated with the latest developments and legal requirements in their field. The Regulations also mandate that agents must complete these activities within a specified timeframe, typically before the deadline for their re-registration.
Breach of the CPD requirements can lead to significant consequences for migration agents. Under the Migration Act 1958, failure to complete the required CPD activities can result in a failure to be re-registered, which in turn means that the agent cannot legally provide migration services. This can also lead to disciplinary actions being taken by the Authority, which may include fines or suspension of the agent’s registration. The maximum penalties for such breaches are not specified in the explanatory statement, but they can be severe, depending on the extent and nature of the non-compliance.
The instrument also outlines the retrospective application of the notice, effective as of 1 April 1998, which allows agents to claim credit for CPD activities they completed within the 12 months prior to applying for repeat registration. This ensures that agents are not disadvantaged if they complete activities before the notice is published. Importantly, the retrospective nature of the notice does not disadvantage migration agents, as they 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. The Commonwealth is neither advantaged nor disadvantaged by this retrospectivity.