Overview

The Migration Agents Regulations 1998, enacted by the Australian Parliament, was introduced to regulate the professional activities of migration agents in Australia. It was designed to ensure that migration agents maintain a high standard of professional conduct and competency through ongoing education and training. The explanatory statement outlines an instrument that specifies activities involving attendance at seminars, workshops, conferences, or lectures as approved for the purposes of Continuing Professional Development for registered migration agents. This instrument revokes a previous notice and introduces a new set of activities, with no substantial alteration to existing arrangements. The retrospective effect of the notice allows registered agents to claim credit for activities completed within the 12 months prior to applying for repeat registration, ensuring they are not disadvantaged. The instrument is of a minor or machinery nature, conferring points on new activities, revoking the previous listing of approved activities, and altering those activities specified as approved activities by the Migration Agents Registration Authority. This instrument does not require consultation under these circumstances, as it does not significantly change the existing regulatory framework. The purpose is to update the approved activities list to reflect current professional development requirements and ensure compliance with the Migration Act 1958.

Scope and Application

The Migration Agents Regulations 1998, as amended by this explanatory statement, pertain specifically to registered migration agents who must complete approved activities for Continuing Professional Development (CPD) to re-register under the Migration Act 1958. This legislation applies nationwide, covering all registered migration agents operating in Australia, regardless of where they conduct their activities. The instrument specifies that attendance at seminars, workshops, conferences, or lectures are approved activities for CPD, each with an assigned point value of at least 10. The Authority retains the power to specify these approved activities via notices published on its website. This notice replaces a previous one, listing new activities while revoking the previous activities and altering certain specified activities. The instrument is of a minor or machinery nature, meaning it does not substantially alter existing arrangements for CPD but confers points on new activities and revokes the previous listing of approved activities. This instrument is retrospective to 1 April 1998, allowing agents to claim credit for CPD activities completed within the 12 months prior to applying for repeat registration, ensuring they are not disadvantaged. The retrospective nature does not disadvantage migration agents, as they can still claim activities withdrawn by this instrument if undertaken before it is registered on the Federal Register of Legislative Instruments.

Key Provisions

The Migration Agents Regulations 1998, under clause 3 of Schedule 1, empower the Migration Agents Registration Authority (the 'Authority') to specify, via a notice published on its website, approved activities for the purposes of Continuing Professional Development (CPD) for registered migration agents. These activities, which must be completed to qualify for re-registration under section 290A of the Migration Act 1958, must have a value of at least 10 points. This notice outlines the approved activities that involve attendance at seminars, workshops, conferences, or lectures. It revokes the previous notice, titled Migration Agents (Continuing Professional Development – Attendance at a Seminar, Workshop, Conference or Lecture) MARA Notice MN14-09c of 2009, and introduces a new set of activities for CPD. The regulations impose specific obligations on registered migration agents, requiring them to complete approved CPD activities to maintain their registration. These activities must be undertaken to ensure the agents remain current with professional standards and legal requirements in the field of migration. The Authority specifies the types of activities that qualify as CPD, and agents must ensure they participate in these approved events. The notice itself is of a minor or machinery nature, meaning it does not substantially alter existing arrangements but rather updates the list of approved activities. Failure to comply with the CPD requirements can result in civil or criminal consequences. Under section 290A of the Migration Act 1958, failure to complete the required CPD activities can lead to the refusal of re-registration. This means that migration agents who do not meet the CPD requirements will be unable to renew their registration, effectively preventing them from practising. The maximum penalty for non-compliance is not explicitly stated in the explanatory statement, but it would be in accordance with the penalties outlined in the Migration Act 1958. This could include fines and, in severe cases, imprisonment.