Overview

The Migration Agents Regulations 1998, enacted to regulate the professional conduct and Continuing Professional Development (CPD) of registered migration agents, was introduced to ensure that migration agents maintain and improve their professional skills and knowledge. This Act was established under the authority of the Parliament of Australia and aims to uphold high standards of professional conduct among migration agents. The Act allows the Migration Agents Registration Authority (the 'Authority') to specify, by notice published on its website, approved activities for the purposes of CPD. Specifically, this legislation enables the Authority to set out the activities that registered migration agents must complete to re-register, ensuring they remain current in their field. The explanatory statement clarifies that this instrument specifies activities such as attending seminars, workshops, conferences, or lectures that are approved for CPD, and it revokes a previous notice while introducing a new set of activities. This update ensures that registered migration agents are aware of the latest approved activities for their professional development.

Scope and Application

The Migration Agents Regulations 1998 governs the continuing professional development (CPD) requirements for registered migration agents in Australia. This regulation applies to all registered migration agents who must complete approved CPD activities to maintain their registration under the Migration Act 1958. The activities are specified by the Migration Agents Registration Authority (the 'Authority') and must have a value of at least 10 points to be eligible for re-registration. The CPD activities include attendance at seminars, workshops, conferences, or lectures, and are outlined in the instrument, which lists the approved activities, replaces previously approved activities, and revokes any superseded notices. The instrument is effective as of 1 April 1998, allowing agents to claim credit for activities completed within the 12 months prior to applying for repeat registration. The retrospective nature of the notice does not disadvantage agents or the Commonwealth, as they can still claim withdrawn activities if undertaken before the instrument is registered on the Federal Register of Legislative Instruments.

Key Provisions

The Migration Agents Regulations 1998, as amended by the Explanatory Statement F2006L01519, outlines the approved activities for Continuing Professional Development (CPD) that registered migration agents must complete to re-register under section 290A of the Migration Act 1958 (section 2). The key provision here is the specification of activities involving attendance at seminars, workshops, conferences, or lectures, which are approved for CPD purposes (section 3). The Authority has the power to specify these activities through a notice published on its website, and it has done so by revoking the previous MARA Notice MN5-06c of 2006 and specifying new activities (section 4). This Instrument is of a minor nature and does not substantially alter existing arrangements (section 5). Instead, it simply updates the list of approved activities and revokes the old notice (section 6 and 9). The obligations under this Act are clear: all registered migration agents must complete at least 10 points of approved CPD activities to re-register (section 2). The approved activities are detailed in the Schedule of the Instrument and include a variety of seminars, workshops, conferences, and lectures (section 6). The Authority has the discretion to specify these activities, and its decisions are binding on all registered migration agents (section 3). Agents must ensure they complete the required CPD activities to maintain their registration and continue practising legally in Australia. There are no specific offences, penalties, or civil/criminal consequences mentioned in the Explanatory Statement for failing to complete the required CPD activities. However, not completing the required CPD activities would likely result in an agent being unable to re-register under section 290A of the Migration Act 1958, effectively prohibiting them from practising as a migration agent in Australia. The consequences of not maintaining registration would be the inability to provide services to clients, which could have significant legal and financial implications for both the agent and their clients. The retrospective nature of the notice ensures that agents are not disadvantaged if they complete any of the CPD activities listed in the notice before it is published (section 9 and 10).