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 website, approved activities for the purposes of Continuing Professional Development for registered migration agents. The notice may include in relation to each activity: the name of the activity; the provider (if any) of the activity; whether the activity is a core activity or an elective activity; and the number of points for each activity.
3. The purpose of the Instrument is to specify approved Attendance at a Seminar, Workshop, Conference or Lecture for the purposes of Continuing Professional Development for Registered Migration Agents.
4. The instrument will revoke the notice entitled Migration Agents (Continuing Professional Development – Attendance at a Seminar, Workshop, Conference or Lecture) MARA Notice MN16 - 05 of 2005, published on; 14/04/2005, and specify a new set of material described in columns 2 and 3 of an item as set out in the attached Schedule.
5. These new activities are approved activities for the purposes of clause 3 of Schedule 1 to the Regulations. They are approved activities for the purposes of Continuing Professional Development for Registered Migration Agents with the status specified in column 4; and having the value specified in column 5.
6. 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. The instrument 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 under these circumstances is not required.
7. The instrument revokes a previously published notice however the new notice must be approved effective on 1 April 1998. Accordingly the instrument requires retrospective application.
8. The instrument requires retrospectivity because it includes activities approved in previous notices which have now been revoked (see clause 1 of the Instrument).
9. Unless retrospectivity is granted, that is the Notice is effective from 1 April 1998, individuals who have completed activities under previous notices (now revoked) will be disadvantaged as the activities undertaken before the instrument is registered will have the effect of no longer being approved activities. Therefore individuals who completed an approved activity at the time of undertaking the activity will be unable to rely on these points for continuing professional development – required under section 290A of the Migration Act 1958.
10. The Commonwealth is neither advantaged nor disadvantaged by the retrospectivity.
Overview
The Migration Agents Regulations 1998 were enacted to establish a regulatory framework for migration agents in Australia, ensuring that they meet professional standards and undertake continuing professional development (CPD). This regulation was introduced to address the need for a formal system to accredit CPD activities for migration agents, thereby ensuring that they remain knowledgeable and skilled in their field. The Migration Agents Registration Authority (the Authority) was established under the Migration Act 1958 to administer these regulations. The primary policy objective of the 1998 Regulations is to enhance the competency and ethical standards of migration agents, thereby protecting the interests of clients and maintaining the integrity of Australia's migration system. The Authority has the power to specify approved CPD activities through notices published on its website, as outlined in clause 3 of Schedule 1 of the Regulations.
Scope and Application
The Migration Agents Regulations 1998, as amended by the notice made under clause 3 of Schedule 1, applies to registered migration agents in Australia who are required to undertake continuing professional development to maintain their registration. This notice specifies approved activities for continuing professional development, including attendance at seminars, workshops, conferences, or lectures. These approved activities are designated as either core or elective, each assigned a specific number of points that contribute to the required continuing professional development hours. The notice also revokes the previous notice, MN16-05 of 2005, and replaces it with a new set of approved activities listed in the attached schedule. This instrument does not require consultation as it does not substantially alter existing arrangements. Importantly, the instrument applies retrospectively to ensure that individuals who completed approved activities under the previous notice are not disadvantaged, as the activities undertaken before the instrument was registered should still count towards their continuing professional development requirements. This retrospective application ensures that the new notice is effective from 1 April 1998, aligning with the original commencement date of the Migration Agents Regulations 1998.
Key Provisions
The main provisions of the Migration Agents Regulations 1998, as detailed in the explanatory statement, concern the specification of approved activities for Continuing Professional Development (CPD) for registered migration agents. Under section 3 of Schedule 1 to the Regulations, the Migration Agents Registration Authority (the 'Authority') can specify these approved activities via notices published on its website. Each notice must include the name of the activity, the provider (if applicable), whether the activity is a core or elective one, and the number of points assigned to each activity. The primary objective of this legislation is to outline approved attendance at seminars, workshops, conferences, or lectures for CPD purposes.
The obligations imposed by this Act require registered migration agents to engage in approved CPD activities as specified by the Authority. These activities must be undertaken to maintain their registration and ensure they remain competent in their practice. The approved activities must be completed to the standards and within the parameters set out by the Authority, and the agents must keep accurate records of their participation to demonstrate compliance with the CPD requirements.
In terms of breaches and penalties, the explanatory statement does not specify any particular offences or penalties for non-compliance with the CPD requirements. However, failure to engage in the approved CPD activities can lead to non-compliance with the Migration Act 1958, potentially resulting in disciplinary action, including the suspension or cancellation of the migration agent's registration. This could severely impact their ability to practice as a migration agent in Australia. It is important for agents to ensure they are participating in approved activities and maintaining their CPD points as required by the Regulations.