Overview

The Migration Agents Regulations 1998, as amended by the instrument F2005L01516, were enacted to address the need for a clear framework governing the Continuing Professional Development (CPD) activities of registered migration agents in Australia. This instrument, made under clause 3 of Schedule 1 of the Regulations, allows the Migration Agents Registration Authority (the 'Authority') to specify approved CPD activities through notices published on its website. The primary objective of this instrument is to replace the previous notice concerning approved attendance at seminars, workshops, conferences, or lectures with a new set of activities, thereby ensuring that migration agents can continue to accrue CPD points effectively. The instrument also necessitates retrospective application to ensure that agents who participated in activities under the previous notice are not disadvantaged, maintaining the integrity and continuity of their CPD requirements.

Scope and Application

The Migration Agents Regulations 1998, as amended by the instrument F2005L01516, applies to registered migration agents who are mandated to engage in Continuing Professional Development (CPD) to maintain their registration. This legislation specifies the activities that are approved for CPD purposes, including attendance at seminars, workshops, conferences, and lectures. The Authority, through this notice, identifies and assigns points to these activities, distinguishing between core and elective activities. The instrument revokes a previous notice, MN20 - 05 of 2005, and replaces it with a new schedule detailing the approved activities, their providers, their status, and the number of points associated with each activity. The instrument is of minor nature and does not substantially alter existing CPD arrangements for registered migration agents. It is applicable retrospectively to ensure that individuals who completed approved activities under the previous notice are not disadvantaged, thus maintaining the integrity of the CPD requirements under section 290A of the Migration Act 1958. The retrospective application ensures that the transition from the old notice to the new one does not disadvantage practitioners who engaged in CPD activities before the new schedule was implemented.

Key Provisions

The main operative sections of the Migration Agents Regulations 1998, as amended by this Notice, pertain to the specification of approved activities for Continuing Professional Development (CPD) for registered migration agents. Specifically, section 290A of the Migration Act 1958 mandates that registered migration agents must engage in CPD activities, and the Regulations allow the Migration Agents Registration Authority (the 'Authority') to specify these activities through notices published on its website. Clause 3 of Schedule 1 to the Regulations provides the framework for such specifications, allowing the Authority to detail the name of the activity, the provider (if applicable), whether the activity is a core or elective activity, and the number of points assigned to each activity. This Notice (F2005L01516) updates the list of approved CPD activities by revoking the previous notice (MN20-05 of 2005) and introducing new activities as outlined in the attached Schedule. The Notice imposes several obligations and requirements on registered migration agents. Primarily, these agents must ensure that their CPD activities are approved by the Authority and are correctly recorded and reported. The activities must fall within the categories specified in the Notice, which are intended to maintain and enhance the professional skills and knowledge of migration agents. Additionally, migration agents are required to accumulate a specific number of CPD points over a set period, with different activities contributing varying numbers of points based on their complexity and relevance. The Authority’s role includes overseeing the CPD activities, maintaining an up-to-date list of approved activities, and ensuring that agents comply with the CPD requirements. Failure to comply with the CPD requirements set out in the Notice may lead to civil or criminal consequences. While the Notice does not explicitly detail specific penalties, breaches of the CPD requirements could result in actions taken against the registration of a migration agent under section 290A of the Migration Act 1958. This could include suspension or revocation of registration, which are severe penalties that could effectively bar an individual from practising as a migration agent. The Notice also addresses the issue of retrospectivity, ensuring that individuals who completed approved activities under previous notices are not disadvantaged by the changes, thus maintaining fairness and continuity in the CPD requirements. The Notice is of a minor or machinery nature, as it primarily updates and refines the list of approved CPD activities without substantially altering the existing framework. This type of instrument allows for the revocation of outdated notices and the introduction of new activities, ensuring that the CPD requirements remain current and relevant. By specifying that the instrument requires retrospective application, it ensures that agents who participated in approved activities under previous notices are not disadvantaged by the changes, thereby upholding the integrity of the CPD process.