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 MN19-06c of 2006, signed on 10/05/2006, 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….
Items
310300, 310301, 310302, 310303, 310304, 310305, 310306, 310307, 310308, 310309, 310310, 310311, 310312, 310313, 310314, 310315, 310316, 310317, 310318
7. The activities which have been withdrawn are….
310029
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 were enacted to ensure that migration agents maintain their professional competence and adhere to continuing professional development (CPD) requirements. This legislative instrument is overseen by the Migration Agents Registration Authority (the 'Authority'), which specifies approved activities for CPD purposes. The purpose of this particular notice is to detail activities involving attendance at seminars, workshops, conferences, or lectures that are approved for CPD for registered migration agents. It revokes the previous notice, Migration Agents (Continuing Professional Development – Attendance at a Seminar, Workshop, Conference or Lecture) MARA Notice MN19-06c of 2006, and introduces a new set of approved activities while ensuring that the changes are minor and do not substantially alter existing arrangements. The notice is effective as of 1 April 1998, enabling agents to claim credit for CPD activities completed within the 12 months prior to applying for repeat registration. This retrospectivity ensures that agents are not disadvantaged and that the Commonwealth remains neutral in the process.
Scope and Application
The Explanatory Statement outlines the legislative scope and application of the Migration Agents Regulations 1998, particularly concerning Continuing Professional Development (CPD) for registered migration agents. This instrument, made under the authority granted by clause 3 of Schedule 1 to the Regulations, specifies approved CPD activities for registered migration agents, which are mandatory for their re-registration under section 290A of the Migration Act 1958. The approved activities primarily involve attendance at seminars, workshops, conferences, or lectures, and they must have a value of at least 10 points to be recognised for CPD purposes. The instrument revokes an earlier notice from 2006 and introduces new activities, while maintaining the existing framework for CPD. It does not require consultation due to its minor nature. The retrospective effect of the instrument ensures that migration agents can claim CPD points for activities completed within 12 months prior to applying for repeat registration, without any disadvantage to agents or the Commonwealth.
Key Provisions
The main operative sections of the Migration Agents Regulations 1998, as amended by the Explanatory Statement, pertain to the activities approved for Continuing Professional Development (CPD) for registered migration agents. Section 3 of Schedule 1 allows the Migration Agents Registration Authority (the 'Authority') to specify, via a notice on its website, approved CPD activities. These activities must have a value of at least 10 points for agents to re-register under section 290A of the Migration Act 1958 (section 3). The notice specifies that attendance at seminars, workshops, conferences, or lectures are approved CPD activities (clause 3). It revokes the previous notice, MARA Notice MN19-06c of 2006, and introduces a new set of approved activities, as outlined in the Schedule.
The Act imposes several obligations on registered migration agents. Firstly, they must ensure they complete at least 10 points of CPD activities approved by the Authority to maintain their registration. This is a crucial requirement for re-registration under section 290A of the Migration Act 1958. Secondly, agents must attend seminars, workshops, conferences, or lectures that are listed as approved CPD activities in the notice. This requirement ensures that agents remain updated with the latest migration laws and practices.
In terms of offences, penalties, or consequences for non-compliance, section 290A of the Migration Act 1958 provides that failure to complete the required CPD activities may result in the agent being unable to re-register. This could lead to the cessation of their professional practice as a migration agent. The Explanatory Statement clarifies that the retrospective nature of the notice does not disadvantage migration agents, as they can still claim activities withdrawn by this instrument, provided they are completed before the notice is registered on the Federal Register of Legislative Instruments (clause 4). However, the exact penalties for failing to meet the CPD requirements are not specified in the Act or the Explanatory Statement.