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 MN18-07c of 2007, signed on 30/04/2007, 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….
Item
310376, 310377
7. The activities which have been withdrawn are….
Item
310144, 310169, 310172, 310175, 310178, 310179, 310180, 330015, 330016
8. The activities which have altered are:
Item
310145, 310146, 310155
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, enacted by the Parliament of Australia, were introduced to regulate the professional conduct and continuing education of migration agents in order to ensure high standards of service to clients. This legislative framework aims to maintain the integrity and reliability of migration services by requiring registered agents to complete approved activities for Continuing Professional Development (CPD). The explanatory statement for F2007L02313 indicates that this specific instrument updates the list of approved CPD activities, specifically those involving attendance at seminars, workshops, conferences, or lectures. The Authority specified new activities, revoked old ones, and altered some existing activities to better reflect current industry standards and practices. This minor adjustment ensures that migration agents are aware of the most relevant and up-to-date professional development opportunities, thereby maintaining the high standards expected in their field. The instrument's retrospective application ensures that agents who completed eligible activities prior to the notice's publication can still claim credit for them, thereby avoiding any disadvantage.
Scope and Application
The Migration Agents Regulations 1998, as amended by this instrument, apply to all registered migration agents who are required to complete approved activities for Continuing Professional Development (CPD) to re-register under the Migration Act 1958. These regulations mandate that agents complete activities that have a value of at least 10 points. The scope of the regulations is national, covering the entire Commonwealth of Australia, and they do not differentiate between states or territories. This instrument specifies new approved activities, revoking the previous notice and replacing it with updated activities, which are applicable to all registered migration agents. The changes made by this instrument do not substantially alter existing arrangements for CPD, but instead refine and update the list of approved activities.
Exclusions from these regulations are minimal, as they apply broadly to all registered migration agents in Australia. However, activities not listed in the updated notice are not approved for CPD purposes. The instrument also includes a retrospective application, allowing agents to claim credit for activities completed within 12 months before the notice was registered on the Federal Register of Legislative Instruments, ensuring that agents are not disadvantaged by the changes. The instrument does not require consultation as it is considered minor or machinery in nature, and it does not confer substantial new rights or obligations on registered migration agents.
Key Provisions
The Migration Agents Regulations 1998 (Regulations) are fundamental in governing the activities of migration agents in Australia, ensuring they maintain and enhance their professional capabilities. Section 3 of Schedule 1 allows the Migration Agents Registration Authority (the Authority) to specify approved activities for Continuing Professional Development (CPD) via notices published on its website. Registered migration agents must complete approved CPD activities worth at least 10 points to re-register under section 290A of the Migration Act 1958. This legislative framework ensures that agents remain updated on the latest migration laws and practices.
Under these Regulations, migration agents are obligated to engage in specified CPD activities to maintain their registration. These activities, which include attending seminars, workshops, conferences, or lectures, are crucial for ensuring that agents have the necessary knowledge and skills to effectively assist clients. The Authority's role is to specify which activities are approved, thereby setting the standards for professional development in the field of migration. The agents must ensure they complete these activities within the stipulated period to avoid losing their registration.
Failure to comply with the CPD requirements can lead to significant consequences. If a migration agent does not complete the required CPD activities, they may be unable to re-register, which would result in the loss of their professional status. This not only affects their ability to practise but also impacts their clients who depend on their expertise. The legislative framework is designed to ensure that all migration agents meet the required professional standards, thereby protecting both the agents and the clients they serve.
The Regulations also specify penalties and consequences for non-compliance. Although the specific penalties are not detailed in the explanatory statement, it is clear that non-compliance with CPD requirements can lead to severe repercussions, including the inability to maintain registration. This underscores the importance of adhering to the CPD obligations. The Authority's oversight ensures that agents are held to high professional standards, maintaining the integrity of the migration services provided in Australia.