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 MN26-06c of 2006, signed on 29/06/2006, 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….
Item
310319, 310320, 310321, 310322
7. The activities which have been withdrawn are….
Item
310001
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4 of Schedule 1 of the Migration Agents Regulations 1998, ensures that agents can still claim activities that have been withdrawn by this instrument, provided that they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.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 provide a regulatory framework for migration agents in Australia, ensuring they meet certain professional standards. This framework includes a requirement for registered migration agents to undertake Continuing Professional Development (CPD) activities to maintain their registration. The problem this legislation addresses is the need for ongoing education and training to ensure that migration agents remain knowledgeable about changes in migration laws and practices. This is crucial for maintaining the integrity and effectiveness of the migration services provided to clients. The Authority responsible for overseeing this process is the Migration Agents Registration Authority (the 'Authority'), which has the power to specify approved CPD activities under clause 3 of Schedule 1 of the Regulations. The policy objective is to ensure that migration agents maintain a high standard of professional competence and ethical conduct, thereby protecting the interests of clients and the public.
Scope and Application
The Migration Agents Regulations 1998, specifically the instrument detailed in F2006L02542, concerns the activities approved for the Continuing Professional Development (CPD) of registered migration agents in Australia. This regulation applies to all registered migration agents who must complete approved CPD activities to re-register under section 290A of the Migration Act 1958. The instrument identifies activities such as attendance at seminars, workshops, conferences, and lectures as approved for CPD, specifying new activities and revoking the previous list. These regulations are set at the Commonwealth level and cover activities undertaken nationwide. The instrument operates retrospectively from 1 April 1998, ensuring that agents can claim credit for activities completed within the 12 months prior to their application for repeat registration, thereby avoiding any disadvantage. The instrument itself is of a minor nature, does not substantially alter existing CPD arrangements, and does not require consultation as it does not introduce major changes.
Key Provisions
The main provisions of the Migration Agents Regulations 1998 (F2006L02542) involve the specification of approved activities for Continuing Professional Development (CPD) for registered migration agents, as stipulated in clause 3 of Schedule 1. These activities must be completed to meet the re-registration requirements under section 290A of the Migration Act 1958. Specifically, clause 3 allows the Migration Agents Registration Authority (the 'Authority') to designate certain professional development activities through a notice on its website. These activities include attendance at seminars, workshops, conferences, or lectures. The regulations require all registered migration agents to complete activities that are valued at a minimum of 10 points to be eligible for re-registration.
The obligations imposed by these regulations on registered migration agents are straightforward: they must participate in approved CPD activities. These activities, once approved by the Authority, must be completed to satisfy the CPD requirements stipulated in the regulations. It is essential for agents to ensure that the activities they undertake are listed and approved by the Authority, as outlined in the notice published on the Authority's website. The notice specifies which activities qualify for CPD points, thereby guiding agents on what they need to complete to remain compliant with the re-registration requirements.
Failure to comply with the CPD requirements set out in the regulations can result in civil or criminal consequences. The specific penalties for non-compliance are not detailed in the explanatory statement, but it is known that breaches of the Migration Act 1958, which underpins the regulations, can result in substantial fines and imprisonment. The maximum penalties for such breaches can vary depending on the nature and severity of the offence. It is crucial for registered migration agents to adhere to the CPD requirements to avoid potential legal repercussions. The retrospective nature of the notice ensures that agents are not disadvantaged if they complete approved activities before the notice is registered, thereby maintaining fairness and continuity in the CPD process.