Overview

The Migration Agents Regulations 1998 were enacted to provide a framework for the regulation of migration agents in Australia. The purpose of this particular instrument, F2008L02942, is to specify approved activities involving attendance at seminars, workshops, conferences, or lectures that are recognised for Continuing Professional Development (CPD) purposes for registered migration agents. This instrument was created under clause 3 of Schedule 1 of the Regulations and published by the Migration Agents Registration Authority (the 'Authority'). The policy objective is to ensure that migration agents maintain and enhance their professional skills and knowledge through ongoing education and training, thus maintaining high standards of service and compliance with migration laws. The instrument revokes a previous notice and introduces new activities, effectively updating the list of approved CPD activities without significantly altering existing arrangements. This ensures that migration agents can claim credit for relevant activities undertaken prior to the publication of the updated notice.

Scope and Application

The Migration Agents Regulations 1998, under clause 3 of Schedule 1, empowers the Migration Agents Registration Authority to specify, by notice published on its website, approved activities for the purposes of Continuing Professional Development (CPD) for registered migration agents. These regulations apply to all registered migration agents who are required to complete approved CPD activities with a minimum value of 10 points to re-register under section 290A of the Migration Act 1958. The explanatory statement pertains specifically to activities involving attendance at seminars, workshops, conferences, or lectures, which are approved for CPD. This instrument revokes the previous listing of approved activities and introduces a new set of activities, while ensuring that agents can claim credit for activities completed within 12 months prior to applying for repeat registration. The retrospective application of this notice does not disadvantage migration agents as clause 4 of Schedule 1 of the Regulations allows agents to claim activities withdrawn by this instrument, provided they are completed before the instrument is registered on the Federal Register of Legislative Instruments. The instrument does not substantially alter existing CPD arrangements and is of a minor or machinery nature.

Key Provisions

The Migration Agents Regulations 1998, as detailed in this Explanatory Statement, specify activities for Continuing Professional Development (CPD) for registered migration agents (section 290A of the Migration Act 1958). According to clause 3 of Schedule 1, the Migration Agents Registration Authority (the 'Authority') has the power to specify approved activities for CPD through notices published on its website. This notice (F2008L02942) revokes the previous notice MN27-08c of 2008 and introduces a new set of activities that migration agents must complete to re-register. These activities primarily involve attendance at seminars, workshops, conferences, or lectures and are assigned point values to ensure they meet the required CPD standards. The obligations imposed by this legislation on registered migration agents are clear and specific. They must complete CPD activities that have a value of at least 10 points to qualify for re-registration. These activities must be approved by the Authority and listed in the updated notice. The notice specifies which activities are approved and assigns them point values. Agents are required to ensure that any CPD activities they undertake are listed in the current notice to meet the re-registration requirements. The notice also includes provisions for the retrospective application of the CPD activities, allowing agents to claim credit for activities completed within the 12 months prior to applying for repeat registration. Failure to comply with the CPD requirements can have significant consequences. While the notice does not explicitly state penalties for non-compliance, the Migration Act 1958 provides for various penalties for breaches of the Act and its regulations. Non-compliance with CPD requirements could potentially lead to difficulties in re-registering as a migration agent, which in turn might result in the inability to practice as a migration agent. Additionally, serious breaches of the Act might lead to civil or criminal penalties as prescribed by the Act, including fines and imprisonment. The notice is of a minor or machinery nature, meaning it does not substantially alter existing arrangements for CPD but merely updates the list of approved activities. Given this nature, the Authority did not require consultation before publishing the notice. The retrospective application ensures that agents who completed eligible activities before the notice was published are not disadvantaged. Clause 4 of Schedule 1 of the Migration Agents Regulations 1998 supports this by allowing agents to claim credit for activities that have been withdrawn by this instrument, provided they are completed before the instrument is registered on the Federal Register of Legislative Instruments.