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 MN29-07c of 2007, signed on 19/07/2007, 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
310378, 310379, 310380, 310381, 310382, 310383, 320051, 320052, 320053, 320054, 320055, 320056
7. The activities which have been withdrawn are….
NIL
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4 of Schedule 1 of the Migration Agents Regulations 1998, ensures that agents can still claim activities that have been withdrawn by this instrument, provided that they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.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, enacted by the Parliament of Australia, address the need for ongoing professional development among migration agents to ensure they maintain high standards of practice and stay updated with the latest changes in migration laws and policies. The explanatory statement for the notice specifies approved activities for Continuing Professional Development (CPD), such as attending seminars, workshops, conferences, or lectures. These activities are crucial for registered migration agents to complete in order to re-register under section 290A of the Migration Act 1958, with each approved activity assigned a minimum value of 10 points. This notice, issued under clause 3 of Schedule 1 of the Regulations by the Migration Agents Registration Authority (the 'Authority'), aims to update and specify new approved CPD activities while revoking the previous notice, MN29-07c of 2007. Importantly, the notice operates retrospectively to allow agents to claim credit for CPD activities completed within the 12 months prior to their application for repeat registration, ensuring they are not disadvantaged.
Scope and Application
The Migration Agents Regulations 1998, under the Migration Act 1958, apply to registered migration agents in Australia who must complete approved activities for Continuing Professional Development (CPD) to re-register. These approved CPD activities, specified by the Migration Agents Registration Authority (the 'Authority'), include attendance at seminars, workshops, conferences, and lectures. The explanatory statement outlines a notice made under clause 3 of Schedule 1 of the Regulations, specifying new activities for CPD purposes and revoking a previous notice. This minor instrument confers points on new activities, does not alter existing arrangements substantially, and is effective retrospectively to allow agents to claim credit for activities completed within the 12 months prior to applying for repeat registration. The Authority ensures that neither the agents nor the Commonwealth are disadvantaged by this retrospectivity, as long as activities are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.
Key Provisions
The Migration Agents Regulations 1998, under clause 3 of Schedule 1, empower the Migration Agents Registration Authority (the 'Authority') to specify, by notice on its website, activities approved for Continuing Professional Development (CPD) purposes (paragraphs 2-3). These approved activities, which must be completed by registered migration agents to re-register, carry a value of at least 10 points as per section 290A of the Migration Act 1958. The current Instrument specifies activities such as attending seminars, workshops, conferences, or lectures that are approved for CPD (paragraph 4). This notice revokes the previous MARA Notice MN29-07c of 2007 and introduces new activities (paragraph 5). Importantly, it does not substantially alter existing arrangements and is considered of a minor or machinery nature, meaning consultation is not required (paragraph 5).
Registered migration agents must engage in the approved CPD activities specified by the Authority (paragraph 2). These activities are intended to ensure that agents maintain and improve their professional skills and knowledge. To re-register, agents must complete activities that have a value of at least 10 points (section 290A, Migration Act 1958). The approved activities include attendance at various professional development events such as seminars, workshops, conferences, and lectures (paragraph 4). The Authority determines the value of these activities and lists them on its website, making it the responsibility of the agents to ensure they participate in the correct activities.
Breach of the requirements to complete approved CPD activities could lead to difficulties in re-registering as a migration agent. Although the explanatory statement does not specify detailed penalties or consequences for non-compliance, failure to complete the required CPD could result in not meeting the re-registration criteria under section 290A of the Migration Act 1958. This could potentially lead to deregistration, preventing the agent from legally practising as a migration agent. It is important for agents to adhere to these CPD requirements to maintain their registration status and continue practising in their profession.