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 MN31-06c of 2006, signed on 1/08/2006, 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
310323, 310324, 310325, 310326, 310327, 310328, 310329, 310330, 310331, 310332, 310333, 310334, 310335, 310336, 310337, 310338 & 310339
7. The activities which have been withdrawn are….
Items
310051, 310057, 310058, 310059, 310060 & 310065
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 address the need for regulating the activities of migration agents in Australia, ensuring they maintain their professional standards and competence. This regulatory framework was introduced by the Australian Parliament to provide a structured approach for the registration and ongoing professional development of migration agents. The Migration Agents Regulations 1998 specify the approved activities that registered migration agents must complete for Continuing Professional Development (CPD) to maintain their registration. These regulations empower the Migration Agents Registration Authority to specify activities that count towards CPD requirements, ensuring that agents remain updated with the latest industry standards and legal changes. The policy objective is to safeguard the integrity and professionalism of the migration agent sector, thereby protecting the interests of clients and the integrity of the Australian immigration system.
Scope and Application
The Migration Agents Regulations 1998, as amended, apply to all registered migration agents in Australia who are required to engage in Continuing Professional Development (CPD) to maintain their registration. This legislation specifies approved CPD activities that must be undertaken by these agents to fulfil their re-registration requirements under section 290A of the Migration Act 1958. The Act applies nationally across Australia, and its scope is limited to the professional development activities of registered migration agents. The explanatory statement outlines that the Act allows the Migration Agents Registration Authority to determine and publish on its website the approved CPD activities, which must be completed by migration agents to accumulate a minimum of 10 points for re-registration. The instrument is minor and does not substantially alter existing CPD arrangements but specifies new approved activities for CPD, revoking previous listings and updating the activities that confer CPD points. This notice is retrospective to ensure that migration agents can claim credit for activities completed within the 12 months prior to applying for repeat registration, without disadvantaging the agents or the Commonwealth.
Key Provisions
The Migration Agents Regulations 1998, under clause 3 of Schedule 1, empower the Migration Agents Registration Authority (the "Authority") to determine approved activities for Continuing Professional Development (CPD) for registered migration agents. These activities must be completed to re-register under section 290A of the Migration Act 1958, with each approved activity assigned a minimum value of 10 points. The explanatory statement specifies that the authority has published a notice listing activities such as attendance at seminars, workshops, conferences, and lectures that are recognised for CPD purposes. This notice replaces the previous MARA notice MN31-06c of 2006 with a new set of activities, thereby revoking the old listing and introducing updated activities. The new activities included in this notice are specified by various item numbers, while some activities from the previous notice have been withdrawn. Importantly, the instrument does not alter any existing activities but merely updates the list, and it is deemed of a minor or machinery nature, thus not requiring consultation.
The obligations imposed by the Regulations require all registered migration agents to engage in the specified CPD activities to ensure their re-registration remains valid. The Authority must also ensure that these activities are clearly defined and accessible, facilitating compliance among migration agents. The agents must accurately record their participation in these approved activities, maintaining a portfolio of evidence to demonstrate their ongoing professional development. This requirement ensures that migration agents remain knowledgeable and competent in their field, upholding the standards set by the Migration Act 1958.
Failure to complete the required CPD activities or providing false information about completed activities can lead to significant consequences. Under the Migration Act 1958, agents who do not meet the CPD requirements may face difficulties in re-registering, potentially leading to suspension or cancellation of their registration. This could impact their ability to practice as a migration agent, thereby affecting their professional careers and the services they provide to clients. Additionally, any fraudulent claims regarding completed CPD activities could result in further penalties, including fines or legal action against the offending agent. The exact penalties are not detailed in the explanatory statement but would be in line with the provisions of the Migration Act 1958 and related regulations.