Overview

The Migration Agents Regulations 1998 were enacted to regulate the professional conduct and continuous professional development of migration agents in Australia, addressing a need to maintain high standards within the migration industry. This legislation is administered by the Migration Agents Registration Authority (the 'Authority') and is intended to ensure that registered migration agents maintain their professional competence and integrity. The explanatory statement accompanying this instrument clarifies that it serves to update the list of approved activities for Continuing Professional Development, which are necessary for agents to re-register under the Migration Act 1958. This update specifies new activities and revokes previous ones, without substantially altering existing arrangements. The instrument, being minor and machinery in nature, does not require consultation and is effective retrospectively to ensure that agents can claim credit for activities completed prior to the notice's publication, without any disadvantage to either the agents or the Commonwealth.

Scope and Application

The Migration Agents Regulations 1998, as amended, govern the Continuing Professional Development (CPD) activities that registered migration agents must complete to maintain their registration. This legislation applies to all registered migration agents who must engage in approved CPD activities to re-register under section 290A of the Migration Act 1958. These activities include attendance at seminars, workshops, conferences, or lectures, as specified by the Migration Agents Registration Authority (the Authority). The geographic reach of these regulations is national, applying across Australia, and the Authority extends or restricts application through subordinate instruments, such as notices published on its website. The Act includes exclusions and exemptions as necessary to refine the scope of CPD activities, ensuring that agents remain updated in their professional knowledge and skills. The retrospective nature of the regulations ensures that agents are not disadvantaged if they complete approved activities prior to the publication of the notice, provided these activities meet the criteria outlined in the Regulations.

Key Provisions

The Migration Agents Regulations 1998, as amended by this notice, set out specific activities that count towards the Continuing Professional Development (CPD) requirements for migration agents (paragraphs 2-4). This notice, published under clause 3 of Schedule 1 to the Regulations, replaces the previous notice MN31-08c of 2008 and lists new activities approved for CPD purposes. This instrument is of a minor nature, meaning it does not significantly alter the existing CPD framework for registered migration agents (paragraph 5). It confers points on new activities listed in the schedule, revokes previous approved activities, and modifies others. Registered migration agents are required to complete approved CPD activities, earning a minimum of 10 points to re-register under section 290A of the Migration Act 1958 (paragraph 2). These activities must be listed in the notice published by the Migration Agents Registration Authority (the 'Authority') on its website (paragraph 2). The new notice lists specific seminars, workshops, conferences, and lectures that are approved for CPD (paragraph 6). Registered agents must ensure they participate in these activities to meet their CPD obligations. Failure to comply with the CPD requirements can result in the inability to re-register as a migration agent, effectively barring the agent from practising (section 290A of the Migration Act 1958). There are no specific offences, penalties, or civil/criminal consequences mentioned in this notice. However, the authority has the power to impose sanctions under the Migration Agents Regulations 1998 for non-compliance with CPD requirements (paragraph 5). This could include fines or other administrative penalties, as determined by the Authority. The retrospective effect of this notice ensures that agents can claim CPD points for activities completed within 12 months prior to applying for re-registration, provided they are listed in the notice before it is registered on the Federal Register of Legislative Instruments (paragraphs 9 and 10).