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 for registered migration agents. The notice may include in relation to each activity: the name of the activity; the provider (if any) of the activity; whether the activity is a core activity or an elective activity; the number of points for each activity, and the requirements for completion of the activity.
3. The purpose of the Instrument is to specify approved Attendance at a Seminar, Workshop, Conference or Lecture for the purposes of Continuing Professional Development for Registered Migration Agents.
4. In order to be eligible to complete an activity, a participant must at the time of commencing the activity, meet the eligibility requirement specified in column 6.
5. The eligibility requirement is specified in terms of levels explained in the table under paragraph 3 of the instrument. Activities which are specified as Level 1, have no eligibility requirements, and may be commenced and completed by any participant. Activities which are specified as Level 2 or 3, require the participant, at the time of commencing the activity, to have the years of experience as a migration agent, to have completed the requisite number of approved CPD activities, or to have the Authority’s approval, as specified in the table under paragraph 3 of the instrument.
6. The instrument will revoke the notice entitled Migration Agents (Continuing Professional Development – Attendance at a Seminar, Workshop, Conference or Lecture) MARA Notice MN25c - 05 of 2005, published on 14/06/2005, and specify a new set of material described in columns 2 and 3 of an item as set out in the attached Schedule.
7. These new activities are approved activities for the purposes of clause 3 of Schedule 1 to the Regulations. They are approved activities for the purposes of Continuing Professional Development for Registered Migration Agents with the status specified in column 4; having the value specified in column 5; and having the eligibility requirement specified in column 6.
8. 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. The instrument confers points on, and sets completion requirements for, all 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 under these circumstances is not required.
9. The instrument revokes a previously published notice however the new notice must be approved effective on 1 April 1998. Accordingly the instrument requires retrospective application.
10. The instrument requires retrospectivity because it includes activities approved in previous notices which have now been revoked (see clause 1 of the Instrument).
11. Unless retrospectivity is granted, that is the Notice is effective from 1 April 1998, individuals who have completed activities under previous notices (now revoked) will be disadvantaged as the activities undertaken before the instrument is registered will have the effect of no longer being approved activities. Therefore individuals who completed an approved activity at the time of undertaking the activity will be unable to rely on these points for continuing professional development – required under section 290A of the Migration Act 1958.
12. The Commonwealth is neither advantaged nor disadvantaged by the retrospectivity.
Overview
The Migration Agents Regulations 1998, enacted by the Australian Government, introduced a framework for the professional development of migration agents to ensure they maintain high standards of competence and integrity. This legislation aimed to address the need for ongoing education and training to keep up with the complexities of migration laws and practices. The enacting body responsible for this regulation is the Migration Agents Registration Authority (the 'Authority'), which operates under the auspices of the Australian Government. The policy objective of this regulation is to ensure that migration agents engage in continuing professional development (CPD) by specifying approved activities, such as seminars, workshops, conferences, and lectures, which contribute to their professional growth. This ensures that agents are well-informed about the latest legal developments and best practices in their field.
Scope and Application
The Migration Agents Regulations 1998, as specified under F2005L02711, apply to registered migration agents who are required to engage in Continuing Professional Development (CPD) to maintain their registration. The regulations cover the activities that are approved for CPD purposes, including attendance at seminars, workshops, conferences, or lectures. These regulations apply on a Commonwealth level and pertain specifically to the professional conduct of registered migration agents. The regulations allow the Migration Agents Registration Authority to specify, through a notice on its website, the approved activities for CPD, detailing the name of each activity, the provider, whether it is a core or elective activity, the number of points awarded for each activity, and the requirements for its completion. The eligibility to undertake these activities varies; some have no requirements, while others require specific experience or prior approval from the Authority. This instrument revokes the previous notice and introduces a new set of approved activities for CPD, effective retrospectively from 1 April 1998, to ensure that activities undertaken prior to the registration of the new instrument are still recognised for CPD purposes.
Key Provisions
The Migration Agents Regulations 1998, as amended, include provisions that allow the Migration Agents Registration Authority (the 'Authority') to specify approved activities for the Continuing Professional Development (CPD) of registered migration agents. Clause 3 of Schedule 1 to the Regulations permits the Authority to publish such approved activities on its website. These activities may include seminars, workshops, conferences, or lectures, and are specified in the new notice to replace the previously revoked notice MN25c - 05 of 2005.
Each approved activity is categorised as either core or elective, and is assigned a specific number of points for CPD purposes. The notice details the provider of each activity, if applicable, and outlines the eligibility requirements necessary for participation. For example, activities classified as Level 1 have no eligibility requirements and can be undertaken by any participant. However, activities classified as Level 2 or 3 necessitate specific years of experience as a migration agent, completion of requisite approved CPD activities, or approval from the Authority.
Registered migration agents must meet certain obligations to maintain their CPD requirements. These obligations include ensuring that any CPD activities undertaken are specified in the Authority's notice and meet the eligibility requirements, if any. Failure to comply with these requirements could result in not being able to claim the CPD points for these activities, thereby potentially affecting their registration status.
Under the Regulations, breaches of CPD requirements could lead to civil or administrative penalties. For instance, failure to complete the required number of CPD points could result in the Authority refusing to renew a migration agent’s registration. The precise consequences depend on the specific regulations and conditions set out in the Migration Act 1958 and related instruments. The maximum penalties for non-compliance can include fines and, in severe cases, cancellation of registration.