Overview

The Migration Agents Regulations 1998 were enacted to establish a regulatory framework for the professional conduct of migration agents in Australia. The legislation was introduced to address the need for standardised professional development and conduct among migration agents, ensuring they are adequately informed and skilled to assist clients with their migration needs. This regulation is issued by the Australian Government under the authority granted by the Migration Act 1958. The policy objective of this regulation is to maintain high standards of professional conduct and competence among migration agents, thus protecting the interests of clients and the integrity of the migration system. This is achieved by specifying approved activities for Continuing Professional Development, which registered migration agents must complete to re-register. The explanatory statement clarifies that the regulation, while specifying new activities and revoking old ones, does not substantially alter existing arrangements and operates retrospectively to ensure fairness to agents who have completed relevant activities before the publication of the new notice.

Scope and Application

The Migration Agents Regulations 1998 provide the framework for the regulation of migration agents in Australia, with specific provisions concerning Continuing Professional Development (CPD) for registered agents. The authority to specify approved activities for CPD purposes is vested in the Migration Agents Registration Authority (the 'Authority'), which can do so by notice on its website. Under the authority granted by clause 3 of Schedule 1 to the Regulations, the Authority has issued a notice specifying new approved activities for CPD, which include attendance at seminars, workshops, conferences, or lectures, and revoking a previous notice in its entirety. This instrument is of a minor or machinery nature and does not substantially alter existing arrangements for CPD for registered migration agents; instead, it merely confers points on new activities and alters those specified as approved activities by the Authority. The approved activities listed in the notice will remain in effect until 30 November 2009, ensuring that agents can claim credit for activities undertaken before the notice is published, thus preventing any disadvantage. The retrospective nature of the notice does not disadvantage migration agents, as 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 they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.

Key Provisions

The Migration Agents Regulations 1998 (the 'Regulations') provide a framework for Continuing Professional Development (CPD) for registered migration agents, with specific activities detailed in the Explanatory Statement (paragraph 2). Section 290A of the Migration Act 1958 requires that all registered migration agents complete approved CPD activities, which must have a value of at least 10 points, in order to re-register (paragraph 2). Clause 3 of Schedule 1 of the Regulations allows the Migration Agents Registration Authority (the 'Authority') to specify these approved activities via a notice on its website. This Notice, made under clause 3 of Schedule 1, specifies new approved activities involving attendance at seminars, workshops, conferences, or lectures (paragraph 3). It revokes the previous notice, MARA Notice MN26-09c of 2009, and replaces it with a new set of activities (paragraph 4). The obligations imposed on registered migration agents include completing the specified CPD activities, which now include a range of new seminars, workshops, conferences, and lectures, as detailed in the Notice (paragraph 6). These activities are intended to ensure that migration agents maintain and enhance their professional competencies. Agents must ensure they have completed the requisite number of CPD points before applying for re-registration, with a minimum requirement of 10 points per activity (paragraph 2). The Notice also mandates that agents must be aware of the activities that have been withdrawn from approval and cannot be used to satisfy the CPD requirements (paragraph 7). Breaching the CPD requirements can have significant consequences. Failure to complete the required CPD activities can result in a migration agent being unable to re-register, effectively barring them from practising as a migration agent. The Notice is of a minor or machinery nature and does not substantially alter existing arrangements, but it is critical for compliance with re-registration requirements (paragraph 5). There are no specific penalties mentioned in the Explanatory Statement for non-compliance, but the inability to re-register would effectively prevent the agent from continuing to practice, which is a substantial consequence. The retrospective application of the Notice ensures that agents who completed certain activities within the 12 months prior to applying for re-registration can still claim these activities towards their CPD requirements (paragraph 9). This is particularly important to avoid disadvantaging agents who may have already engaged in CPD activities before the Notice was published. The Commonwealth, through the Authority, ensures that this retrospective approach does not result in any unfair advantage or disadvantage to either the agents or the Commonwealth (paragraph 10).