Overview

The Migration Agents Regulations 1998 were enacted to establish a regulatory framework for migration agents in Australia, ensuring that those providing services in the field of migration and related areas are properly qualified and maintain their professional standards. This regulatory framework is essential for maintaining the integrity and reliability of the migration services industry, addressing the need for oversight and quality assurance in the sector. Clause 3 of Schedule 1 of the Regulations empowers the Migration Agents Registration Authority to specify approved activities for Continuing Professional Development (CPD), which is a mandatory requirement for registered migration agents to maintain their registration. The Explanatory Statement for F2006L03333 outlines a notice made under this clause, specifying new approved activities for CPD, such as attending seminars, workshops, conferences, or lectures, and revoking previous listings. The policy objective is to update and refine the list of approved CPD activities, ensuring that registered migration agents have access to the most relevant and current professional development opportunities. This regulatory update aims to support the ongoing professional growth and competence of migration agents, ultimately benefiting the broader immigration system by ensuring that agents are well-informed and skilled.

Scope and Application

The F2006L03333 Notice, made under the Migration Agent Regulations 1998, specifies approved activities for Continuing Professional Development (CPD) for registered migration agents. This Notice applies to all registered migration agents in Australia, who are required to complete approved CPD activities to maintain their registration. These activities include attending seminars, workshops, conferences, or lectures, and must have a value of at least 10 points for re-registration purposes. The Notice replaces the previous MARA Notice MN36-06c of 2006 and includes a new set of approved activities while revoking the previous ones. The Commonwealth ensures that agents can claim credit for activities completed within the 12 months prior to applying for repeat registration, thereby avoiding any disadvantage to the agents or the Commonwealth. The Notice is of a minor nature, does not substantially alter existing CPD arrangements, and does not require consultation.

Key Provisions

The main operative sections of this legislation (F2006L03333) are Clause 3 of Schedule 1 to the Migration Agents Regulations 1998, which 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 (CPD) for registered migration agents. Section 290A of the Migration Act 1958 requires all registered migration agents to complete approved CPD activities with a value of at least 10 points in order to re-register. This Notice specifies activities involving attendance at seminars, workshops, conferences, or lectures that are approved for the purposes of CPD for registered migration agents. The Act imposes specific obligations on registered migration agents to complete approved CPD activities that have a value of at least 10 points to maintain their registration. It also requires the Authority to specify these approved activities through notices published on its website. Furthermore, the Act allows the Authority to revoke previously approved activities and specify new ones as necessary. The agents must ensure they complete the CPD activities specified by the Authority to meet their re-registration requirements. In terms of offences, penalties, or civil/criminal consequences for breach, the legislation does not explicitly state any specific penalties for failing to complete the required CPD activities. However, failing to meet the CPD requirements could result in the agent not being eligible for re-registration under section 290A of the Migration Act 1958. This could potentially lead to the agent losing their registration and being unable to practice as a migration agent in Australia. The retrospective nature of the notice ensures that agents who completed the activities within the 12 months prior to applying for repeat registration can still claim credit for these activities.