Overview

The Migration Agents Regulations 1998 were enacted to regulate the professional conduct and Continuing Professional Development (CPD) of migration agents in Australia. This legislation was introduced to address the need for ensuring that migration agents maintain and enhance their professional competence, thereby upholding the integrity and efficiency of the migration system. The enacting body was the Australian Parliament, with the policy objective of ensuring that migration agents are well-informed and skilled in their practice. The explanatory statement clarifies that the instrument specifies activities for CPD, such as attending seminars, workshops, conferences, or lectures, which are essential for registered migration agents to maintain their registration. This notice, effective from 1 April 1998, updates the approved CPD activities, revokes previous listings, and introduces new activities to reflect current professional standards and practices. Importantly, the retrospective application ensures that agents can still benefit from CPD activities undertaken prior to the notice's publication, thereby maintaining fairness and continuity in the regulatory framework.

Scope and Application

The Explanatory Statement for F2007L04143 outlines the framework for approved activities related to Continuing Professional Development for registered migration agents under the Migration Agents Regulations 1998. This instrument applies specifically to all registered migration agents who must complete activities that have a value of at least 10 points in order to re-register under the Migration Act 1958. These activities are designed to ensure that agents maintain a certain level of professional competency and knowledge in their field. The instrument operates under the authority granted to the Migration Agents Registration Authority to specify approved activities on their website, thereby directly influencing the professional development landscape for these agents. The geographic and jurisdictional reach of this instrument is national, as it pertains to the Commonwealth’s regulation of migration agents across Australia. The instrument specifies new activities involving attendance at seminars, workshops, conferences, or lectures, which are approved for the purposes of Continuing Professional Development. It revokes the previous notice regarding approved activities and alters the list of approved activities, without substantially altering existing arrangements. Importantly, the retrospective application of this notice ensures that agents can claim credit for activities completed within the 12 months prior to applying for repeat registration, thereby maintaining fairness and avoiding any disadvantage to the agents or the Commonwealth.

Key Provisions

The main operative sections of this Notice pertain to the specification of approved activities for Continuing Professional Development (CPD) for registered migration agents, which are outlined in Schedule 1 of the Migration Agents Regulations 1998 (subsection 3). These activities, which are listed in the Schedule, must be completed by registered agents to satisfy the CPD requirements necessary for re-registration under section 290A of the Migration Act 1958. The Notice also revokes the previous notice, MN39-07c of 2007, and specifies a new set of activities that are approved for CPD purposes (subsection 4). The instrument is considered minor and does not substantially alter existing arrangements for CPD (subsection 5). Instead, it updates the activities to ensure that they remain relevant and valuable for the professional development of migration agents. The Notice imposes obligations on registered migration agents to ensure that they complete the approved activities listed in the Schedule to maintain their registration status. These activities must be undertaken to gain a minimum of 10 points to fulfil the CPD requirements. The activities must be completed within the specified timeframe to ensure that the agents can re-register without any issues. The Authority is responsible for specifying these activities and ensuring that they are up to date and relevant to the profession. The agents must also ensure that they claim credit for any CPD activities completed within the 12 months prior to applying for repeat registration, as specified in clause 4 of Schedule 1 of the Regulations. Failure to comply with the requirements of the Notice may result in civil or criminal consequences for the agents. The Notice specifies that the retrospective nature of the instrument does not disadvantage migration agents, as they 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 (subsection 10). However, failure to complete the required CPD activities may result in the agents being unable to re-register, which could result in their inability to practise as a migration agent. The Notice does not specify any maximum penalties for breach of its provisions, but it is likely that any such breaches would be subject to the penalties specified in the Migration Act 1958 or the Migration Agents Regulations 1998.