Overview

The Migration Agents Regulations 1998 were enacted by the Australian Parliament to regulate the professional activities of migration agents and ensure they maintain a high standard of professional competence through continuing professional development (CPD). The explanatory statement outlines a notice made under clause 3 of Schedule 1 to the Regulations, which specifies approved activities for CPD, including attendance at seminars, workshops, conferences, or lectures. The purpose of this notice is to update and replace the previously published notice MN38 – 05c of 2005 with a new set of approved activities, thereby ensuring that the requirements for CPD remain current and relevant. The eligibility requirements for participation in these activities are also specified, with different levels of experience and approval needed based on the nature of the activity. The notice requires retrospective application to avoid disadvantaging those who completed activities under the previous notice, ensuring continuity and fairness in the CPD requirements for migration agents.

Scope and Application

The Migration Agents Regulations 1998, under the explanatory statement of F2005L03193, pertains to registered migration agents in Australia and the activities they may undertake for Continuing Professional Development (CPD). The regulations allow the Migration Agents Registration Authority (the 'Authority') to specify approved activities for CPD purposes through notices published on its website. These activities include seminars, workshops, conferences, and lectures. The regulations detail eligibility requirements for participation in these activities, with different levels of experience or approval needed depending on the nature of the CPD activity. The instrument revokes previous notices and establishes a new set of approved CPD activities, requiring retrospective application to ensure that activities completed under previous notices remain valid for CPD purposes. The instrument does not substantially alter existing arrangements and does not necessitate consultation under these circumstances.

Key Provisions

The main provisions of the Explanatory Statement for the Migration Agents Regulations 1998 Notice pertain to the specification of approved activities for Continuing Professional Development (CPD) for registered migration agents. Specifically, Clause 3 of Schedule 1 of the Regulations allows the Migration Agents Registration Authority (the 'Authority') to specify, by notice published on its website, approved activities for CPD for registered migration agents. The Notice in question focuses on the approval of Attendance at a Seminar, Workshop, Conference or Lecture. The activities are specified in terms of their name, the provider (if any), whether they are core or elective activities, the number of points awarded for each activity, and the requirements for completion. Activities are categorised into different levels with varying eligibility requirements, and the Notice revokes the previous notice on approved activities. The Notice imposes several obligations and requirements on the parties it governs. Registered migration agents must ensure that they undertake approved activities as specified in the Notice to meet their CPD requirements. These activities are classified into core and elective categories, and agents must complete a requisite number of points as mandated by the Regulations. The eligibility requirements for each activity level must be met by agents before they can commence and complete an activity. For example, Level 2 and 3 activities have specific prerequisites, such as years of experience or prior completion of other approved CPD activities. There are potential civil and criminal consequences for breaches of the CPD requirements. While the Explanatory Statement does not detail specific offences or penalties, it is implied that failure to comply with the CPD requirements could result in disciplinary action against the migration agent by the Authority. This could potentially include sanctions such as fines, suspension, or revocation of registration, in accordance with the provisions of the Migration Act 1958. The Notice specifies that it revokes the previous notice and sets new requirements, which must be adhered to by all registered migration agents. The Notice also addresses the issue of retrospectivity, clarifying that the instrument is to be applied retrospectively to ensure that activities approved in previous notices, which have now been revoked, remain valid. This is crucial to prevent registered migration agents who completed activities under the previous notices from being disadvantaged. By applying the Notice retrospectively, the Authority ensures that agents who undertook approved activities before the Notice was registered can still rely on these activities for their CPD requirements. This retrospective application is necessary to maintain the integrity of the CPD system and to avoid disadvantaging agents who have already completed relevant activities.