Overview

The Migration Agents Regulations 1998 were enacted to regulate the professional activities of migration agents in Australia, ensuring that they maintain a high standard of professional conduct and knowledge. This regulatory framework was introduced to address the need for a structured approach to the professional development of migration agents, thereby safeguarding the interests of migrants and the integrity of the migration process. The Regulations were enacted by the Parliament of Australia and aim to uphold the standards required for the effective and ethical practice of migration agency. The explanatory statement accompanying the Migration Agents Regulations 1998 clarifies that this legislation provides the Migration Agents Registration Authority with the power to specify approved activities for continuing professional development, ensuring that registered agents remain updated with current practices and legal requirements.

Scope and Application

The Migration Agents Regulations 1998, under clause 3 of Schedule 1, empower the Migration Agents Registration Authority (the 'Authority') to specify approved activities for the purposes of Continuing Professional Development (CPD) for registered migration agents, which are published on its website. This explanatory statement outlines the process by which the Authority updates and specifies new activities for CPD. These activities, which must be completed by registered migration agents to re-register under section 290A of the Migration Act 1958, include attendance at seminars, workshops, conferences, or lectures, each assigned a value of at least 10 points. The instrument in question revokes the previous listing of approved activities and introduces new ones, ensuring that migration agents can claim credit for CPD activities completed within the 12 months prior to applying for repeat registration. This retrospective approach, effective as of 1 April 1998, does not disadvantage either the migration agents or the Commonwealth, as clause 4 of Schedule 1 of the Regulations allows for the claiming of withdrawn activities undertaken before the instrument is registered on the Federal Register of Legislative Instruments. The Authority’s ability to extend or restrict the application of the Act through subordinate instruments is evident in the continual updating of approved CPD activities.

Key Provisions

The key provisions of the Notice revolve around the specification of approved activities for Continuing Professional Development (CPD) for registered migration agents, as outlined in clause 3 of Schedule 1 of the Migration Agents Regulations 1998 (paragraphs 2 and 3). This Notice revokes the previous MARA notice MN39-08c of 2008 and introduces a new set of approved activities, specifically focusing on attendance at seminars, workshops, conferences, and lectures (paragraph 4). The Notice specifies new activities (paragraph 6), withdraws certain activities (paragraph 7), and alters others (paragraph 8). The Notice is effective as of 1 April 1998, enabling registered migration agents to claim credit for CPD activities completed within 12 months prior to applying for repeat registration (paragraph 9). Registered migration agents are obligated to complete approved activities that have a value of at least 10 points to re-register under section 290A of the Migration Act 1958 (paragraph 2). They must ensure that any CPD activities undertaken fall within the approved list specified in the Notice. This requirement ensures that agents remain current and competent in their practice, contributing to the overall quality of services provided within the migration sector. The Notice does not specify any offences or penalties for non-compliance with its provisions (paragraph 11). However, failure to complete the required CPD activities may result in an agent being unable to re-register under section 290A of the Migration Act 1958. This could potentially lead to suspension or termination of their registration, thereby preventing them from continuing to provide migration services. While specific penalties are not outlined in the Notice, the consequences of non-compliance are significant in terms of professional standing and the ability to practice as a migration agent in Australia.