EXPLANATORY STATEMENT
Migration Agents Regulations 1998
- This Notice is made under clause 3 of Schedule 1 to the Migration Agent Regulations 1998 (‘the Regulations’).
2. Clause 3 of Schedule 1 to the Regulations 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. All registered migration agents must complete approved activities that have a value of at least 10 points in order to re‑register under section 290A of the Migration Act 1958.
3. The purpose of the Instrument is to specify activities involving Attendance at a Seminar, Workshop, Conference or Lecture, which are approved for the purposes of Continuing Professional Development for registered migration agents.
4. The instrument revokes the notice entitled Migration Agents (Continuing Professional Development – Attendance at a Seminar, Workshop, Conference or Lecture) MARA Notice MN41-06c of 2006, signed on 9/10/2006, and specifies a new set of activities.
5. The instrument is of a minor or machinery nature and does not substantially alter existing arrangements for the purposes of Continuing Professional Development for registered migration agents. It confers points on new activities set out in column 2 in the Schedule, revokes the previous listing of approved activities, and alters those activities specified as approved activities by the Authority. Consultation is not required under these circumstances.
6. The new activities included in the notice are….
Item
310348
7. The activities which have been withdrawn are….
Item
310085, 310093, 310094, 320013, 320014, 320016, 320019, 330003, 330004, 330005, 330006, 330008, 330009, 330010, 330011, 330012
8. The activities which have altered are:
NIL
9. The instrument revokes a previously published MARA notice and is effective as of 1 April 1998. This retrospectivity is to enable registered migration agents to claim credit for any of the Continuing Professional Development activities listed in the notice, which they have completed within the 12 months prior to applying for repeat registration. It thus ensures that agents are not disadvantaged if they complete any of these activities before the notice is published.
10. The retrospective nature of the notice does not disadvantage migration agents in any way. This is because 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 that they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.
11. The Commonwealth is neither advantaged nor disadvantaged by the retrospectivity.
Overview
The Migration Agents Regulations 1998, enacted by the Commonwealth of Australia, provides a regulatory framework for the registration and professional conduct of migration agents. The explanatory statement for F2006L03462, issued under clause 3 of Schedule 1 of the Regulations, addresses the need to specify approved activities for the purposes of Continuing Professional Development (CPD) for registered migration agents. This instrument revokes the previous notice concerning approved CPD activities and specifies new activities for the professional development of migration agents. The objective is to ensure that all registered migration agents meet the required CPD standards, maintaining their professional competence and upholding the integrity of the migration services industry. This notice is effective retrospectively to ensure that agents who have completed CPD activities within the specified period can claim credit for them, thereby not disadvantaging them due to the timing of the notice's publication.
Scope and Application
The Migration Agents Regulations 1998, under clause 3 of Schedule 1, empower the Migration Agents Registration Authority to specify approved activities for the purposes of Continuing Professional Development (CPD) for registered migration agents. This Notice, published on the Authority's website, specifies activities such as attendance at seminars, workshops, conferences, or lectures that are approved for CPD. All registered migration agents must complete activities with a value of at least 10 points to re-register under section 290A of the Migration Act 1958. This Notice revokes the previous listing of approved activities, specifies new activities, and alters certain activities, without substantially altering existing arrangements for CPD. The instrument is effective retrospectively to 1 April 1998, ensuring that agents are not disadvantaged if they complete any of the CPD activities listed in the notice within the 12 months prior to applying for repeat registration. The retrospective application ensures that agents can still claim withdrawn activities, provided they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments. The Commonwealth is neither advantaged nor disadvantaged by this retrospectivity.
Key Provisions
The Migration Agents Regulations 1998, under clause 3 of Schedule 1, enable the Migration Agents Registration Authority (the 'Authority') to specify approved activities for Continuing Professional Development (CPD) for registered migration agents. This is detailed in the notice made under the Regulations, published on the Authority's website (s. 2). The notice specifies new activities for CPD that migration agents must complete to re-register under section 290A of the Migration Act 1958 (s. 2). These approved activities include attendance at seminars, workshops, conferences, or lectures. The notice replaces the previous list of approved activities with a new set, ensuring that migration agents are aware of the current CPD requirements (s. 4).
The new notice specifies activities that confer points for CPD purposes, revoking the previous notice and specifying new activities (s. 6). The notice also withdraws certain activities that were previously approved (s. 7). The Authority has not altered any existing activities in this notice, maintaining the focus on updating the list rather than changing the value or nature of the activities (s. 8). This notice is of a minor or machinery nature, meaning it does not substantially alter existing arrangements for CPD but ensures that the list of approved activities is current and relevant (s. 5).
There are no new obligations or requirements imposed on registered migration agents by this notice beyond ensuring they complete approved CPD activities to re-register (s. 2). The notice ensures that agents can claim credit for activities completed within the 12 months prior to applying for repeat registration, provided they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments (s. 10). The retrospective nature of the notice is intended to ensure that agents are not disadvantaged by the update and that the Commonwealth is neither advantaged nor disadvantaged by the changes (s. 9, 11).
There are no specific offences, penalties, or civil/criminal consequences mentioned in the notice for failing to complete approved CPD activities. However, the requirement to complete CPD activities is a statutory obligation under section 290A of the Migration Act 1958, and failure to comply could lead to the refusal of re-registration. The notice itself does not specify penalties but refers to the overarching legislative framework for enforcement and compliance (s. 2).