Overview

The Migration Agents Regulations 1998, enacted by the Parliament of Australia, were introduced to regulate the professional conduct and Continuing Professional Development (CPD) of registered migration agents. The explanatory statement for the F2007L04573 instrument made under clause 3 of Schedule 1 to the Regulations aims to specify new approved activities for CPD purposes, specifically focusing on attendance at seminars, workshops, conferences, or lectures. This instrument revokes the previous MARA Notice MN42-07c of 2007 and introduces a new set of activities to be credited for CPD points. The Authority has determined that these changes are of a minor or machinery nature, do not substantially alter existing arrangements, and thus do not require consultation. The retrospective effect of the notice ensures that migration agents are not disadvantaged by the changes, as they can still claim credit for activities completed within the 12 months prior to the publication of the notice.

Scope and Application

The Migration Agents Regulations 1998, under clause 3 of Schedule 1, empowers the Migration Agents Registration Authority (the Authority) to specify approved activities for the purposes of Continuing Professional Development for registered migration agents. This authority is exercised through notices published on the Authority's website, which outline activities that agents must complete to meet the re-registration requirements under section 290A of the Migration Act 1958. The Explanatory Statement pertains to a notice specifying activities such as attending seminars, workshops, conferences, or lectures as approved Continuing Professional Development activities. This instrument replaces an older notice, MN42-07c of 2007, with new activities while revoking outdated ones, without substantially altering existing arrangements. Notably, the instrument is of a minor nature and does not require consultation due to its limited changes. The revised notice specifies new activities, such as Items 30811, 30812, 30813, and 30814, while withdrawing activities such as Items 310235, 310255, and 310257. Importantly, the instrument's retrospective application to 1 April 1998 ensures that agents can claim credit for activities completed within the 12 months prior to their application for repeat registration, thus preventing any disadvantage. This retrospectivity does not disadvantage agents or the Commonwealth, as stipulated by clause 4 of Schedule 1 of the Regulations, allowing agents to claim withdrawn activities undertaken before the notice is registered on the Federal Register of Legislative Instruments.

Key Provisions

The primary operative sections of the Migration Agents Regulations 1998, as amended by the Explanatory Statement F2007L04573, pertain to the regulation of Continuing Professional Development (CPD) for registered migration agents. Section 290A of the Migration Act 1958 mandates that all registered migration agents must complete approved CPD activities to re-register. Clause 3 of Schedule 1 to the Regulations empowers the Migration Agents Registration Authority (the 'Authority') to specify, via notice on its website, the approved activities required for CPD. These activities must be of a certain value, with a minimum of 10 points being necessary for re-registration. The explanatory statement outlines the Authority's use of this clause to specify new activities for CPD purposes, revoking the previous notice (MN42-07c of 2007) and replacing it with a new set of activities. The obligations and requirements imposed by this Act on the parties it governs are primarily centred around the completion of approved CPD activities. Registered migration agents must engage in activities that the Authority has specified as approved, ensuring they accumulate the required number of points to satisfy the re-registration requirements under section 290A of the Migration Act 1958. The Authority has the responsibility of specifying these activities through notices published on its website. These activities must be completed within the specified timeframe to ensure compliance with the re-registration process. The explanatory statement also highlights the consequences of non-compliance with the CPD requirements. Breach of the CPD obligations may result in the inability to re-register as a migration agent, which could lead to a cessation of professional practice. Although the explanatory statement does not explicitly detail penalties, the failure to meet CPD requirements can be seen as a breach of the legislative mandate for re-registration. The penalties for such breaches would typically be administrative, such as denial of re-registration, rather than specific financial or criminal penalties as outlined in the explanatory statement.