Overview

The Migration Agents Regulations 1998 were enacted by the Parliament of Australia to regulate the conduct of migration agents and ensure they meet certain standards of competency and professionalism. The explanatory statement for the F2005L03880 Instrument, made under clause 3 of Schedule 1 to the Regulations, aims to address the need for clear guidelines regarding approved activities for Continuing Professional Development (CPD) for registered migration agents. This Instrument specifies new approved activities, such as attendance at seminars, workshops, conferences, or lectures, that migration agents can undertake to maintain their professional development. The policy objective is to enhance the quality of services provided by migration agents by ensuring they stay updated with current practices and knowledge in their field. The instrument also sets out eligibility requirements for participation in these activities and provides a structured framework for recognising and accrediting CPD activities, thereby maintaining the integrity and competence of the migration profession.

Scope and Application

The Migration Agents Regulations 1998, as supplemented by the explanatory statement for the Migration Agents (Continuing Professional Development – Attendance at a Seminar, Workshop, Conference or Lecture) Notice 2005, applies to registered migration agents within Australia. The primary objective of this instrument is to specify approved activities for the purposes of Continuing Professional Development (CPD) for these agents, particularly focusing on attendance at seminars, workshops, conferences, and lectures. The Migration Agents Registration Authority is empowered to specify these activities through notices published on its website. These activities are categorised into core and elective, with associated points and completion requirements outlined in the notice. The notice also sets out eligibility requirements for participants, varying by the level of the activity, with Level 1 activities having no prerequisites, while Level 2 and 3 activities necessitate specific experience or prior completion of CPD activities. The instrument revokes previous notices and introduces a new set of approved activities, which are effective from 1 April 1998, including retrospective application to ensure that activities undertaken under the previous notices are still recognised for CPD purposes. This ensures that agents who completed CPD activities under the now-repealed notices are not disadvantaged.

Key Provisions

The Migration Agents Regulations 1998 (Regulations) empower the Migration Agents Registration Authority (the 'Authority') to specify approved activities for the purposes of Continuing Professional Development (CPD) for registered migration agents (section 3 of Schedule 1). Under this authority, the Authority can publish notices on its website detailing approved activities, which may include seminars, workshops, conferences, or lectures, and can specify the name of the activity, the provider (if any), whether the activity is a core or elective activity, the number of points for each activity, and the requirements for completion of the activity. The primary focus of this particular notice is to specify approved activities related to attendance at seminars, workshops, conferences, or lectures for CPD purposes for Registered Migration Agents (paragraph 3). The notice provides a clear structure by categorising activities into levels, with Level 1 activities having no eligibility requirements and being accessible to all participants. Conversely, Level 2 and 3 activities require participants to meet certain criteria, such as having a specific number of years of experience as a migration agent, completing a requisite number of approved CPD activities, or obtaining the Authority's approval (paragraph 4). The eligibility requirements are detailed in the table under paragraph 3 of the instrument. The notice also mandates that any participant must meet the eligibility requirements specified in column 6 at the time of commencing the activity. This ensures that only qualified individuals engage in activities that earn them CPD points. Additionally, this notice revokes the previous notice entitled Migration Agents (Continuing Professional Development – Attendance at a Seminar, Workshop, Conference or Lecture) MARA Notice MN43 – 05c of 2005, published on 17/10/2005, and specifies a new set of material (paragraph 6). The new activities outlined in the Schedule are approved for CPD purposes, with each activity having a status, point value, and eligibility requirements specified in columns 4, 5, and 6, respectively. While the notice specifies new approved activities and revokes the previous notice, it is considered of a minor or machinery nature, which means it does not substantially alter existing arrangements for CPD for Registered Migration Agents (paragraph 7). Consequently, the notice does not require consultation. However, it does require retrospective application, effective from 1 April 1998 (paragraph 9). This retrospectivity ensures that individuals who completed approved activities under previous notices, now revoked, are not disadvantaged. Without retrospective application, these individuals would be unable to rely on points earned from those activities for their CPD requirements under section 290A of the Migration Act 1958 (paragraph 11). Failure to comply with the CPD requirements can result in serious consequences for registered migration agents. Non-compliance can lead to disciplinary action, including the suspension or cancellation of their registration, which can significantly impact their professional standing and ability to practice as a migration agent (section 290A of the Migration Act 1958). Additionally, agents who do not meet the CPD requirements may face penalties, including fines or imprisonment, as stipulated by the relevant legislative provisions.