Overview

The Migration Agents Regulations 1998 were enacted to regulate the activities of migration agents in Australia, ensuring they maintain their professional competence through Continuing Professional Development (CPD). The Regulations, made under the Migration Act 1958, are administered by the Migration Agents Registration Authority (the 'Authority'). The Authority is responsible for specifying approved CPD activities that migration agents must complete to maintain their registration. The explanatory statement clarifies that the purpose of the instrument is to specify new activities for CPD, including attendance at seminars, workshops, conferences, or lectures, and to update the list of approved activities. The instrument does not substantially alter existing arrangements but ensures that agents can claim credit for CPD activities completed within a specified period, without disadvantaging them or the Commonwealth.

Scope and Application

The Migration Agents Regulations 1998, as amended, pertain to all registered migration agents in Australia, mandating them to engage in approved Continuing Professional Development (CPD) activities to maintain their registration. These regulations are applicable on a national level, under the purview of the Commonwealth, and are enforced by the Migration Agents Registration Authority (the 'Authority'). The Authority is empowered to specify, via notices published on its website, approved CPD activities that migration agents must complete to re-register under section 290A of the Migration Act 1958. These activities must each have a value of at least 10 points. The scope of the regulations includes the specification of activities such as attending seminars, workshops, conferences, or lectures, which are deemed suitable for CPD purposes. The instrument in question, which specifies new approved activities, revokes the previous notice and alters certain existing activities, is of a minor nature and does not substantially change existing arrangements for CPD. It is effective retroactively to 1 April 1998, ensuring that agents can claim credit for CPD activities completed within the 12 months prior to applying for repeat registration, thus avoiding any disadvantage.

Key Provisions

The Migration Agents Regulations 1998 (the "Regulations") outline the requirements for Continuing Professional Development (CPD) for registered migration agents, with specific attention given to the activities that qualify for CPD purposes. Under section 290A of the Migration Act 1958, it is a requirement for all registered migration agents to complete approved CPD activities that have a value of at least 10 points to be eligible for re-registration. Clause 3 of Schedule 1 of the Regulations allows the Migration Agents Registration Authority (the "Authority") to specify, by notice, the approved activities for CPD, which are published on its website. The primary obligations under this legislation for registered migration agents include the completion of approved CPD activities. These activities must be undertaken to maintain their registration and ensure compliance with the requirements set out in the Regulations. The Authority has the responsibility to specify the approved activities and to publish these on its website, ensuring that agents have access to the information they need to meet their CPD obligations. The activities specified in the notice include attendance at seminars, workshops, conferences, or lectures, which are deemed to provide sufficient professional development for the agents. Failure to meet the CPD requirements can result in civil or administrative penalties. If a registered migration agent does not complete the required CPD activities and fails to re-register by the specified deadline, their registration may be cancelled, and they may be ineligible to reapply for registration. The penalties for such non-compliance are outlined in the Migration Act 1958 and can include financial penalties or other administrative actions deemed necessary by the Authority. It is crucial for agents to stay informed about the approved activities and to complete the necessary CPD to avoid any adverse consequences.