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) Office of the MARA Notice MN49-09c of 2009, signed on 4/12/2009, 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….
7. The activities which have been withdrawn are….
Item |
30815 |
30816 |
30817 |
30818 |
30819 |
30820 |
30821 |
30822 |
30823 |
30824 |
30825 |
30826 |
30827 |
30828 |
8. The activities which have altered are:
9. The instrument revokes a previously published Office of the 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 were enacted to ensure that migration agents maintain and demonstrate their professional competency through continuing professional development. This legislative instrument was introduced to address the need for updating and maintaining a list of approved activities for the professional development of registered migration agents. The instrument was made under clause 3 of Schedule 1 of the Regulations by the Migration Agents Registration Authority (the 'Authority') and was published as a notice on its website. The overarching policy objective is to ensure that all registered migration agents complete approved activities that have a value of at least 10 points to re-register under section 290A of the Migration Act 1958. This notice specifies activities involving attendance at seminars, workshops, conferences, or lectures approved for continuing professional development and revokes the previous notice, replacing it with a new set of activities. The instrument does not substantially alter existing arrangements but confers points on new activities, revokes previous listings, and alters specified activities. It is of a minor or machinery nature and does not require consultation.
Scope and Application
The Explanatory Statement for F2010L00123 clarifies that the Migration Agents Regulations 1998 apply to registered migration agents who are required to complete approved Continuing Professional Development (CPD) activities to re-register under section 290A of the Migration Act 1958. These regulations outline the activities approved for CPD purposes, with a particular focus on seminars, workshops, conferences, and lectures. The regulations apply on a national level within Australia, governing the professional development requirements for all registered migration agents. There are no specific exclusions or exemptions outlined in this particular notice, but the regulations generally allow for certain activities to be excluded or exempted based on the nature of the CPD activity and the requirements set by the Migration Agents Registration Authority. The authority has the power to extend or restrict the application of these regulations through subordinate instruments, although the current notice primarily serves to update the list of approved CPD activities without substantially altering existing arrangements.
Key Provisions
The Migration Agents Regulations 1998, as amended by the Explanatory Statement F2010L00123, outline specific activities approved for Continuing Professional Development (CPD) for registered migration agents. According to section 3 of Schedule 1, these activities must be completed by agents to re-register under section 290A of the Migration Act 1958, with each activity having a minimum value of 10 points. The explanatory statement clarifies that the regulations focus on activities such as attendance at seminars, workshops, conferences, or lectures, which are crucial for maintaining professional standards and knowledge in the field of migration. The instrument revokes the previous notice, MN49-09c of 2009, and introduces a new set of activities, while ensuring that agents who completed activities within the 12 months prior to the notice’s publication can still claim them. This change does not disadvantage agents or the Commonwealth as it is designed to be retrospective.
The obligations under these regulations require all registered migration agents to engage in the specified CPD activities to maintain their registration status. These activities are designed to ensure that agents remain current with the latest legal and procedural changes in migration law. By specifying approved activities, the Migration Agents Registration Authority (MARA) aims to uphold the professional standards of migration agents. Agents must ensure that they complete the required number of points in CPD activities as stipulated by the regulations, and they must document and report these activities to MARA as part of their re-registration process.
In terms of compliance, the regulations stipulate that failure to complete the required CPD activities may result in the inability to re-register as a migration agent. This means that agents who do not meet the CPD requirements will not be able to renew their registration, effectively barring them from practising as migration agents. Additionally, there are no explicit criminal or civil penalties mentioned in the explanatory statement for non-compliance with these CPD requirements. However, the loss of registration is a significant consequence that can affect an agent’s professional career and ability to provide services in the migration sector.