Overview

The Migration Agents Regulations 1998 were enacted to ensure that registered migration agents engage in Continuing Professional Development (CPD) to maintain their professional standards and competence. This regulatory framework was developed to address gaps in the quality and consistency of services provided by migration agents. The enacting body was the Australian Parliament, with the policy objective of enhancing the professional standards of migration agents through mandatory CPD requirements. The explanatory statement outlines an instrument made under clause 3 of Schedule 1 of the Regulations, which allows the Migration Agents Registration Authority to specify approved CPD activities for agents to complete for re-registration. This instrument updates the list of approved activities, revoking the previous notice and introducing new activities to ensure the currency and relevance of CPD requirements. The changes are minor, maintaining existing arrangements while updating the approved activities list, and are effective retrospectively to avoid disadvantaging agents who completed eligible activities before the notice was updated.

Scope and Application

The Migration Agents Regulations 1998, specifically the instrument referenced as F2010L00702, applies to registered migration agents within Australia, who are required to complete approved activities to re-register under section 290A of the Migration Act 1958. This Act sets out the mandatory Continuing Professional Development (CPD) activities, which must include attendance at seminars, workshops, conferences, or lectures, each valued at a minimum of 10 points. The instrument, being of a minor or machinery nature, specifies new activities for CPD, revokes the previous listing of approved activities, and alters those activities previously set by the Authority. The scope of the instrument is limited to the Commonwealth of Australia, with no specified exclusions or exemptions other than those outlined within the Act itself. The retroactive effect of the instrument ensures that agents can claim credit for CPD activities completed within the 12 months prior to applying for repeat registration, thus maintaining fairness and continuity in professional development requirements for migration agents.

Key Provisions

The main operative sections of this notice detail the activities that are approved for Continuing Professional Development (CPD) for registered migration agents under section 290A of the Migration Act 1958 (section 2). The notice specifies activities involving attendance at seminars, workshops, conferences, or lectures (section 3). This replaces the previous notice, Migration Agents (Continuing Professional Development – Attendance at a Seminar, Workshop, Conference or Lecture) MARA Notice MN07-10c of 2010 (section 4). The notice confers points on new activities and revokes the previous listing of approved activities (section 6). The instrument is of a minor or machinery nature, meaning it does not substantially alter existing arrangements (section 5). The obligations imposed by the notice require registered migration agents to complete approved CPD activities with a value of at least 10 points to re-register under the Act (section 2). The Authority must specify these activities by notice published on its website, ensuring that the activities are up-to-date and relevant to the profession (section 3). Agents must complete these activities within the specified period to meet their CPD requirements, ensuring they remain compliant with the Act. There are no specific offences, penalties, or civil/criminal consequences detailed in the notice for failing to complete the approved CPD activities. However, failure to comply with the CPD requirements may result in the inability to re-register as a migration agent, effectively preventing them from continuing their professional practice (section 290A of the Migration Act 1958). The notice ensures that agents are not disadvantaged by its retrospective nature, allowing them to claim credit for activities completed within the 12 months prior to applying for repeat registration (section 9). This ensures that agents can still benefit from CPD activities they have already undertaken, as long as they were completed before the notice was registered on the Federal Register of Legislative Instruments (section 10).