Overview

The Migration Agents Regulations 1998 were enacted to ensure that migration agents in Australia maintain a high standard of professional competence through continuing professional development. This legislation, introduced by the Australian Parliament, aims to regulate the professional conduct of migration agents to protect the interests of clients and maintain the integrity of the migration system. The explanatory statement for the F2010L00983 instrument made under the Regulations specifies approved activities for Continuing Professional Development for registered migration agents, including attendance at seminars, workshops, conferences, and lectures. This instrument updates the list of approved activities and confers points on new activities while revoking the previous notice. Importantly, it is retrospective to 1 April 1998, enabling agents to claim credit for activities completed within 12 months before applying for re-registration, without disadvantaging either the agents or the Commonwealth.

Scope and Application

The Migration Agents Regulations 1998, as amended by the Explanatory Statement Notice, applies to registered migration agents who are required to complete Continuing Professional Development (CPD) activities to maintain their registration under the Migration Act 1958. The CPD activities are specified by the Migration Agents Registration Authority and must be undertaken to fulfil the requirement of accumulating a minimum of 10 points to re-register. This notice specifically outlines approved activities for CPD, including attendance at seminars, workshops, conferences, or lectures, and it replaces the previous list of approved activities. The notice is effective as of April 1, 1998, and has a retrospective effect to enable agents to claim credit for activities completed within 12 months prior to applying for repeat registration. The notice ensures that migration agents are not disadvantaged by the retrospectivity, as activities withdrawn by the notice can still be claimed if undertaken before the notice is registered on the Federal Register of Legislative Instruments. This instrument is minor and does not substantially alter existing arrangements for CPD.

Key Provisions

The key provisions of this instrument, which are contained in clause 3 of Schedule 1 to the Migration Agents Regulations 1998, relate to the activities approved for Continuing Professional Development (CPD) by the Migration Agents Registration Authority (the 'Authority') (s.3). These approved activities include attendance at seminars, workshops, conferences, or lectures (s.2). The instrument specifies new activities that confer points on registered migration agents, revokes a previous listing of approved activities, and alters some of the activities specified as approved activities by the Authority (s.6, s.7, s.8). The instrument is of a minor or machinery nature, does not substantially alter existing arrangements for CPD, and is effective as of 1 April 1998 (s.5, s.9). The retrospective nature of the notice ensures that migration agents are not disadvantaged if they complete any of the activities listed in the notice within the 12 months prior to applying for repeat registration (s.9). 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 (s.10, s.11). Under the instrument, registered migration agents are required to 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 (s.2). The instrument specifies new activities that confer points on agents, revokes a previous listing of approved activities, and alters some of the activities specified as approved activities by the Authority (s.6, s.7, s.8). The Authority is responsible for specifying these approved activities, which are published on its website (s.2). The instrument is of a minor or machinery nature, does not substantially alter existing arrangements for CPD, and is effective as of 1 April 1998 (s.5). There are no specific offences, penalties, or civil/criminal consequences for breach of this instrument. However, failure to 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 may result in the migration agent being unable to re-register and therefore unable to continue practising as a migration agent (s.2, s.290A). The retrospective nature of the notice ensures that migration agents are not disadvantaged if they complete any of the activities listed in the notice within the 12 months prior to applying for repeat registration (s.9). 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 (s.10, s.11). The Commonwealth is neither advantaged nor disadvantaged by the retrospectivity (s.11).