Overview

The Migration Agents Regulations 1998, as amended by the F2010L01919 Notice, were enacted to address the need for updated and relevant Continuing Professional Development (CPD) activities for registered migration agents. This Notice was issued under clause 3 of Schedule 1 of the Regulations, empowering the Migration Agents Registration Authority (the Authority) to specify approved CPD activities, which are published on its website. These activities are critical for registered migration agents to complete in order to meet the re-registration requirements under section 290A of the Migration Act 1958. The Notice aims to ensure that all CPD activities are current and reflect the evolving nature of the migration industry, while maintaining the integrity and standards required of registered migration agents. The legislative instrument is of a minor or machinery nature, thereby not necessitating consultation, and it operates retrospectively to ensure that agents are not disadvantaged if they complete eligible CPD activities prior to the notice’s publication.

Scope and Application

The Migration Agents Regulations 1998 specify the approved activities that registered migration agents must complete for the purposes of Continuing Professional Development in order to re-register under the Migration Act 1958. This Explanatory Statement relates to the activities involving attendance at seminars, workshops, conferences, or lectures. The instrument specifies new activities conferring points for Continuing Professional Development, revoking the previous list of approved activities and altering those activities specified by the Authority. The instrument is of minor or machinery nature, not substantially altering existing arrangements, and consultation is not required under these circumstances. The instrument is retrospective, effective as of 1 April 1998, to ensure registered migration agents are not disadvantaged if they complete any of the Continuing Professional Development activities listed in the notice within the 12 months prior to applying for repeat registration. Clause 4 of Schedule 1 of the Regulations ensures that agents can still claim activities that have been withdrawn by this instrument, provided that they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments. The instrument applies to registered migration agents in Australia who are required to complete Continuing Professional Development activities to re-register under the Migration Act 1958. It is a Commonwealth instrument that applies nationally and does not specify any exclusions, exemptions, or thresholds. The instrument revokes a previously published MARA notice and is effective as of 1 April 1998, allowing 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. The retrospective nature of the instrument does not disadvantage migration agents in any way, as they 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.

Key Provisions

The Migration Agents Regulations 1998, under clause 3 of Schedule 1, empower the Migration Agents Registration Authority (the 'Authority') to specify approved activities for the purposes of Continuing Professional Development (CPD) for registered migration agents. The main sections of relevance here are sections 290A of the Migration Act 1958 and clause 3 of Schedule 1 to the Regulations. These provisions require all registered migration agents to complete CPD activities, each with a value of at least 10 points, in order to re-register. The explanatory statement indicates that the purpose of the Instrument is to specify activities involving attendance at seminars, workshops, conferences, or lectures that are approved for CPD purposes (paragraphs 3 and 4). The obligations imposed on parties governed by this Act include completing the specified CPD activities, ensuring they meet the minimum point value of 10 points each, and adhering to the approved activities listed in the notice. Registered migration agents must also ensure that any CPD activities they undertake are those specified in the notice and that they complete them within the prescribed timeframe to maintain their registration. The Authority is responsible for specifying the approved activities, revoking outdated notices, and publishing new notices on its website. The legislation outlines potential consequences for non-compliance, though specific penalties are not detailed in the explanatory statement. Generally, failure to comply with CPD requirements can lead to difficulties in re-registering as a migration agent, potentially resulting in the loss of professional standing. The explanatory statement indicates that the retrospective nature of the notice does not disadvantage migration agents, as they can still claim activities withdrawn by the instrument, provided they are completed before the instrument is registered on the Federal Register of Legislative Instruments (paragraph 10). The retrospective effect ensures that agents are not disadvantaged if they complete CPD activities before the notice is published, and it ensures that the Commonwealth is neither advantaged nor disadvantaged by this retrospectivity (paragraph 9).