Overview

The Migration Agents Regulations 1998, enacted by the Australian government, were introduced to ensure that migration agents maintain and enhance their professional competence and knowledge through Continuing Professional Development (CPD). This regulation is overseen by the Migration Agents Registration Authority (the 'Authority'), which is responsible for specifying approved activities for CPD purposes under clause 3 of Schedule 1 to the Regulations. The overarching policy objective is to ensure that all registered migration agents complete approved activities to re-register under section 290A of the Migration Act 1958. The explanatory statement for this notice, made under clause 3 of Schedule 1, specifies new activities approved for CPD, including attendance at seminars, workshops, conferences, and lectures, while revoking the previous notice and updating the list of approved activities. This instrument, of a minor or machinery nature, ensures that registered migration agents are not disadvantaged by changes to the approved activities list and allows them to claim credit for activities completed within the 12 months prior to applying for repeat registration.

Scope and Application

The Migration Agents Regulations 1998, as amended by the Explanatory Statement F2010L02215, govern the Continuing Professional Development (CPD) activities for registered migration agents. These regulations apply to all registered migration agents in Australia, requiring them to complete approved CPD activities to maintain their registration. The CPD activities must have a value of at least 10 points and are specified by the Migration Agents Registration Authority (the 'Authority') through notices published on its website. This notice specifically focuses on activities such as attending seminars, workshops, conferences, or lectures, which are approved for CPD purposes. The instrument revokes the previous notice and introduces a new set of approved activities, ensuring that migration agents can claim credit for activities undertaken within the 12 months prior to applying for repeat registration. The retrospective application of these regulations ensures fairness, as agents can still claim withdrawn activities if they are completed before the notice is registered on the Federal Register of Legislative Instruments. This approach ensures that both migration agents and the Commonwealth are neither advantaged nor disadvantaged.

Key Provisions

The Migration Agents Regulations 1998, under clause 3 of Schedule 1, allow the Migration Agents Registration Authority (the 'Authority') to specify, by notice published on its website, approved activities for the purposes of Continuing Professional Development (CPD) (s.3). Registered migration agents are required to complete approved activities that have a value of at least 10 points to re-register under section 290A of the Migration Act 1958 (s.2). These approved activities, which include attendance at seminars, workshops, conferences or lectures, serve to maintain and enhance the professional skills and knowledge of registered migration agents (s.3). The obligations placed on the agents include ensuring that they complete the required number of CPD points and that these activities are approved by the Authority (s.2). The Act mandates that the Authority must specify these approved activities, and agents must comply with the stipulated requirements to maintain their registration (s.3). Failure to comply with the CPD requirements can lead to penalties, including potential non-renewal of registration, which can effectively bar the agent from practising (s.290A). The retrospective application of the notice ensures that agents who completed eligible CPD activities within the 12 months prior to applying for repeat registration can still claim credit for these activities (s.9). This ensures that agents are not disadvantaged by the changes in the approved activities list (s.10). The Commonwealth remains unaffected by the retrospectivity of the notice, ensuring fairness in the application of the CPD requirements (s.11).