Overview

The Migration Agents Regulations 1998, amended by F2010L02401, was enacted to address the need for a clear framework of approved activities for Continuing Professional Development (CPD) for registered migration agents. This legislative instrument, made under the Migration Agents Registration Authority, provides a mechanism for specifying the types of CPD activities that migration agents must complete in order to re-register. The primary objective is to ensure that migration agents maintain and enhance their professional competencies through approved CPD activities, thereby safeguarding the integrity and efficacy of the migration services provided. This instrument revokes the previous notice on approved CPD activities and introduces a new set of approved activities, while ensuring that the retrospective application does not disadvantage migration agents or the Commonwealth.

Scope and Application

The Migration Agents Regulations 1998, as amended by this instrument, apply to registered migration agents who must complete approved activities to re-register under section 290A of the Migration Act 1958. The Authority specifies approved activities for the purposes of Continuing Professional Development, and these must have a value of at least 10 points. This instrument specifies activities involving attendance at seminars, workshops, conferences, or lectures as approved activities for the purposes of Continuing Professional Development for registered migration agents. The instrument revokes the previous notice and specifies a new set of activities, which are effective as of 1 April 1998. This retrospectivity ensures that registered migration agents are not disadvantaged if they complete any of the Continuing Professional Development activities listed in the notice before the notice is published. The instrument confers points on new activities set out in the Schedule, revokes the previous listing of approved activities, and alters those activities specified as approved activities by the Authority.

Key Provisions

The primary operative sections of the Migration Agents Regulations 1998 (the 'Regulations') in this Notice (F2010L02401) focus on the activities that registered migration agents must complete for Continuing Professional Development (CPD) purposes. Specifically, section 290A of the Migration Act 1958 mandates that all registered migration agents must complete approved activities that have a value of at least 10 points to re-register. Clause 3 of Schedule 1 to the Regulations empowers the Migration Agents Registration Authority (the 'Authority') to specify these approved activities by notice, which must then be published on its website. The obligations and requirements imposed by this Notice on registered migration agents are straightforward. They must ensure that any CPD activities they undertake are listed in the Notice as approved activities. This includes attending seminars, workshops, conferences, or lectures that have been specifically approved by the Authority. The Notice outlines the new set of approved activities, replacing the previously listed activities in the MARA Notice MN31-10c of 2010. Agents are required to complete these activities to meet the CPD requirements necessary for re-registration under the Migration Act 1958. The Notice also details the consequences for any breach of these provisions. Although specific offences and penalties are not outlined in the Notice, it is implicit that failure to complete the required CPD activities could lead to difficulties in re-registering as a migration agent. This could potentially result in the cessation of practice as a registered migration agent, given the mandatory nature of these CPD requirements. The retrospective nature of the Notice ensures that agents who have completed certain activities before the Notice was published can still claim credit for those activities, provided they were undertaken within the stipulated timeframe. In summary, the Notice serves to update the list of approved CPD activities for registered migration agents, ensuring they can continue to meet the statutory requirements for re-registration. The obligations are clear, and while specific penalties are not detailed, the impact of non-compliance could be significant for the agents’ professional standing. The Notice's retrospective application ensures fairness by allowing agents to claim CPD activities completed before its publication, provided they were undertaken within the allowable period.