EXPLANATORY STATEMENT
Migration Agents Regulations 1998
- This Notice is made under clause 3 of Schedule 1 to the Migration Agent Regulations 1998 (‘the Regulations’).
2. Clause 3 of Schedule 1 to the Regulations allows the Migration Agents Registration Authority (the 'Authority') to specify, by notice published on its web site, approved activities for the purposes of Continuing Professional Development. All registered migration agents must 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.
3. The purpose of the Instrument is to specify activities involving Attendance at a Seminar, Workshop, Conference or Lecture, which are approved for the purposes of Continuing Professional Development for registered migration agents.
4. The instrument revokes the notice entitled Migration Agents (Continuing Professional Development – Attendance at a Seminar, Workshop, Conference or Lecture) MARA Notice MN40-10c of 2010, signed on 30/09/2010, and specifies a new set of activities.
5. The instrument is of a minor or machinery nature and does not substantially alter existing arrangements for the purposes of Continuing Professional Development for registered migration agents. It confers points on new activities set out in column 2 in the Schedule, revokes the previous listing of approved activities, and alters those activities specified as approved activities by the Authority. Consultation is not required under these circumstances.
6. The new activities included in the notice are….
Item |
34330 |
34331 |
34332 |
34333 |
34334 |
34335 |
7. The activities which have been withdrawn are….
8. The activities which have altered are:
Item |
34121 |
34122 |
34124 |
34153 |
34154 |
34175 |
34281 |
34282 |
34283 |
9. The instrument revokes a previously published MARA notice and is effective as of 1 April 1998. This retrospectivity is to enable 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. It thus ensures that agents are not disadvantaged if they complete any of these activities before the notice is published.
10. The retrospective nature of the notice does not disadvantage migration agents in any way. 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.
11. The Commonwealth is neither advantaged nor disadvantaged by the retrospectivity.
Overview
The Migration Agents Regulations 1998, enacted by the Australian government, address the need for registered migration agents to maintain their professional competence through ongoing education and training. The regulations establish the framework for Continuing Professional Development (CPD) activities that migration agents must complete to maintain their registration. The Authority responsible for these regulations is the Migration Agents Registration Authority (MARA), which specifies approved CPD activities. The policy objective of these regulations is to ensure that migration agents remain knowledgeable and skilled in their field, thereby maintaining the integrity and effectiveness of the migration system. The explanatory statement outlines the process of specifying new CPD activities, revoking outdated ones, and ensuring that these changes do not disadvantage agents who have completed relevant activities before the new regulations are published. This notice ensures continuity and fairness in the CPD requirements for migration agents.
Scope and Application
The explanatory statement outlines the scope and application of a notice made under clause 3 of Schedule 1 to the Migration Agent Regulations 1998, which specifies approved activities for Continuing Professional Development (CPD) for registered migration agents. This notice is relevant to all registered migration agents who must complete approved CPD activities to re-register under section 290A of the Migration Act 1958, and it applies to activities involving attendance at seminars, workshops, conferences, or lectures. The instrument revokes a previous notice and introduces a new set of approved activities, conferring points on these new activities while altering and removing certain previous ones. The notice is effective from 1 April 1998, with retrospective application to ensure that agents can claim credit for activities completed within 12 months prior to applying for repeat registration. This retrospective effect is designed to avoid disadvantaging agents and does not affect the Commonwealth's position, as clause 4 of Schedule 1 of the Regulations allows for the claim of withdrawn activities if undertaken before the instrument is registered on the Federal Register of Legislative Instruments.
Key Provisions
The Migration Agents Regulations 1998, as modified by the explanatory statement, establish the framework for continuing professional development (CPD) for registered migration agents. Section 3 of Schedule 1 to the Regulations empowers the Migration Agents Registration Authority (the 'Authority') to specify approved activities for CPD purposes through notices published on its website. These activities are mandatory for registered migration agents to complete in order to re-register under section 290A of the Migration Act 1958. The key provision here is the requirement that these approved activities must have a value of at least 10 points.
Under this Act, registered migration agents are obligated to engage in specified CPD activities. These activities include attending seminars, workshops, conferences, or lectures, as outlined in the regulations. The approved activities are listed in the Schedule of the instrument, which specifies new activities, revokes previous listings, and alters certain activities already approved by the Authority. The primary obligation is to complete these activities and accumulate the required points to maintain their registration.
Failure to comply with the CPD requirements may result in the inability to re-register as a migration agent. While the explanatory statement does not detail specific offences, penalties, or consequences for non-compliance, it is implied that such failure could lead to the cessation of their registration, thereby preventing them from providing migration services legally. The retrospective nature of the notice ensures that agents can still claim credit for activities completed within the 12 months prior to applying for repeat registration, provided they are undertaken before the notice is registered on the Federal Register of Legislative Instruments. This ensures that agents are not disadvantaged by changes in the approved activities list.