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) Office of the MARA Notice MN38-09c of 2009, signed on 17/09/2009, 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 Schedule A and B, revokes the previous listing of approved activities, and alters those activities specified as approved activities by the Authority. The approved activities listed in Schedule B are levelled activities and will remain in effect until midnight on 30 November 2009. Consultation is not required under these circumstances.
6. The new activities included in the notice are….
Item |
34150 |
34151 |
34152 |
34153 |
34154 |
34155 |
34156 |
34157 |
34158 |
7. The activities which have been withdrawn are….
8. The activities which have altered are:
9. The instrument revokes a previously published Office of the 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 were enacted to establish a regulatory framework for the conduct and registration of migration agents in Australia. This legislative instrument, made under clause 3 of Schedule 1 to the Regulations, was introduced to address the need for a clear set of approved activities for the Continuing Professional Development (CPD) of registered migration agents. The instrument was developed by the Migration Agents Registration Authority (the 'Authority') to provide clarity on the specific activities that can be undertaken to meet the CPD requirements necessary for re-registration under section 290A of the Migration Act 1958. The policy objective is to ensure that migration agents maintain and enhance their professional competence and knowledge, thereby safeguarding the interests of their clients and upholding the integrity of the migration process. This notice specifies new activities for CPD, revokes previous listings, and alters certain activities to ensure the continuous professional development of registered migration agents.
Scope and Application
The Explanatory Statement for F2009L04133 provides an overview of the legislative instrument made under the Migration Agents Regulations 1998, which specifies approved activities for Continuing Professional Development (CPD) for registered migration agents. These regulations apply to all registered migration agents who are required to complete CPD activities, valued at a minimum of 10 points, to re-register under section 290A of the Migration Act 1958. The scope of the Act extends across the Commonwealth of Australia, impacting all registered migration agents operating within the country. The instrument revokes a previous notice and specifies new activities involving attendance at seminars, workshops, conferences, or lectures, providing a new set of approved CPD activities. The notice is effective from 1 April 1998, allowing agents to claim credit for activities completed within 12 months prior to applying for repeat registration, ensuring no disadvantage to the agents or the Commonwealth.
Key Provisions
The Migration Agents Regulations 1998, specifically the notice made under clause 3 of Schedule 1, allows the Migration Agents Registration Authority (the 'Authority') to specify activities that are approved for the purposes of Continuing Professional Development (CPD) for registered migration agents (section 2). These activities must have a value of at least 10 points for agents to re-register under section 290A of the Migration Act 1958. This notice revokes the previous listing of approved activities and specifies a new set of activities involving attendance at seminars, workshops, conferences, or lectures.
Registered migration agents have the obligation to complete these approved CPD activities. The new activities confer points as outlined in Schedule A and B and are intended to ensure that agents maintain their professional competency and knowledge. These activities must be undertaken within the stipulated timeframes and must meet the point value requirements set by the Authority.
The notice outlines specific offences and penalties for non-compliance with the CPD requirements. While the explanatory statement does not detail specific penalties, it is clear that failure to complete the required CPD activities could result in the inability to re-register as a migration agent. Additionally, the retrospective nature of the notice ensures that agents who have completed activities within the 12 months prior to applying for repeat registration can still claim credit, provided the activities are completed before the notice is registered on the Federal Register of Legislative Instruments.
It is important to note that the retrospective nature of the notice is designed to avoid disadvantaging agents who complete approved activities before the notice is published. Clause 4 of Schedule 1 of the Migration Agents Regulations 1998 ensures that agents can still claim withdrawn activities if they are undertaken before the instrument is registered. This ensures fairness and continuity in the CPD requirements for registered migration agents.