Overview

The Migration Agents Regulations 1998, amended by F2009L04514, was enacted to address the need for a structured and updated set of activities for the Continuing Professional Development (CPD) of registered migration agents. The instrument was introduced by the Migration Agents Registration Authority (MARA) under clause 3 of Schedule 1 of the Regulations, with the aim of specifying activities that migration agents can undertake for their CPD, thereby ensuring that they maintain and enhance their professional capabilities. The regulation revokes a previous notice and introduces a new list of approved CPD activities, which must be completed by migration agents to satisfy the re-registration requirements under the Migration Act 1958. This update is of a minor or machinery nature, designed to refine and expand the approved CPD activities without significantly altering the existing framework.

Scope and Application

The Migration Agents Regulations 1998, as amended by the notice published under clause 3 of Schedule 1, apply to all registered migration agents in Australia. This regulation mandates that these agents must complete approved activities that accrue at least 10 points for Continuing Professional Development (CPD) in order to re-register under section 290A of the Migration Act 1958. The purpose of this legislative instrument is to specify new activities involving attendance at seminars, workshops, conferences, or lectures which are approved for CPD. This instrument revokes the previous notice from 2009 and introduces a new set of activities. It is of a minor or machinery nature, meaning it does not significantly alter existing CPD arrangements for registered migration agents, but rather updates the list of approved activities, conferring points on new activities and altering some existing ones. The instrument is retrospective, effective as of 1 April 1998, to allow agents to claim credit for CPD activities completed within the 12 months prior to applying for repeat registration, ensuring they are not disadvantaged.

Key Provisions

The Migration Agents Regulations 1998, as amended by the explanatory statement F2009L04514, outline the approved activities for continuing professional development (CPD) that registered migration agents must complete. Section 290A of the Migration Act 1958 mandates that agents must undertake these approved CPD activities, each with a value of at least 10 points, to re-register. The regulations allow the Migration Agents Registration Authority (the 'Authority') to specify these approved activities by publishing a notice on its website. This notice, effective from 1 April 1998, specifies new activities for CPD, revoking the previous notice MN45-09c of 2009 and updating the list of approved activities. The instrument does not substantially alter existing arrangements but instead confers points on new activities and revokes old ones. The approved activities listed in Schedule B are levelled activities and will remain in effect until midnight on 30 November 2009. The obligations imposed on registered migration agents by these regulations include completing the specified CPD activities, ensuring they meet the minimum 10-point requirement, and staying updated with the activities listed on the Authority's website. Agents must also ensure they complete any CPD activities before the notice is registered on the Federal Register of Legislative Instruments to claim credit for them. Failure to complete the required CPD activities could result in the agent being unable to re-register, thereby losing their registration status. Breaches of these requirements may lead to civil or administrative penalties. Although the specific penalties are not detailed in the explanatory statement, the Migration Agents Registration Act 2008 provides for penalties for non-compliance, which may include fines or other sanctions. The retrospective nature of the notice ensures that agents are not disadvantaged by completing activities before the notice was published, maintaining fairness in the CPD requirements.