Overview

The Migration Agents Regulations 1998, enacted by the Australian Government, were established to regulate the activities of registered migration agents, ensuring they maintain a high standard of professional development. The F2010L03177 Notice, made under clause 3 of Schedule 1 to the Regulations, updates the list of approved Continuing Professional Development activities for these agents, specifying new activities that carry points for re-registration purposes. This Notice was issued by the Migration Agents Registration Authority (the 'Authority') to ensure that registered migration agents remain current with industry developments and best practices. The policy objective is to maintain and enhance the quality and integrity of services provided by migration agents. The Notice revokes the previous listing of approved activities and introduces new ones, while ensuring the changes do not substantially alter existing arrangements and are of a minor or machinery nature, thus not requiring further consultation.

Scope and Application

The Migration Agents Regulations 1998 apply to all registered migration agents in Australia, ensuring they comply with Continuing Professional Development (CPD) requirements for re-registration under the Migration Act 1958. This legislation mandates that all registered migration agents must complete approved CPD activities, each with a value of at least 10 points, to maintain their registration status. The scope of the Act extends to the specification of activities such as attending seminars, workshops, conferences, or lectures, which are approved for CPD purposes. The instrument revokes the previous notice on approved CPD activities and specifies new activities, while also altering existing ones. This legislation operates on a national level across Australia, ensuring a consistent standard for all registered migration agents. The instrument is considered minor and machinery in nature, and as such, it does not require consultation, though it does confer points on new activities and revokes the previous listing of approved activities. The retrospective application of this notice ensures that agents can still claim credit for CPD activities completed before the notice was published, provided they were undertaken within the 12 months prior to applying for repeat registration.

Key Provisions

The Migration Agents Regulations 1998 (the "Regulations") are designed to specify activities that are approved for Continuing Professional Development (CPD) for registered migration agents. Section 290A of the Migration Act 1958 mandates that all registered migration agents must complete approved CPD activities to re-register. Clause 3 of Schedule 1 to the Regulations allows the Migration Agents Registration Authority (the "Authority") to specify these approved activities through notices published on its website. The instrument in question revokes the previous notice titled Migration Agents (Continuing Professional Development – Attendance at a Seminar, Workshop, Conference or Lecture) MARA Notice MN44-10c of 2010 and specifies a new set of activities for CPD purposes. The obligations imposed by the Regulations require all registered migration agents to engage in approved CPD activities. These activities are intended to ensure that agents maintain and enhance their professional competencies. Specifically, the regulations mandate that the approved activities have a value of at least 10 points. This means that agents must participate in activities that are recognised by the Authority as contributing to their professional development, ensuring they remain knowledgeable and skilled in their field. The Act does not outline specific civil or criminal penalties for non-compliance with the CPD requirements, but it is important to note that failure to complete the required CPD activities can result in the inability to re-register as a migration agent. This, in turn, means that the agent would be unable to practice as a migration agent in Australia. Additionally, the Authority has the power to take disciplinary action against agents who do not comply with the CPD requirements, which could include suspension or cancellation of their registration. The instrument is of a minor or machinery nature, meaning it does not substantially alter existing arrangements for CPD. It 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. The retrospective nature of the notice, effective as of 1 April 1998, ensures that agents can claim credit for any CPD activities they have completed within the 12 months prior to applying for repeat registration. This ensures that agents are not disadvantaged if they complete any of these activities before the notice is published.