Overview

The Migration Agents Regulations 1998, as amended by F2011L00004, aim to ensure that registered migration agents in Australia complete continuing professional development (CPD) activities to maintain their registration. Enacted by the Migration Agents Registration Authority (the 'Authority'), this legislation seeks to address the need for ongoing education and skill enhancement among migration agents to keep them updated with changes in migration laws and practices. The policy objective is to ensure that migration agents maintain a high standard of professional competence and integrity, thereby protecting the interests of those who seek their services. This instrument updates the list of approved CPD activities, revoking the previous listing and introducing new activities, without substantially altering existing CPD arrangements. It ensures that agents can claim credit for activities completed prior to the notice being published, thus avoiding any disadvantage that might arise from such changes.

Scope and Application

The Migration Agents Regulations 1998 govern the continuing professional development (CPD) activities for registered migration agents, as specified by the Migration Agents Registration Authority (the 'Authority'). This instrument, made under clause 3 of Schedule 1 to the Regulations, outlines activities involving attendance at seminars, workshops, conferences, or lectures that are approved for CPD purposes. All registered migration agents are required to complete approved CPD activities with a value of at least 10 points to re-register under section 290A of the Migration Act 1958. The Authority can specify these approved activities by notice published on its website. The instrument specifies new activities, revokes previous listings, and alters certain activities, ensuring that agents can claim credit for activities completed within the 12 months prior to applying for repeat registration. The retrospective application of the instrument ensures that agents are not disadvantaged and that the Commonwealth is neither advantaged nor disadvantaged by the retrospectivity. This instrument operates at a Commonwealth level and applies to registered migration agents within Australia.

Key Provisions

The Migration Agents Regulations 1998, as specified by Clause 3 of Schedule 1, allow the Migration Agents Registration Authority (the 'Authority') to set out approved activities for Continuing Professional Development (CPD) via a notice on its website. This requirement is outlined in section 290A of the Migration Act 1958, which mandates that all registered migration agents must complete approved CPD activities with a minimum value of 10 points to re-register. The notice in question, F2011L00004, specifically identifies activities such as attending seminars, workshops, conferences, or lectures as approved CPD activities. This notice revokes the previous MARA Notice MN49-10c of 2010, published on 30 November 2010, and introduces new activities to be considered for CPD purposes. The obligations imposed on registered migration agents by this notice include the necessity to participate in the approved activities listed within the schedule. These activities must be completed to fulfil the CPD requirements necessary for re-registration. The activities specified are designed to ensure that migration agents maintain and enhance their professional skills and knowledge. The notice is of a minor or machinery nature, meaning it does not substantially alter existing arrangements but rather updates the list of approved CPD activities. The new activities confer points upon completion and are intended to reflect current professional standards and practices. Failure to comply with the CPD requirements as specified in the notice may result in the inability to re-register as a migration agent. This would effectively bar the agent from practising and could lead to significant professional repercussions. The notice is retrospective to 1 April 1998, ensuring that migration agents can claim credit for any CPD activities they have completed within the 12 months prior to applying for repeat registration. This retrospectivity ensures that agents are not disadvantaged if they complete any of these activities before the notice is published. Furthermore, the retrospective nature of the notice does not disadvantage migration agents, as Clause 4 of Schedule 1 of the Migration Agents Regulations 1998 allows agents to 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. This ensures that agents are not prejudiced by the changes in the list of approved activities.