Overview

The Migration Agents Registration Authority (MARA) Notice 37 of 2003 amends the Migration Agents Regulations 1998 to address a gap in the continuing professional development requirements for migration agents in Australia. This notice was enacted to provide clarity on what constitutes an approved activity for migration agents to fulfil their professional development obligations. By specifying new activities under clause 3 of Schedule 1 to the Migration Agents Regulations 1998, the notice aims to ensure that migration agents engage in meaningful and relevant professional development, contributing positively to the practice of immigration law. This was done by revoking an earlier notice, MARA Notice 28 of 2003, and specifying new conditions under which the authorship and publication of articles in designated journals and magazines can be recognised as approved professional development activities.

Scope and Application

This legislative instrument pertains to the Migration Agents Registration Authority's (MARA) regulation of continuing professional development (CPD) for migration agents in Australia. Specifically, the Authority revokes MARA Notice 28 of 2003 and specifies new requirements for the authorship and publication of articles as an approved CPD activity. The new notice applies to all registered migration agents in Australia, who are mandated to undertake CPD activities to maintain their registration. The legislation sets out criteria for articles to qualify as core or elective CPD activities, including word count, subject matter, originality, and publication venue. The specified journals and magazines listed in the Schedule determine eligibility based on their relevance to migration law and practice. The MARA Notice 37 of 2003 came into effect from 1 April 1998 and is applicable nationally across Australia, governed under the Migration Act 1958 and the Migration Agents Regulations 1998. The Authority retains the power to extend or modify the application of this notice through subordinate instruments.

Key Provisions

The key operative sections of the legislative instrument are contained in clause 3 of Schedule 1 to the Migration Agents Regulations 1998, which provides the Migration Agents Registration Authority with the power to specify, by notice, approved activities for the purposes of continuing professional development (CPD). Section 1 of the notice revokes the earlier notice MARA Notice 28 of 2003 and specifies that the authorship and publication of detailed articles in certain journals and magazines are now approved CPD activities. Section 2 outlines the criteria that such articles must meet to be considered either a core activity or an elective activity, including the requirement that the article be at least 1,000 words and not previously published in substantially the same form. Furthermore, it must contribute positively to the development and practice of immigration law if it is a core activity, or deal with a topic of a legal or business nature relating to migration agents’ practice if it is an elective activity. The obligations and requirements imposed on the parties governed by this Act are primarily related to the CPD activities undertaken by migration agents. Migration agents must engage in approved CPD activities to maintain their registration. The notice specifies that writing and publishing detailed articles in designated journals and magazines can count towards these requirements. To qualify, articles must meet the criteria outlined in the notice, such as being at least 1,000 words, unpublished in substantially the same form, and either contributing to the development of immigration law or dealing with migration-related legal or business topics. The notice also mandates that migration agents keep records of their CPD activities and provide these records to the Authority upon request. The legislative instrument does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, failure to comply with the CPD requirements or providing false information about completed CPD activities could potentially lead to disciplinary action by the Migration Agents Registration Authority. This could include sanctions such as warnings, fines, suspension, or cancellation of registration. The Migration Act 1958 and associated regulations provide the framework under which such actions can be taken. The penalties for non-compliance with these broader legislative provisions could include fines and imprisonment, depending on the severity of the breach.