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 Conference activities 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 –Conference) MARA Notice MN10-11d of 28/02/2011, signed on 28/02/2011, 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 the Schedule, revokes the previous listing of approved activities, and alters those activities specified as approved activities by the Authority. Consultation is not required under these circumstances.
6. The new activities included in the notice are….
7. The activities which have been withdrawn are….
8. The activities which have altered are:
9. The instrument revokes a previously published 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4 of Schedule 1 of the Migration Agents Regulations 1998, ensures that agents can still claim activities that have been withdrawn by this instrument, provided that they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.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, as amended by the notice F2011L00555, was enacted to specify activities approved for the purposes of Continuing Professional Development (CPD) for registered migration agents. The instrument addresses the need to update the list of CPD activities to ensure that migration agents can maintain their registration by completing relevant professional development activities. The notice was made by the Migration Agents Registration Authority (the Authority), pursuant to clause 3 of Schedule 1 to the Migration Agents Regulations 1998. The policy objective is to maintain high professional standards among migration agents by ensuring they engage in ongoing education and training. The notice revokes the previous listing of approved activities and specifies new activities, but it does not substantially alter existing arrangements for CPD. The retrospective effect of the notice, which is effective as of 1 April 1998, ensures that agents can claim credit for activities completed before the notice was published, without disadvantaging either the agents or the Commonwealth.
Scope and Application
The Migration Agents Regulations 1998, as exemplified by the Notice F2011L00555, pertains to the specification of approved activities for Continuing Professional Development (CPD) for registered migration agents in Australia. This Notice is instrumental in guiding all registered migration agents, who must complete approved CPD activities worth at least 10 points to re-register under section 290A of the Migration Act 1958. The Notice outlines activities such as conferences, which are approved for CPD purposes. This regulatory framework applies to all registered migration agents operating within Australia, ensuring that they adhere to the continuing education requirements to maintain their registration. The scope of the Notice is limited to specifying new approved activities, revoking outdated activities, and altering existing ones, thereby maintaining the integrity and relevance of the CPD requirements without substantially altering the existing arrangements. The retrospective application ensures that agents are not disadvantaged if they complete certain activities before the Notice is published, thereby providing flexibility and fairness within the regulatory framework.
Key Provisions
The Migration Agents Regulations 1998, as revised by this Notice, primarily concern the activities that registered migration agents must complete to meet the Continuing Professional Development (CPD) requirements for re-registration (section 290A of the Migration Act 1958). The Notice specifies approved activities that confer points towards the CPD requirement, with each activity having a designated value of at least 10 points. This requirement ensures that migration agents stay updated with the latest practices and regulations in their field.
The obligations imposed by the Act include the necessity for all registered migration agents to complete these approved CPD activities, ensuring they maintain their registration and continue to provide competent services. This requirement is critical in upholding the standards and integrity of the migration profession.
The Notice specifies a range of activities that have been approved for CPD purposes. These activities include attending conferences, participating in workshops, completing online courses, and other educational activities relevant to the migration profession. Each of these activities is assigned a point value, which agents must accumulate to meet the CPD requirements for re-registration.
There are no direct penalties outlined in this Notice for failing to complete the required CPD activities. However, the failure to meet the CPD requirements could result in the inability to re-register as a migration agent, which would effectively prevent the agent from practicing. This consequence underscores the importance of adhering to the CPD requirements set forth by the Regulations.
Overall, the Notice serves to update and refine the list of approved CPD activities for registered migration agents, ensuring they remain current and competent in their professional practice. This is essential for maintaining the high standards of the migration profession and protecting the interests of clients.