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 MN18-11d of 2011, signed on 29/04/2011, 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….
Item |
40103 |
40104 |
40105 |
40106 |
40107 |
40108 |
40109 |
40110 |
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 The activities which have been withdrawn are….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4 of Schedule 1 of the Migration Agents Regulations 1998, ensures that agents can still claim activities that have been withdrawn by this instrument, provided that they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.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 were enacted to provide a regulatory framework for migration agents in Australia, ensuring they maintain their professional standards and competence. This regulatory instrument, made under clause 3 of Schedule 1 to the Regulations, specifies approved activities for Continuing Professional Development (CPD) for registered migration agents. The Authority, as the Migration Agents Registration Authority, is responsible for this instrument, which aims to update the list of CPD activities by revoking the previous notice and specifying new activities. The instrument does not require consultation as it is of a minor nature, only conferring points on new activities and altering existing ones. It is retrospective, effective as of 1 April 1998, to allow agents to claim credit for CPD activities completed within 12 months prior to applying for re-registration, ensuring no disadvantage is caused to the agents or the Commonwealth.
Scope and Application
The Migration Agents Regulations 1998, as specified in F2011L00945, provide a framework for registered migration agents to engage in approved Continuing Professional Development (CPD) activities. These regulations apply to all registered migration agents in Australia, requiring them to complete CPD activities that are valued at a minimum of 10 points to re-register under section 290A of the Migration Act 1958. This ensures that migration agents maintain their professional competency and adhere to the standards set by the Migration Agents Registration Authority (Authority). The Authority, through this instrument, has specified certain Conference activities as approved CPD activities, revoking the previous listing and detailing new activities. The instrument is of a minor nature, specifying new activities and revoking the previous list without substantially altering existing CPD arrangements. The retrospective nature of the notice ensures that agents can claim credit for activities completed within 12 months prior to applying for repeat registration, without disadvantaging either the agents or the Commonwealth.
Key Provisions
The Migration Agents Regulations 1998 provide a framework for continuing professional development (CPD) for registered migration agents in Australia, as outlined in sections 290A and 3 of Schedule 1 (paragraphs 2 and 3). These sections require all registered migration agents to complete approved CPD activities that hold a value of at least 10 points to re-register under the Migration Act 1958. The explanatory statement further clarifies that the purpose of the regulations is to specify which conference activities are approved for CPD purposes (paragraph 3). The Authority can specify these approved activities through a notice published on its website (paragraph 2). The explanatory statement also mentions that the notice revokes a previous notice (MN18-11d of 2011) and introduces new activities (paragraphs 4 and 6).
The obligations imposed by the Act and the Regulations on registered migration agents include completing the specified CPD activities, ensuring that they have a value of at least 10 points, and claiming credit for any approved CPD activities completed within 12 months prior to applying for repeat registration (paragraphs 2, 3, 9, and 10). The Authority has the responsibility to publish notices on its website that specify the approved activities and to ensure that the regulations do not substantially alter existing arrangements for CPD (paragraphs 5 and 6).
There are no direct offences, penalties, or consequences mentioned in the explanatory statement for breaching the CPD requirements. However, failure to complete the approved CPD activities or to re-register within the required timeframe may result in the agent's registration being cancelled, preventing them from practising as a migration agent in Australia (Migration Act 1958, section 290A). Additionally, any misrepresentation or fraud in claiming CPD activities may lead to criminal charges and penalties under the Migration Act 1958 or other relevant legislation (Migration Act 1958, sections 231A and 232). The explanatory statement does not mention any specific maximum penalties, but they may be found in the primary legislation or related regulations.