Overview

The Migration Agents Regulations 1998, enacted by the Australian Government, aim to regulate the professional activities of migration agents to ensure they maintain high standards of competency and integrity. This regulatory framework is overseen by the Migration Agents Registration Authority (the 'Authority') and is designed to address the need for ongoing professional development to keep pace with the complexities of migration law and policy. The explanatory statement for the F2011L00261 instrument highlights that the Authority has the power to specify approved activities for Continuing Professional Development under clause 3 of Schedule 1 of the Regulations. Registered migration agents must complete these approved activities, each assigned a value of at least 10 points, to satisfy the requirements for re-registration under section 290A of the Migration Act 1958. The instrument, which is of a minor nature, specifies new Distance Learning activities for Continuing Professional Development, revokes previous activities, and updates the list of approved activities. This ensures that the professional development requirements remain current and relevant, thereby maintaining the high standards expected of migration agents in Australia.

Scope and Application

The Migration Agents Regulations 1998, as amended by this instrument, apply to all registered migration agents in Australia who must complete approved Continuing Professional Development (CPD) activities to maintain their registration under the Migration Act 1958. These regulations govern the professional conduct and ongoing education of migration agents to ensure they remain knowledgeable and compliant with the current migration laws and practices. The activities outlined in this instrument pertain specifically to distance learning opportunities, which are recognised for CPD purposes. These regulations have a national jurisdictional reach, applying across the Commonwealth of Australia. The instrument specifies new approved CPD activities, revokes the previous list of activities, and alters certain activities as stipulated by the Migration Agents Registration Authority. The retrospective application of this notice, effective from 1 April 1998, ensures that agents can claim CPD credits for activities completed within the 12 months prior to the notice’s publication, thereby preventing any disadvantage to agents who undertake these activities before the official registration of the notice on the Federal Register of Legislative Instruments.

Key Provisions

The Migration Agents Regulations 1998 (the Regulations) under clause 3 of Schedule 1 permit the Migration Agents Registration Authority (the 'Authority') to specify approved activities for Continuing Professional Development (CPD) through a notice published on its website. These activities must be completed by all registered migration agents, with a minimum value of 10 points, to re-register under section 290A of the Migration Act 1958 (section 290A). The purpose of this particular instrument is to specify Distance Learning activities as approved CPD activities for registered migration agents (clause 3). This instrument revokes the previous notice titled Office of the Migration Agents (Continuing Professional Development – Private Study of Audio, Video or Written Material) Office of the MARA Notice MN52-10b of 2010, and replaces it with a new set of activities (clause 4). The obligations imposed by the Regulations on registered migration agents include the completion of approved CPD activities, which are now specified through the notice on the Authority’s website. These activities must be undertaken to meet the minimum point requirement of 10 points for re-registration (section 290A). The Authority’s role is to specify these activities and ensure that they are appropriately valued for CPD purposes. Migration agents are required to stay informed about the approved activities through the Authority’s website and to complete them within the stipulated timeframes. There are no specific offences or penalties outlined in the explanatory statement for failing to complete the approved CPD activities. However, failure to complete the required CPD activities and accumulate the necessary points would mean that a migration agent would be unable to re-register under section 290A of the Migration Act 1958. This would effectively result in the agent being unable to legally practice as a registered migration agent in Australia. The maximum penalties for practising without registration would be determined by the Migration Act 1958, which could include fines and imprisonment. The retrospective nature of the notice ensures that agents are not disadvantaged if they complete any of the CPD activities listed in the notice before its publication, as long as these activities are completed before the instrument is registered on the Federal Register of Legislative Instruments (clause 4).