Overview

The Migration Agents Regulations 1998, enacted by the Australian Parliament, established the framework for the regulation of migration agents in Australia. The explanatory statement for F2011L00364, made under clause 3 of Schedule 1 of these Regulations, was introduced to address the need for updated approved activities for Continuing Professional Development (CPD) for registered migration agents. The instrument specifies new Distance Learning activities that are approved for CPD purposes, thereby ensuring that migration agents remain current with industry standards and legal requirements. The policy objective is to facilitate the professional development of migration agents, which is essential for maintaining high standards in the migration services industry. This instrument revokes the previous listing of approved activities and updates the activities specified as approved by the Migration Agents Registration Authority, ensuring that the regulations remain effective and relevant.

Scope and Application

The Migration Agents Regulations 1998, under clause 3 of Schedule 1, empowers the Migration Agents Registration Authority to specify approved activities for Continuing Professional Development (CPD) for registered migration agents. This particular instrument, F2011L00364, specifies new Distance Learning activities for CPD purposes, revoking the previous listing and altering certain activities. The instrument applies to all registered migration agents in Australia who are required to complete approved CPD activities to re-register under section 290A of the Migration Act 1958. Each activity specified in the notice is assigned a value of at least 10 points, and agents must complete activities that collectively meet their CPD requirements to ensure their registration remains current. The instrument is effective from 1 April 1998, allowing agents to claim credit for activities completed within the 12 months prior to applying for repeat registration, thus ensuring fairness and continuity in the CPD process. The retrospective application of this notice does not disadvantage migration agents or the Commonwealth, as activities withdrawn by the instrument can still be claimed if completed before the notice is registered on the Federal Register of Legislative Instruments.

Key Provisions

The Migration Agents Regulations 1998, specifically under clause 3 of Schedule 1, empower the Migration Agents Registration Authority (the 'Authority') to specify, via a notice published on its website, approved activities for the purposes of Continuing Professional Development (CPD) (1). This requirement is crucial for registered migration agents to complete activities that have a value of at least 10 points to re-register under section 290A of the Migration Act 1958 (2). The explanatory statement details the purpose of this particular notice, which is to specify Distance Learning activities approved for CPD for registered migration agents (3). The obligations imposed by this notice are clear: registered migration agents must ensure they complete the specified CPD activities to maintain their registration. These activities are designed to ensure that agents remain up-to-date with current practices and regulations in the field of migration (4). By specifying these activities, the Authority aims to maintain professional standards within the migration industry. Failing to complete the approved CPD activities could result in a registered migration agent being unable to re-register, thereby ceasing to practice. The consequences of non-compliance are significant, as it could lead to the loss of professional standing and the inability to provide migration services (5). The maximum penalty for such non-compliance is not explicitly stated in the explanatory statement, but the impact on the agent's professional career is considerable. The explanatory statement also addresses the retrospective nature of the notice, clarifying that it is effective as of 1 April 1998 (9). This retrospectivity ensures that agents who completed any of the previously listed CPD activities within the 12 months prior to applying for repeat registration can still claim credit for those activities. It is important to note that 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 (10). This measure ensures that agents are not disadvantaged by the changes and that the Commonwealth is neither advantaged nor disadvantaged by the retrospectivity (11).