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 Distance Learning activities, which are approved for the purposes of Continuing Professional Development for registered migration agents.
4. The instrument revokes the notice entitled Office of the Migration Agents (Continuing Professional Development – Distance Learning) Office of the MARA Notice MN10-11b of 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….
Item |
20222 |
20223 |
20224 |
20225 |
20226 |
20227 |
20228 |
20229 |
20230 |
20231 |
24017 |
25034 |
25035 |
25036 |
25037 |
25038 |
25039 |
25040 |
25041 |
25042 |
25043 |
25044 |
25045 |
7. The activities which have been withdrawn are….
8. The activities which have altered are:
9. The instrument revokes a previously published Office of the 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, enacted by the Australian Parliament, provide a framework for regulating migration agents and ensuring they maintain their professional competence. This legislation was introduced to address the need for ongoing education and training for migration agents to effectively serve clients and uphold professional standards in the field of migration law. Under clause 3 of Schedule 1 of the Regulations, the Migration Agents Registration Authority (the 'Authority') has the power to specify approved activities for Continuing Professional Development (CPD) that registered migration agents must complete to re-register. The explanatory statement for F2011L00556 clarifies that the instrument specifies new Distance Learning activities for CPD purposes, revoking a previous notice and updating the list of approved activities. The policy objective is to ensure that migration agents remain knowledgeable and competent, thereby protecting the interests of clients and maintaining the integrity of the migration system. The instrument is of a minor nature and does not substantially alter existing CPD arrangements, with the retrospective application ensuring that agents can still claim credit for activities completed before the notice was published.
Scope and Application
The Migration Agents Regulations 1998, specifically under clause 3 of Schedule 1, empower the Migration Agents Registration Authority to specify approved activities for the purposes of Continuing Professional Development (CPD) for registered migration agents. This authority allows the Authority to publish notices on its website detailing activities that migration agents must complete to re-register under section 290A of the Migration Act 1958. The purpose of this particular instrument is to detail approved Distance Learning activities for CPD, which are necessary for the re-registration of migration agents. The instrument revokes the previous notice detailing approved CPD activities and lists new activities that are approved, ensuring that migration agents can claim credit for activities undertaken within the 12 months prior to their application for repeat registration. This retrospective application does not disadvantage the agents or the Commonwealth, as clause 4 of Schedule 1 of the Regulations ensures that withdrawn activities can still be claimed if completed before the instrument is registered on the Federal Register of Legislative Instruments.
Key Provisions
The key provisions of the instrument revolve around the activities that registered migration agents must complete for Continuing Professional Development (CPD) purposes, as outlined in clause 3 of Schedule 1 to the Migration Agent Regulations 1998 (paragraph 2). According to section 290A of the Migration Act 1958, all registered migration agents are required to complete CPD activities that have a value of at least 10 points in order to re-register (paragraph 3). The instrument specifies new Distance Learning activities that are approved for CPD (paragraph 4). These activities are meant to provide flexibility and accessibility for registered migration agents, allowing them to engage in learning and development opportunities that may not be available through traditional means. The instrument revokes the previous notice titled Office of the Migration Agents (Continuing Professional Development – Distance Learning) Office of the MARA Notice MN10-11b of 2011 (paragraph 4), and specifies a new set of activities (paragraph 6). The instrument also alters some of the activities that were previously approved (paragraph 8).
In terms of obligations and requirements, registered migration agents must complete the CPD activities that have been approved by the Migration Agents Registration Authority (the 'Authority') (paragraph 2). These activities must have a value of at least 10 points (paragraph 3). The instrument specifies the new Distance Learning activities that are approved for CPD (paragraph 4). The Authority is responsible for specifying the approved activities and ensuring that registered migration agents are aware of them (paragraph 2).
There are no specific offences, penalties, or civil/criminal consequences mentioned in the instrument for breach of the CPD requirements. However, failure to complete the required CPD activities may result in a registered migration agent being unable to re-register (section 290A of the Migration Act 1958). The instrument is of a minor or machinery nature and does not substantially alter existing arrangements for CPD (paragraph 5). The retrospective nature of the notice does not disadvantage migration agents in any way (paragraph 10). The Commonwealth is neither advantaged nor disadvantaged by the retrospectivity (paragraph 11).