Overview

The "Migration Agents Regulations 1998" were enacted to provide a regulatory framework for the professional conduct and activities of migration agents in Australia. This legislative instrument was introduced to address the need for ongoing professional development and to ensure that migration agents maintain and improve their competencies in a rapidly evolving field. The enacting body for these regulations is the Australian Parliament, with the objective of maintaining high standards of professional conduct and ensuring that migration agents are adequately qualified and knowledgeable to provide services to clients. This explanatory statement outlines a notice made under the regulations, specifying approved activities for continuing professional development for migration agents, including the introduction of new distance learning activities and the revocation of outdated ones. The notice is of a minor nature, maintaining existing arrangements without substantially altering them, and it operates retrospectively to allow agents to claim credit for activities completed before the notice was published.

Scope and Application

The Migration Agents Regulations 1998, as amended by the notice F2011L00677, apply to registered migration agents in Australia. These regulations mandate that all registered migration agents must complete approved activities that have a value of at least 10 points to re-register under section 290A of the Migration Act 1958. The notice specifies approved Distance Learning activities for Continuing Professional Development (CPD) and revokes a previous notice, replacing it with a new set of activities. The notice is effective from 1 April 1998, allowing agents to claim credit for CPD activities completed within the 12 months prior to applying for repeat registration. The instrument does not substantially alter existing arrangements for CPD and does not require consultation, as it is of a minor or machinery nature. The notice confers points on new activities and revokes the previous listing of approved activities, altering those specified as approved activities by the Authority.

Key Provisions

The Migration Agents Regulations 1998 (the Regulations) empower the Migration Agents Registration Authority (the Authority) to specify approved activities for the purposes of Continuing Professional Development under clause 3 of Schedule 1. Section 290A of the Migration Act 1958 mandates that all registered migration agents must complete approved activities worth at least 10 points to re-register. This Notice specifies Distance Learning activities approved for Continuing Professional Development for registered migration agents. It replaces the previous notice, Office of the Migration Agents (Continuing Professional Development – Distance Learning) Office of the MARA Notice MN14-11b of 2011, by introducing a new set of activities. The Notice imposes obligations on registered migration agents to complete these approved Distance Learning activities to meet the Continuing Professional Development requirements. These activities must be undertaken to accumulate the required points for re-registration. The Authority specifies these activities to ensure that migration agents maintain their professional standards and knowledge base. Failure to complete the required activities can lead to difficulties in re-registering, potentially impacting their ability to practise as a migration agent. The Notice also outlines specific activities that have been revoked or altered, ensuring that agents are aware of the current approved activities. By revoking and altering these activities, the Notice aims to keep the Continuing Professional Development framework up to date and relevant. Any breach of the requirement to complete approved activities can lead to non-compliance with re-registration standards, which may result in penalties under the Migration Act 1958. While the Notice specifies activities and revokes previous ones, it does not introduce new substantive changes that would disadvantage migration agents. The retrospective application of the Notice ensures that agents who completed activities within the 12 months prior to applying for repeat registration can still claim credit for these activities. This approach protects the interests of both the migration agents and the Commonwealth, ensuring fairness and continuity in the Continuing Professional Development framework.