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 MN18-11b 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 |
20233 |
20234 |
20235 |
20236 |
25046 |
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 The activities which have been withdrawn are….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4 of Schedule 1 of the Migration Agents Regulations 1998, ensures that agents can still claim activities that have been withdrawn by this instrument, provided that they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.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 Commonwealth of Australia, address the need for ongoing professional development for migration agents to ensure they maintain high standards of practice. The Authority, under clause 3 of Schedule 1 of the Regulations, has the power to specify approved activities for continuing professional development, and these must be completed by registered agents to re-register. This Notice, made under clause 3, specifies Distance Learning activities approved for such purposes, revoking the previous listing and specifying new activities. The policy objective is to ensure that registered migration agents can claim credit for professional development activities they complete within the 12 months prior to applying for re-registration, thereby avoiding any disadvantage. The retrospective effect of the notice ensures that agents can still claim credit for withdrawn activities, provided they are undertaken before the notice is registered on the Federal Register of Legislative Instruments.
Scope and Application
The Migration Agents Regulations 1998, as amended by the Explanatory Statement F2011L00946, govern the activities approved for Continuing Professional Development (CPD) for registered migration agents in Australia. This legislation applies to all registered migration agents who must complete approved CPD activities, valued at a minimum of 10 points, to re-register under section 290A of the Migration Act 1958. The instrument specifies new Distance Learning activities that qualify for CPD purposes, thereby revoking the previous list of approved activities and altering those that are already specified. The instrument is of a minor or machinery nature, as it does not substantially alter existing arrangements for CPD and confers points on new activities. It is retrospective, allowing agents to claim credit for CPD activities completed within 12 months before applying for repeat registration, ensuring that they are not disadvantaged. This retrospective nature does not disadvantage migration agents, as clause 4 of Schedule 1 of the Regulations permits the claim of withdrawn activities, provided they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments. The Commonwealth is neither advantaged nor disadvantaged by this retrospectivity.
Key Provisions
The primary sections of the Migration Agents Regulations 1998, as amended by this Notice, pertain to the requirements for Continuing Professional Development (CPD) for registered migration agents. Section 290A of the Migration Act 1958 mandates that all registered migration agents must complete approved CPD activities, which are assigned a value of at least 10 points, to re-register. Clause 3 of Schedule 1 to the Regulations provides the Authority with the power to specify these approved activities, and this Notice specifically addresses the Distance Learning activities approved for CPD purposes. This regulatory update revokes the previous listing of approved CPD activities, published under the title Office of the Migration Agents (Continuing Professional Development – Distance Learning) Office of the MARA Notice MN18-11b of 2011, and introduces a new set of approved activities.
The Notice imposes obligations on registered migration agents to ensure that they undertake the CPD activities specified in the Notice to maintain their registration status. Agents must complete at least 10 points' worth of approved CPD activities to re-register. The Notice also mandates that the Authority must specify the approved CPD activities, which includes Distance Learning activities, and these must be published on the Authority's website. Agents must ensure they are aware of the current approved activities listed in the Notice and complete the necessary CPD to meet the re-registration requirements.
Breach of the CPD requirements under section 290A of the Migration Act 1958 may result in civil or criminal penalties, depending on the nature and severity of the breach. For instance, failure to complete the required CPD activities may result in the agent being unable to re-register, which could lead to the loss of their registration and the inability to practice as a migration agent. The penalties for non-compliance with the CPD requirements are not explicitly stated in the Notice but are likely to be outlined in the Migration Act 1958 or the Migration Agents Regulations 1998. Agents who fail to complete the required CPD activities may face fines, imprisonment, or both, depending on the severity of the breach.