Overview

The Migration Agents Regulations 1998, enacted by the Australian Government, were introduced to regulate the professional conduct of migration agents. This legislative instrument, F2011L01254, was created under clause 3 of Schedule 1 of the Regulations by the Migration Agents Registration Authority. Its purpose is to specify approved activities for Continuing Professional Development for registered migration agents, allowing them to maintain their registration. This notice revokes the previous listing of approved Distance Learning activities and sets out new activities, conferring points on these new activities, thereby ensuring that registered migration agents can continue to meet the required standards for re-registration without substantial alteration of existing arrangements. The retrospective nature of this notice ensures that migration agents can claim credit for activities they completed prior to the publication of the notice, without any disadvantage to them or the Commonwealth.

Scope and Application

The explanatory statement outlines a notice made under the Migration Agent Regulations 1998, specifying approved Distance Learning activities for Continuing Professional Development (CPD) for registered migration agents. This notice is crucial for registered migration agents who must complete CPD activities valued at a minimum of 10 points to re-register under the Migration Act 1958. The purpose of this notice is to update and specify new Distance Learning activities approved by the Migration Agents Registration Authority (the Authority). It revokes the previous listing of approved activities and specifies new activities that confer points, thereby altering the existing arrangements for CPD. The notice is minor and machinery in nature, and it does not require consultation as it does not substantially alter existing arrangements. The notice is retrospective, effective as of 1 April 1998, to ensure that agents can claim credit for any CPD activities they have completed within the 12 months prior to applying for repeat registration. This retrospective application ensures that agents are not disadvantaged and that the Commonwealth is neither advantaged nor disadvantaged.

Key Provisions

The main operative sections of the legislation (subsection 2) specify that the Migration Agents Registration Authority (the 'Authority') can publish a notice on its website to specify approved activities for Continuing Professional Development (CPD) under clause 3 of Schedule 1 to the Migration Agents Regulations 1998. Registered migration agents are required to complete these approved CPD activities, which must have a value of at least 10 points, to re-register under section 290A of the Migration Act 1958. This Notice revokes the previous listing of approved CPD activities and specifies a new set of activities, particularly focusing on Distance Learning activities. The obligations and requirements imposed by the Act (subsection 3) include the necessity for all registered migration agents to engage in approved CPD activities as specified in the notice. The new notice lists specific Distance Learning activities that are now approved for CPD purposes. Agents must ensure they complete these activities to meet the re-registration requirements. The Authority is responsible for specifying these activities and ensuring they meet the CPD criteria. Additionally, agents must be aware of the activities that have been withdrawn and those that have been altered to avoid any confusion regarding their CPD obligations. Under the legislation, there are no explicit offences or penalties mentioned for failing to comply with the specified CPD activities (subsection 4). However, the failure to complete the required CPD activities could potentially impact an agent's ability to re-register, leading to a cessation of their professional practice as a migration agent. The retrospective application of the notice ensures that agents can still claim credit for activities completed within the 12 months prior to applying for repeat registration, provided these activities are undertaken before the notice is registered on the Federal Register of Legislative Instruments. The instrument's retrospective nature, effective from 1 April 1998, aims to ensure that registered migration agents are not disadvantaged if they complete any of the CPD activities before the notice is published (subsection 5). This retrospectivity aligns with clause 4 of Schedule 1 of the Migration Agents Regulations 1998, which allows agents to claim activities that have been withdrawn by this instrument, as long as they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments. This provision ensures fairness and continuity in the CPD requirements for migration agents.