Overview

The Migration Agents Regulations 1998, enacted by the Australian Parliament, aim to regulate the activities of migration agents and ensure their ongoing professional development. This legislation was introduced to address the need for a structured framework governing the conduct and qualifications of migration agents, ensuring they remain competent and up-to-date with legislative changes and industry standards. The Authority under these Regulations specifies approved activities for Continuing Professional Development (CPD) which migration agents must complete to maintain their registration. The explanatory statement for F2007L00158 clarifies that this instrument updates the list of approved CPD activities, revoking the previous notice and introducing new activities while ensuring no disadvantage to agents who have completed activities before the notice was published. The policy objective is to maintain high standards of professional conduct and expertise among migration agents, thereby protecting the integrity of the migration process.

Scope and Application

The Migration Agents Regulations 1998 provide a framework for the Continuing Professional Development of registered migration agents in Australia. These regulations, established under clause 3 of Schedule 1, empower the Migration Agents Registration Authority (the 'Authority') to specify approved activities that migration agents must complete to re-register under section 290A of the Migration Act 1958. The scope of this legislation applies to all registered migration agents who are required to accumulate at least 10 points through approved activities to maintain their registration. This legislation has a national reach across Australia, as it operates under the Commonwealth’s legislative authority. The explanatory statement notes that this instrument is of a minor or machinery nature, clarifying that it does not substantially alter existing arrangements but updates the list of approved activities, revokes outdated activities, and introduces new ones. The retrospective application ensures that agents can claim credit for activities completed within 12 months prior to applying for re-registration, without any disadvantage to either the agents or the Commonwealth.

Key Provisions

The Migration Agents Regulations 1998 (the "Regulations") have been updated to include a new notice specifying approved activities for Continuing Professional Development (CPD) for registered migration agents. This notice (F2007L00158) was made under clause 3 of Schedule 1 to the Regulations and is effective as of 1 April 1998. Clause 3 allows the Migration Agents Registration Authority (the "Authority") to specify approved activities through a notice published on its website. 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 (section 290A). The notice specifies new activities approved for CPD purposes, revoking the previous notice, Migration Agents (Continuing Professional Development – Miscellaneous activities) MARA Notice MN41-06f of 2006, and replacing it with new activities. Activities added include Items 610145, 610146, 610173, 610208, and 610350. Activities removed from the list are Items 610104, 610105, 610132, 610133, 610134, 610135, 610166, 610167, and 610168. Some activities have been altered, including Items 610205, 610267, and 610312. The purpose of this notice is to ensure that the list of approved CPD activities is current and relevant for the professional development of registered migration agents. The obligations imposed on registered migration agents by this notice include the requirement to complete approved CPD activities that have a value of at least 10 points to be eligible for re-registration under section 290A of the Migration Act 1958. Agents must ensure that they undertake activities listed in the notice and maintain records of their CPD activities to provide evidence of compliance when applying for re-registration. Failure to complete the required CPD activities may result in the inability to re-register as a migration agent, which could lead to the cessation of professional practice in this field. There are no specific offences, penalties, or consequences outlined in the explanatory statement for failing to comply with the requirements of this notice. However, the failure to complete the required CPD activities may result in the inability to re-register as a migration agent, which could lead to the cessation of professional practice in this field. The primary consequence for non-compliance is the inability to maintain registration and continue working as a migration agent in Australia. It is important for registered migration agents to stay informed about the approved CPD activities and ensure they meet the requirements set forth in the notice to maintain their registration status.