Overview

The Migration Agents Regulations 1998, enacted in 1998, were established to regulate the professional conduct and continuing education of registered migration agents. The Regulations were introduced to address the need for a standardised framework to ensure that migration agents maintain high professional standards and keep their knowledge up to date with the evolving migration laws and policies. This legislation was enacted by the Australian Parliament to provide a comprehensive regulatory system that protects the interests of individuals seeking migration services. The overarching policy objective is to ensure that migration agents are competent and capable of providing reliable advice and services to clients. The Explanatory Statement outlines a notice made under the Migration Agents Regulations 1998, specifying new approved activities for Continuing Professional Development (CPD) for registered migration agents. The notice revokes the previous listing of approved CPD activities and introduces new ones, ensuring that the CPD requirements remain relevant and reflective of current professional standards. The instrument is of minor nature and does not substantially alter existing CPD arrangements. Importantly, the notice is retrospective, effective from 1 April 1998, allowing agents to claim credit for CPD activities completed within the 12 months prior to applying for repeat registration, thus preventing any disadvantage to agents who complete activities before the notice is published. This retrospectivity does not disadvantage migration agents or the Commonwealth, as clause 4 of Schedule 1 of the Regulations permits the claiming of withdrawn activities if undertaken before the notice is registered.

Scope and Application

The Migration Agents Regulations 1998, through this instrument, specify approved activities for Continuing Professional Development (CPD) for registered migration agents. These activities must be completed to meet the re-registration requirements under section 290A of the Migration Act 1958, with each activity having a value of at least 10 points. This notice, made under clause 3 of Schedule 1 to the Regulations, allows the Migration Agents Registration Authority (the 'Authority') to specify these approved activities on its website. It revokes the previous notice from 2008 and introduces a new set of activities while ensuring that any CPD activities completed within the 12 months prior to the notice's registration are still eligible for credit. This retrospective approach ensures that agents are not disadvantaged and the Commonwealth is not advantaged or disadvantaged, as per clause 4 of Schedule 1 of the Regulations. The instrument is minor and does not substantially alter existing CPD arrangements for registered migration agents.

Key Provisions

The Migration Agents Regulations 1998 (the "Regulations") under clause 3 of Schedule 1 empower the Migration Agents Registration Authority (the "Authority") to specify activities 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, with a minimum value of 10 points, to re-register. This requirement ensures that agents maintain a high standard of professional competence. The obligations imposed by these regulations on migration agents are to complete CPD activities that have been specified by the Authority. The activities must be approved and must have a value of at least 10 points, as stipulated in section 290A of the Migration Act 1958. Failure to complete these approved activities could result in the agent being unable to re-register, thereby losing their registration status. The Act does not explicitly outline specific offences, penalties, or consequences for non-compliance with the CPD requirements within the explanatory statement. However, it is implied that failure to complete the necessary CPD activities could result in the inability to re-register as a migration agent. This consequence effectively bars the agent from practising in the field of migration services, which could have significant professional and financial implications. The explanatory statement does not provide details on maximum penalties, but it can be inferred that the primary consequence is the loss of registration status, which is a severe professional penalty.