EXPLANATORY STATEMENT
Migration Agents Regulations 1998
- This Notice is made under clause 3 of Schedule 1 to the Migration Agents 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 website, approved activities for the purposes of Continuing Professional Development for registered migration agents. The notice may include in relation to each activity: the name of the activity; the provider (if any) of the activity; whether the activity is a core activity or an elective activity; and the number of points for each activity.
3. The purpose of the Instrument is to specify approved Miscellaneous activities for the purposes of Continuing Professional Development for Registered Migration Agents.
4. The instrument will revoke the notice entitled Migration Agents (Continuing Professional Development – Miscellaneous activities) MARA Notice MN4 - 05 of 2005, published on; 18/01/2005, and specify a new set of material described in columns 2 and 3 of an item as set out in the attached Schedule.
5. These new activities are approved activities for the purposes of clause 3 of Schedule 1 to the Regulations. They are approved activities for the purposes of Continuing Professional Development for Registered Migration Agents with the status specified in column 4; and having the value specified in column 5.
6. 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. The instrument 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 under these circumstances is not required.
7. The instrument revokes a previously published notice however the new notice must be approved effective on 1 April 1998. Accordingly the instrument requires retrospective application.
8. The instrument requires retrospectivity because it includes activities approved in previous notices which have now been revoked (see clause 1 of the Instrument).
9. Unless retrospectivity is granted, that is the Notice is effective from 1 April 1998, individuals who have completed activities under previous notices (now revoked) will be disadvantaged as the activities undertaken before the instrument is registered will have the effect of no longer being approved activities. Therefore individuals who completed an approved activity at the time of undertaking the activity will be unable to rely on these points for continuing professional development – required under section 290A of the Migration Act 1958.
10. The Commonwealth is neither advantaged nor disadvantaged by the retrospectivity.
Overview
The Migration Agents Regulations 1998 were enacted to regulate the activities of migration agents in Australia, ensuring that they meet certain standards of competence and conduct. This piece of legislation was introduced to address the need for a regulatory framework that maintains the integrity and professionalism of migration agents, thereby protecting the interests of clients and the broader public. The Authority responsible for enacting this legislation is the Australian Parliament. The overarching policy objective of the Act is to provide a structured and transparent system for the registration and ongoing professional development of migration agents, ensuring that they remain knowledgeable and skilled in their practice.
This Explanatory Statement pertains to a notice made under the Regulations to specify approved activities for the purposes of Continuing Professional Development for Registered Migration Agents. The notice specifies approved activities, their providers, their status as core or elective activities, and the points assigned to each activity. The notice revokes a previous set of approved activities and introduces new ones, effective from 1 April 1998, necessitating retrospective application to prevent disadvantaging individuals who completed activities under the previous notice. This approach ensures that the transition to the new activities does not unfairly impact those who participated in the now-revoked activities.
Scope and Application
The Migration Agents Regulations 1998, as modified by the Explanatory Statement, apply to registered migration agents who are required to undertake Continuing Professional Development (CPD). The scope of this legislation pertains to the activities that migration agents can undertake to meet their CPD obligations. The Authority, established under the Migration Agents Regulations 1998, is responsible for specifying these approved activities, which can be either core or elective, and assigning points to each activity. The legislative framework allows for these activities to be outlined in notices published on the Authority’s website. This specific instrument revokes the previous notice, MN4 - 05 of 2005, and introduces a new set of approved activities, with each activity assigned a status and points value. The instrument is designed to be retrospective, effective from 1 April 1998, to ensure that activities undertaken under the previous notice remain valid for CPD purposes, thus preventing any disadvantage to those who have already completed such activities.
Key Provisions
The key operative sections of this legislation specify the activities approved for the Continuing Professional Development of Registered Migration Agents under clause 3 of Schedule 1 to the Migration Agents Regulations 1998. This includes the name of each activity, whether it is a core or elective activity, the provider of the activity (if any), and the points allocated for each activity (section 2). The new approved activities are detailed in the attached Schedule and these activities are approved under clause 3 of Schedule 1 to the Regulations (section 5). The instrument revokes the previous notice, titled Migration Agents (Continuing Professional Development – Miscellaneous activities) MARA Notice MN4 - 05 of 2005, and replaces it with a new set of activities (section 4). The instrument also requires retrospective application to ensure that individuals who completed activities under the previous notice are not disadvantaged (section 8).
The Act imposes obligations on the Migration Agents Registration Authority (the 'Authority') to specify approved activities for the purposes of Continuing Professional Development for registered migration agents. The Authority must publish these approved activities on its website and specify details such as the name of the activity, the provider (if any), whether it is a core or elective activity, and the number of points allocated for each activity (section 3). The Authority must ensure that these activities comply with the requirements of clause 3 of Schedule 1 to the Regulations and section 290A of the Migration Act 1958. The Authority must also ensure that the new notice is approved and effective from 1 April 1998 to avoid disadvantaging individuals who completed activities under the previous notice (section 7).
Any breaches of the provisions in this legislation may result in penalties and consequences. Although the explanatory statement does not specify exact penalties, breaches of the Migration Agents Regulations 1998 or the Migration Act 1958 could result in fines, imprisonment, or other civil or criminal consequences. For example, section 290A of the Migration Act 1958 requires registered migration agents to undertake Continuing Professional Development, and failure to comply with this requirement could result in penalties. The maximum penalties for breaches of the Migration Agents Regulations 1998 and the Migration Act 1958 vary depending on the specific offence and may include fines of up to $21,000 for individuals and $105,000 for bodies corporate, as well as imprisonment for up to two years (sections not specified in the explanatory statement).