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 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 Miscellaneous activities, which are approved for the purposes of Continuing Professional Development for registered migration agents.
4. The instrument revokes the notice entitled Migration Agents (Continuing Professional Development – Miscellaneous activities) MARA Notice MN50-08f of 2008, signed on 11/12/2008, 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….
7. The activities which have been withdrawn are….
Item |
610331 |
610332 |
610333 |
610337 |
610351 |
610352 |
610353 |
610354 |
8. The activities which have altered are:
9. The instrument revokes a previously published 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4 of Schedule 1 of the Migration Agents Regulations 1998, ensures that agents can still claim activities that have been withdrawn by this instrument, provided that they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.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 Australian Government, were introduced to regulate the activities of migration agents and ensure that they maintain a high standard of professional competence and conduct. The purpose of this regulation is to specify approved activities for the purposes of Continuing Professional Development (CPD) for registered migration agents, which they must complete to re-register under section 290A of the Migration Act 1958. Clause 3 of Schedule 1 to the Regulations empowers the Migration Agents Registration Authority (the 'Authority') to specify these activities by notice, published on its website. The explanatory statement outlines the replacement of a previous notice, MN50-08f, with new activities and the revocation of certain previously approved activities. The instrument is of a minor or machinery nature and does not substantially alter existing arrangements for CPD for registered migration agents. The retrospective effect of the notice ensures that agents can claim credit for CPD activities completed within the 12 months prior to applying for repeat registration, without disadvantaging the agents or the Commonwealth.
This instrument was made under the authority of the Migration Agents Regulations 1998 and is effective as of 1 April 1998. It revokes the previous notice and specifies new activities for CPD, ensuring that registered migration agents maintain their professional competence and conduct. The Authority ensures that the regulation of migration agents remains consistent and effective, with the objective of maintaining high standards in the industry.
Scope and Application
The Migration Agents Regulations 1998, as amended by this instrument, apply to registered migration agents in Australia who must complete approved activities for Continuing Professional Development (CPD) to re-register under section 290A of the Migration Act 1958. The instrument specifies new activities that have a value of at least 10 points for CPD purposes, revoking the previous listing of approved activities and altering some specified activities. This legislation affects all registered migration agents nationwide and does not substantially alter existing arrangements for CPD. The instrument is of a minor or machinery nature and confers points on new activities while revoking and altering the previously listed activities. The retrospective application of this notice ensures that registered migration agents can claim credit for CPD activities completed within the 12 months prior to applying for repeat registration, without any disadvantage to the agents or the Commonwealth.
Key Provisions
The key sections of the Migration Agents Regulations 1998 outline the requirements for continuing professional development (CPD) activities for registered migration agents, specifying approved activities necessary for re-registration. Section 290A of the Migration Act 1958 mandates that all registered agents must complete approved CPD activities, each with a minimum value of 10 points, to be eligible for re-registration. Clause 3 of Schedule 1 to the Regulations empowers the Migration Agents Registration Authority (the 'Authority') to specify these activities through a notice published on its website. This instrument specifies the approved activities for CPD purposes, revoking the previous notice, Migration Agents (Continuing Professional Development – Miscellaneous activities) MARA Notice MN50-08f of 2008, and introducing new activities while altering and withdrawing some existing ones.
The obligations imposed on migration agents by the Act and Regulations include the completion of at least 10 points worth of approved CPD activities. These activities are designed to ensure that agents maintain and enhance their professional competencies and stay updated with changes in migration laws and practices. Agents must adhere to the specified activities listed in the Regulations and ensure that any completed activities are registered and approved by the Authority. Furthermore, the retrospective nature of the notice allows agents to claim credit for activities completed within 12 months prior to applying for repeat registration, provided they were undertaken before the instrument was registered on the Federal Register of Legislative Instruments.
The consequences of non-compliance with the CPD requirements are significant. Under section 290A of the Migration Act 1958, failure to complete the requisite CPD activities can result in the refusal of re-registration for migration agents. This means that agents who do not meet the CPD requirements will be unable to renew their registration, thereby ceasing their ability to practice as registered migration agents. The regulations ensure that all agents are held to the same standards, maintaining the integrity and professionalism of the migration industry in Australia.