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 MN5-06f of 2006, signed on 01/02/2006, 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….
Item
610170, 610280, 610281, 610282, 610283, 610291, 610292, 610293, 610294, 610297,
610298, 610299, 650009, 650010,
7. The activities which have been withdrawn are….
Item
610004, 610007, 610009, 610012, 610015, 610016, 610017, 610021, 610022, 610023,
610025, 610026, 610027, 650001, 650002
8. The activities which have altered are:
NIL
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 were enacted to ensure that migration agents maintain their professional competence and integrity. This was achieved by establishing a framework for Continuing Professional Development (CPD) activities that agents must complete to re-register. The regulations were designed to address the need for ongoing education and training for migration agents, ensuring they stay informed about the latest legal and procedural developments in migration law. The policy objective was to safeguard the interests of clients by ensuring that agents provide accurate and up-to-date advice. The instrument, which specifies approved CPD activities, was made under clause 3 of Schedule 1 of the Regulations and published by the Migration Agents Registration Authority. It serves to update the list of approved activities, revoking the previous notice and introducing new activities to better reflect current professional standards and requirements.
Scope and Application
The Migration Agents Regulations 1998, through this explanatory statement, address the requirement for registered migration agents to engage in continuing professional development (CPD) to maintain their registration. This applies to all registered migration agents within Australia, who must complete approved CPD activities, each valued at a minimum of 10 points, to re-register under the Migration Act 1958. The instrument specifies approved CPD activities, revoking the previous listing and replacing it with new activities while ensuring no substantial alteration to existing CPD arrangements. The notice applies nationally and is effective retroactively to allow agents to claim credit for activities completed prior to the notice's publication, provided they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments. This retrospective application ensures no disadvantage to agents or the Commonwealth.
Key Provisions
The Migration Agents Regulations 1998 (MARA) specify that registered migration agents must complete approved activities for Continuing Professional Development (CPD) to re-register under section 290A of the Migration Act 1958 (section 3). These activities are outlined in notices published by the Migration Agents Registration Authority (the 'Authority') on its website. The primary purpose of the instrument under review is to specify new Miscellaneous activities approved for CPD for registered migration agents (clause 3). This Notice revokes the previous notice entitled Migration Agents (Continuing Professional Development – Miscellaneous activities) MARA Notice MN5-06f of 2006 and introduces a new set of approved activities.
The new activities specified in this Notice include a range of CPD activities that migration agents can undertake, each assigned a unique item number (item 6). These activities are designed to enhance the professional skills and knowledge of migration agents, ensuring they remain competent and up-to-date with current migration laws and practices. The Authority has determined that these activities are suitable for CPD purposes and has assigned them specific point values to be used in calculating the CPD requirements for re-registration.
Registered migration agents are obligated to complete approved CPD activities, including the new Miscellaneous activities listed in this Notice, to meet the re-registration requirements under the Migration Act 1958. They must ensure that the total value of their completed CPD activities equals at least 10 points, as stipulated in section 290A of the Act. This requirement is intended to maintain a high standard of professional competence and integrity within the migration agent profession.
The instrument does not introduce any new offences, penalties, or consequences for breach. However, failure to complete the required CPD activities could result in a migration agent being unable to re-register under section 290A of the Migration Act 1958. This would prevent the agent from continuing to practise legally and could have significant professional and financial repercussions. The retrospective nature of the Notice ensures that agents can still claim credit for activities completed within 12 months before the Notice was published, provided they were undertaken before the instrument was registered on the Federal Register of Legislative Instruments (clause 4). This provision ensures that agents are not disadvantaged by the changes in the approved activities list.