Overview

The Migration Agents Regulations 1998 were enacted to ensure that migration agents maintain their professional competence and integrity by engaging in continuing professional development. The primary objective of this legislation is to regulate the professional activities of migration agents to protect the public and ensure the effective administration of migration laws. The Authority, which is the Migration Agents Registration Authority, is responsible for specifying approved activities that migration agents must complete to maintain their registration. The policy objective is to uphold high standards in the migration industry, ensuring that agents are adequately trained and knowledgeable about the latest developments in migration law and practice. This legislation fills a critical gap by providing a structured framework for professional development, which is essential for the competent and ethical practice of migration agency. This explanatory statement outlines the revocation of the previous notice, Migration Agents (Continuing Professional Development – Miscellaneous activities) MARA Notice MN13-08f of 2008, and the specification of a new set of approved activities for continuing professional development. The new notice includes additional activities while revoking and altering certain existing activities, ensuring that the list remains relevant and comprehensive. The retrospective application of this notice ensures that migration agents are not disadvantaged if they completed any of the listed activities prior to the notice being published, thereby maintaining fairness and continuity in the professional development requirements.

Scope and Application

The explanatory statement pertains to the Migration Agents Regulations 1998, which establish criteria for Continuing Professional Development (CPD) for registered migration agents. This instrument, made under clause 3 of Schedule 1 of the Regulations, specifies activities approved for CPD purposes and revokes the previous notice, MN13-08f of 2008, introducing a new set of activities. The notice is applicable to all registered migration agents who must complete approved CPD activities, each valued at a minimum of 10 points, to re-register under section 290A of the Migration Act 1958. The activities are determined by the Migration Agents Registration Authority and are published on its website. The instrument does not require consultation as it is of a minor or machinery nature, not substantially altering existing arrangements. It is retrospective, effective from 1 April 1998, ensuring agents can claim credit for activities completed within 12 months prior to applying for repeat registration. The retrospective nature does not disadvantage agents, as they can still claim withdrawn activities if undertaken before the instrument is registered on the Federal Register of Legislative Instruments.

Key Provisions

The Migration Agents Regulations 1998, as modified by this notice, establish specific activities that are approved for Continuing Professional Development (CPD) for registered migration agents (section 3 of Schedule 1). These activities are necessary for agents to complete in order to maintain their registration under section 290A of the Migration Act 1958. The new activities specified in the notice are designed to provide a structured pathway for agents to demonstrate their ongoing professional competence and adherence to regulatory standards. This notice revokes the previous notice, "Migration Agents (Continuing Professional Development – Miscellaneous activities) MARA Notice MN13-08f of 2008," and introduces a revised list of approved CPD activities, ensuring that the activities remain relevant and up-to-date. The obligations imposed on registered migration agents under this notice include completing approved CPD activities that have a value of at least 10 points to remain eligible for re-registration. This requirement is critical in ensuring that agents stay informed about changes in migration laws and practices, and maintain a high standard of professional conduct. Agents must also be aware of the activities that have been withdrawn or altered, as they are no longer considered valid for CPD purposes. By specifying these activities, the notice provides a clear framework for agents to follow in their professional development. Failure to comply with the CPD requirements outlined in the notice can result in civil or administrative penalties. Specifically, registered migration agents who do not complete the required CPD activities may face difficulties in re-registering, which could potentially lead to the suspension or cancellation of their registration. The notice ensures that agents are aware of the activities they need to undertake and the importance of adhering to these requirements to maintain their professional standing. The retrospective nature of the notice ensures that agents who complete approved activities before the notice is registered can still claim credit for these activities, provided they were undertaken within the specified timeframe. The penalties and consequences for non-compliance with the CPD requirements are significant. Registered migration agents who fail to complete the required CPD activities may find themselves unable to re-register, which could result in their professional activities being suspended or terminated. This could have serious implications for their careers and for the clients they serve, as unregistered agents are not permitted to provide migration services. The notice aims to ensure that agents are aware of their obligations and the importance of staying current with their professional development to avoid any potential penalties or consequences.