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 MN16 - 05 of 2005, published on; 14/04/2005, 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 The instrument requires retrospectivity because it includes activities approved in previous notices which have now been revoked (see clause 1 of the Instrument).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, enacted by the Australian Parliament, were introduced to regulate the activities of migration agents in Australia and ensure their professional competence and adherence to ethical standards. This legislation, administered by the Migration Agents Registration Authority (the "Authority"), aims to protect the interests of clients by setting standards for the conduct and professional development of registered migration agents. The Explanatory Statement for the instrument specifies that it concerns approved activities for Continuing Professional Development for Registered Migration Agents. This instrument specifies approved Miscellaneous activities for Continuing Professional Development and revokes the previous notice, providing a new set of approved activities. The instrument is minor in nature, conferring points on new activities and altering previously approved activities. The instrument requires retrospective application to ensure that individuals who completed activities under the previous notice, which has now been revoked, are not disadvantaged. The retrospectivity is necessary to maintain the integrity of the professional development points system for registered migration agents, as required under section 290A of the Migration Act 1958.
Scope and Application
The Migration Agents Regulations 1998, as detailed in the Explanatory Statement, establish the framework for the Continuing Professional Development (CPD) of registered migration agents in Australia. This legislative instrument applies to registered migration agents, who are individuals authorised to provide migration services, and encompasses their professional development activities. The regulations are set within the Commonwealth jurisdiction, meaning they apply across Australia as a national standard. The Notice specifies approved activities for CPD, which are integral for maintaining the professional competence of migration agents. The approved activities, categorised as either core or elective, are allocated points to facilitate tracking of CPD efforts. The Notice revokes the previous listing of approved activities and updates the list to reflect new activities, ensuring that the CPD framework remains current and relevant. This update is effective retroactively to 1 April 1998, to prevent any disadvantage to agents who have previously completed CPD activities under now-revoked notices. The instrument itself is minor and does not substantially alter existing CPD arrangements, thus no further consultation was required for its implementation.
Key Provisions
The Migration Agents Regulations 1998 (Regulations) empower the Migration Agents Registration Authority (Authority) to specify approved activities for the Continuing Professional Development (CPD) of registered migration agents. These approved activities are intended to ensure that agents maintain and enhance their professional skills and knowledge. Under clause 3 of Schedule 1 of the Regulations, the Authority can specify these activities through notices published on its website. Each notice may detail the name of the activity, the provider of the activity (if applicable), whether the activity is classified as a core or elective activity, and the number of points awarded for each activity (section 2). The latest notice, issued under clause 3, specifies approved activities for CPD, revoking the previous notice titled "Migration Agents (Continuing Professional Development – Miscellaneous activities) MARA Notice MN16 - 05 of 2005" and introducing new activities as listed in the attached Schedule (section 4).
The new activities specified in the notice are designed to cater to the diverse needs of registered migration agents for their CPD. Each activity is assigned a status—either core or elective—and a specific number of points (section 5). This system ensures that migration agents can choose activities that best suit their professional development needs while also maintaining the required standards. The notice is of a minor or machinery nature, meaning it does not substantially alter existing CPD arrangements for registered migration agents but merely updates the list of approved activities (section 6).
To ensure fairness and continuity in professional development, the instrument requires retrospective application, effective from 1 April 1998. This means that activities approved under the previous notice, now revoked, are still recognized for CPD purposes as long as they were completed before the new notice was registered (sections 7 and 9). Without retrospective application, agents who completed approved activities under the old notice would be disadvantaged, as those activities would no longer count towards their CPD requirements under section 290A of the Migration Act 1958.
There are no offences, penalties, or specific consequences outlined for breaches of the CPD requirements in the notice itself. However, failure to comply with the CPD requirements can potentially lead to disciplinary actions against the agent’s registration under the Migration Act 1958. This could include suspension or cancellation of the agent’s registration, which would prevent them from practising as a migration agent in Australia.