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 MN19-06f of 2006, signed on 10/05/2006, 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
610312, 610313, 610314, 610315
7. The activities which have been withdrawn are….
650003, 650004
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4 of Schedule 1 of the Migration Agents Regulations 1998, ensures that agents can still claim activities that have been withdrawn by this instrument, provided that they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.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 by the Parliament of Australia to regulate the professional activities of migration agents in Australia, ensuring they meet high standards of competence and integrity. These regulations were introduced to address the need for a structured approach to the professional development of migration agents, enhancing the quality of services provided to individuals seeking migration advice and assistance. Clause 3 of Schedule 1 to the Regulations empowers the Migration Agents Registration Authority to specify approved activities for Continuing Professional Development (CPD), which are essential for re-registration. This notice, which specifies miscellaneous activities for CPD, revokes the previous notice MN19-06f of 2006 and updates the list of approved activities. The policy objective is to maintain and enhance the professional standards of registered migration agents by ensuring they undertake relevant and up-to-date CPD activities.
Scope and Application
The Migration Agents Regulations 1998, as amended, govern the conduct of registered migration agents in Australia, ensuring that these professionals maintain and enhance their expertise through Continuing Professional Development (CPD). This specific Notice, made under clause 3 of Schedule 1 of the Regulations, specifies activities approved for CPD purposes, which are necessary for agents to meet the re-registration requirements under section 290A of the Migration Act 1958. All registered migration agents must complete activities that have a value of at least 10 points to successfully re-register. The Notice outlines new activities approved for CPD, revokes previous activities listed in the 2006 notice, and ensures that migration agents can claim credit for activities completed within 12 months prior to applying for repeat registration, without any disadvantage to them or the Commonwealth. This instrument operates on a minor or machinery level, providing clarity and updating the approved activities list without altering the existing CPD framework substantially.
Key Provisions
The main operative sections of the Migration Agents Regulations 1998, as outlined in the explanatory statement, allow the Migration Agents Registration Authority (the 'Authority') to specify approved activities for Continuing Professional Development (CPD) by publishing a notice on its website. These activities, which must be completed by all registered migration agents to re-register under section 290A of the Migration Act 1958, have a value of at least 10 points. The notice specifies Miscellaneous activities approved for CPD and revokes the previous notice, Migration Agents (Continuing Professional Development – Miscellaneous activities) MARA Notice MN19-06f of 2006, replacing it with a new set of activities. The instrument is minor and does not substantially alter existing arrangements for CPD for registered migration agents.
The obligations imposed by the Act on registered migration agents include completing approved CPD activities that are valued at a minimum of 10 points. These activities must be undertaken to comply with the requirements for re-registration as stipulated in section 290A of the Migration Act 1958. The Authority's role involves specifying these approved activities through notices published on its website. Agents must ensure that any CPD activities completed within the 12 months prior to applying for repeat registration are listed in the notice to be eligible for credit.
Failure to complete the required CPD activities can result in consequences for the registered migration agents. Under section 290A of the Migration Act 1958, agents who do not complete the approved CPD activities with a minimum value of 10 points may face difficulties in re-registering. While the explanatory statement does not specify exact penalties for non-compliance, the implications of not meeting the CPD requirements could potentially affect an agent's ability to practice legally as a registered migration agent. The retrospective nature of the notice ensures that agents are not disadvantaged if they complete approved activities before the notice is published, provided they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.