Overview

The Migration Agents Regulations 1998 were enacted to provide a framework for the regulation of migration agents in Australia. This legislation was introduced to address the need for ensuring that migration agents maintain and enhance their professional capabilities through continuing professional development. The enacting body was the Parliament of Australia, and the policy objective was to safeguard the public interest by ensuring that migration agents are competent and knowledgeable about the latest migration laws and practices. The explanatory statement reveals that the Regulations allow the Migration Agents Registration Authority to specify approved activities for Continuing Professional Development, which all registered migration agents must complete to re-register. The notice specifies new activities approved for Continuing Professional Development, replacing a previous notice and altering some existing activities. This change is minor and machinery in nature, maintaining existing arrangements while ensuring that migration agents can claim credit for activities completed before the notice is published.

Scope and Application

The explanatory statement pertains to an instrument made under the Migration Agents Regulations 1998, which specifies approved activities for the purposes of Continuing Professional Development (CPD) for registered migration agents. This instrument applies to all registered migration agents who are required to complete approved CPD activities to re-register under section 290A of the Migration Act 1958. The authority responsible for these regulations is the Migration Agents Registration Authority (the 'Authority'), which determines the activities that are approved for CPD. The instrument revokes the previous listing of approved activities and specifies a new set of activities, while ensuring that migration agents can still claim credit for activities that have been withdrawn, provided they were undertaken before the instrument was registered on the Federal Register of Legislative Instruments. The retrospective effect of the instrument ensures that registered migration agents are not disadvantaged if they complete any of the CPD activities listed in the notice within the 12 months prior to applying for repeat registration.

Key Provisions

The main operative sections of this legislation, under clause 3 of Schedule 1 to the Migration Agents Regulations 1998 (Regulations), allow the Migration Agents Registration Authority (the 'Authority') to specify, by notice published on its website, approved activities for the purposes of Continuing Professional Development (CPD) (paragraph 2). This notice specifies Miscellaneous activities, which are approved for the purposes of CPD for registered migration agents (paragraph 3). The instrument revokes the notice entitled Migration Agents (Continuing Professional Development – Miscellaneous activities) MARA Notice MN18-09f of 2009, signed on 1 May 2009, and specifies a new set of activities (paragraph 4). This instrument is of a minor or machinery nature and does not substantially alter existing arrangements for the purposes of CPD for registered migration agents; it merely 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 (paragraph 5). The obligations imposed by this instrument on the parties it governs include the requirement for all registered migration agents to complete approved CPD activities that have a value of at least 10 points in order to re-register under section 290A of the Migration Act 1958 (paragraph 2). The Authority is responsible for specifying these activities and publishing the relevant notice on its website, ensuring that the approved activities align with the CPD requirements for registered migration agents (paragraph 2). Registered migration agents must ensure that they complete the specified activities within the required timeframe and accumulate the necessary points to meet the CPD requirements for re-registration (paragraph 2). There are no explicit offences, penalties, or civil/criminal consequences outlined in this instrument for breach of its provisions. However, failure to complete the required approved CPD activities and accumulate the necessary points may result in the registered migration agent being unable to re-register under section 290A of the Migration Act 1958 (paragraph 2). This would mean that the agent would be unable to continue their practice as a registered migration agent, potentially causing significant professional and financial consequences. The retrospective nature of the notice ensures that agents are not disadvantaged if they complete any of the CPD activities listed in the notice before it is published (paragraph 9).