Overview

The Migration Agents Regulations 1998 were enacted to ensure that migration agents meet continuing professional development requirements, ensuring they maintain their competence and integrity in their practice. This regulation is particularly important in addressing the need for ongoing education and training for migration agents to keep up with changes in migration law and practices. The Migration Agents Registration Authority, established under the Migration Act 1958, has the power to specify approved activities for continuing professional development. The Authority's role is crucial in maintaining high standards within the profession, which in turn protects the interests of migrants and the integrity of the Australian migration system. This legislative framework ensures that migration agents are equipped with the necessary skills and knowledge to provide accurate and reliable advice and services.

Scope and Application

The Explanatory Statement outlines the provisions of a notice made under clause 3 of Schedule 1 to the Migration Agents Regulations 1998, which specifies approved activities for the purposes of Continuing Professional Development (CPD) for registered migration agents. This notice, which revokes the previous listing of approved activities and sets out new activities, is crucial for registered migration agents to complete as a prerequisite for re-registration under section 290A of the Migration Act 1958. The activities specified in the notice confer a value of at least 10 points necessary for CPD requirements. The notice is of a minor or machinery nature, meaning it does not substantially alter existing arrangements for CPD but rather updates the list of approved activities, revokes the previous notice, and alters certain specified activities. The instrument is effective retrospectively to 1 April 1998, allowing agents to claim credit for activities completed within the 12 months prior to applying for repeat registration, thereby ensuring no disadvantage to the agents. This retrospectivity does not affect the Commonwealth's position as clause 4 of Schedule 1 of the Regulations ensures that withdrawn activities can still be claimed if undertaken before the notice is registered on the Federal Register of Legislative Instruments.

Key Provisions

The primary operative sections of this instrument are clause 3 of Schedule 1 to the Migration Agents Regulations 1998 (paragraph 2), which allows the Migration Agents Registration Authority (the 'Authority') to specify approved activities for Continuing Professional Development (CPD) through a notice published on its website. Registered migration agents must complete these approved activities, which have a value of at least 10 points, to re-register under section 290A of the Migration Act 1958 (paragraph 2). The instrument revokes the previous notice, Migration Agents (Continuing Professional Development – Miscellaneous activities) MARA Notice MN21-08f of 2008, and specifies a new set of activities (paragraph 4). It is noted that this instrument is of a minor or machinery nature and does not substantially alter existing arrangements for CPD for registered migration agents (paragraph 5). The obligations and requirements imposed by the Act on registered migration agents include completing approved CPD activities with a value of at least 10 points to be eligible for re-registration. The Authority's role is to specify these approved activities through notices published on its website. The instrument also requires that agents ensure they complete any CPD activities before the instrument is registered on the Federal Register of Legislative Instruments if they wish to claim credit for activities that have been withdrawn (paragraph 10). This ensures that agents are not disadvantaged if they complete activities before the notice is published. There are no specific offences, penalties, or civil/criminal consequences mentioned for breach of the provisions in this instrument. However, failure to complete the required CPD activities could result in a registered migration agent being ineligible for re-registration, which would effectively prevent them from continuing to practice as a migration agent. The retrospective nature of the notice is designed to ensure that agents are not disadvantaged if they complete activities before the notice is published, and it does not disadvantage migration agents in any way (paragraphs 9 and 10). The Commonwealth is also neither advantaged nor disadvantaged by the retrospectivity (paragraph 11).