Overview

The Migration Agents Regulations 1998, amended by F2007L02314, were enacted to provide clarity and specificity regarding approved activities for the purpose of Continuing Professional Development (CPD) for registered migration agents. This instrument was introduced to address the need for a clear and updated list of activities that migration agents must complete to maintain their registration. The instrument was made under the authority of the Migration Agents Registration Authority (the 'Authority'), which is responsible for administering the registration and CPD requirements for migration agents. The policy objective is to ensure that migration agents maintain their professional competence and adhere to the CPD requirements as stipulated under section 290A of the Migration Act 1958. This notice revokes the previous listing of approved activities and specifies new activities, while ensuring that agents are not disadvantaged if they complete any of these activities before the notice is published. The retrospective nature of the notice ensures that agents can still claim activities that have been withdrawn, provided they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.

Scope and Application

The Migration Agents Regulations 1998, under clause 3 of Schedule 1, empower the Migration Agents Registration Authority (the 'Authority') to specify, by notice published on its website, approved activities for the purposes of Continuing Professional Development. This legislative framework applies to all registered migration agents who 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. The explanatory statement outlines that this instrument specifies new activities approved for Continuing Professional Development and revokes a previous notice. The new activities confer points and replace the previously listed approved activities. Notably, the instrument is minor in nature, does not substantially alter existing arrangements, and thus does not require consultation. The retrospective application of the notice, effective from 1 April 1998, ensures that registered migration agents can claim credit for activities completed within 12 months prior to applying for repeat registration, without disadvantaging either the agents or the Commonwealth.

Key Provisions

The primary sections of the Migration Agents Regulations 1998 that are relevant here include section 3 of Schedule 1, which empowers the Migration Agents Registration Authority (the 'Authority') to specify approved activities for Continuing Professional Development through a notice on its website. This is crucial as section 290A of the Migration Act 1958 mandates that all registered migration agents must complete these approved activities, which must have a value of at least 10 points, to re-register. The explanatory statement clarifies that the notice in question specifies Miscellaneous activities approved for Continuing Professional Development and revokes the previous notice from 2007, updating the list of activities. The obligations imposed by this Act on registered migration agents are clear: they must engage in approved Continuing Professional Development activities and ensure these activities have a minimum value of 10 points. This is a statutory requirement for re-registration. The Authority, through this notice, sets out what activities are considered approved and alters, adds, or revokes these activities as needed. Migration agents must stay informed about these changes to comply with the law and maintain their registration status. The explanatory statement notes that while the notice is minor and does not substantially change existing arrangements, it is necessary to ensure clarity and updated standards for Continuing Professional Development. There are no specific offences, penalties, or consequences mentioned in the explanatory statement for non-compliance with these requirements, but it is implied that failure to complete the required activities could lead to difficulties in re-registering. The retrospective nature of the notice, effective from 1 April 1998, ensures that agents can still claim credit for activities completed within 12 months prior to applying for repeat registration, mitigating any potential disadvantage. This notice’s retrospectivity does not disadvantage migration agents, ensuring they are not unfairly penalized if they completed approved activities before the notice was updated.