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 MN26-06f of 2006, signed on 29/06/2006, 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….
NIL
7. The activities which have been withdrawn are….
NIL
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4 of Schedule 1 of the Migration Agents Regulations 1998, ensures that agents can still claim activities that have been withdrawn by this instrument, provided that they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.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, enacted to enhance the professional standards of registered migration agents, provide a framework for the Continuing Professional Development (CPD) requirements that agents must meet to maintain their registration. The authority to specify approved CPD activities lies with the Migration Agents Registration Authority (the 'Authority'). This regulatory approach is designed to ensure that migration agents remain current in their knowledge and skills, thereby maintaining the integrity and quality of the migration services provided. The policy objective underpinning this legislation is to safeguard public interest by promoting competence and ethical conduct among registered migration agents. The explanatory statement indicates that the Authority has the capacity to update the list of approved CPD activities through notices published on its website, ensuring that the regulations can adapt to new professional standards and emerging issues in migration law and practice.
Scope and Application
The Migration Agents Regulations 1998, as amended by this Notice, apply to registered migration agents in Australia who are required to complete approved activities for Continuing Professional Development (CPD) in order to re-register under the Migration Act 1958. This Notice specifies new approved activities for CPD purposes, revokes the previous notice published on 29 June 2006, and does not substantially alter existing arrangements. It is designed to ensure that migration agents can claim credit for CPD activities completed before the new notice is published, thereby avoiding any disadvantage to them. The Notice applies across the Commonwealth of Australia and is effective as of 1 April 1998, with retrospective effect to allow for the claiming of CPD activities completed within the 12 months prior to application for repeat registration. The Commonwealth is neither advantaged nor disadvantaged by the retrospective nature of this Notice.
Key Provisions
The primary operative sections of the instrument revolve around clause 3 of Schedule 1 to the Migration Agents Regulations 1998, which allows the Migration Agents Registration Authority (the "Authority") to specify approved activities for Continuing Professional Development (CPD) of registered migration agents. This is detailed in section 2 of the explanatory statement. According to section 290A of the Migration Act 1958, all registered migration agents are required to complete these approved activities, which must have a value of at least 10 points, to re-register. The purpose of this instrument, as specified in section 3, is to specify Miscellaneous activities that are approved for CPD purposes.
The obligations imposed by the Act on registered migration agents are primarily focused on ensuring they undertake approved CPD activities. As stated in section 2, these activities must have a value of at least 10 points to meet the re-registration requirements under section 290A of the Migration Act 1958. This ensures that migration agents maintain their professional competency and stay updated with relevant migration laws and practices. The Authority's role is to specify these activities and update the list as necessary.
Regarding the consequences of breach, the explanatory statement does not explicitly detail specific offences, penalties, or civil/criminal consequences for non-compliance with the CPD requirements. However, it is implied that failure to complete the required CPD activities could result in difficulties with re-registration under section 290A of the Migration Act 1958. The retrospective nature of the notice, effective from 1 April 1998, ensures that agents who have completed CPD activities within the 12 months prior to applying for repeat registration are not disadvantaged, as stated in sections 9 and 10. Clause 4 of Schedule 1 of the Regulations further ensures that agents can still claim activities that have been withdrawn by the instrument, provided they are completed before the instrument is registered on the Federal Register of Legislative Instruments.