Overview

The Migration Agents Regulations 1998, enacted in 1998, established a framework to regulate the activities of migration agents in Australia. The explanatory statement for F2006L03011 provides clarification on the approved activities for Continuing Professional Development (CPD) for registered migration agents. This notice, issued by the Migration Agents Registration Authority under clause 3 of Schedule 1 of the Regulations, specifies the approved activities for CPD purposes and revokes the previous listing, effective from 1 April 1998. The purpose of this instrument is to update the activities that migration agents must complete to re-register under section 290A of the Migration Act 1958. The policy objective is to ensure that registered migration agents maintain and enhance their professional skills and knowledge, thereby upholding the integrity of the migration process.

Scope and Application

The Migration Agents Regulations 1998 govern the professional development requirements for registered migration agents in Australia, ensuring they maintain their competency and knowledge in the field. This legislation applies to all registered migration agents who are required to complete approved Continuing Professional Development (CPD) activities to re-register under the Migration Act 1958. The regulations are overseen by the Migration Agents Registration Authority (the 'Authority') which specifies these activities via notices published on its website. These activities must have a value of at least 10 points. The geographic reach of these regulations is national, as they apply across Australia. The explanatory statement indicates that the instrument is of a minor or machinery nature and does not substantially alter existing arrangements for CPD for registered migration agents. It specifies new activities, revokes the previous listing of approved activities, and alters those activities specified as approved activities by the Authority. The notice is retrospective to 1 April 1998, allowing agents to claim credit for CPD activities completed within the 12 months prior to applying for repeat registration. This retrospectivity does not disadvantage the agents or the Commonwealth as they can still claim activities that have been withdrawn by this instrument, provided they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.

Key Provisions

The Migration Agents Regulations 1998 specify approved activities for the purposes of Continuing Professional Development (CPD) for registered migration agents, which are outlined in section 3 of Schedule 1 of the Regulations (paragraph 2). According to the explanatory statement, this Notice specifies miscellaneous activities that are approved for CPD, replacing the previous notice (paragraph 4). These activities must be completed to a value of at least 10 points for registered migration agents to re-register under section 290A of the Migration Act 1958 (paragraph 2). The Notice introduces new activities, such as Items 610171, 610265, and 610338, while revoking Item 610065 (paragraphs 6 and 7). No activities have been altered in this Notice (paragraph 8). The obligations imposed on registered migration agents by this Notice include the requirement to complete approved CPD activities to the specified point value to maintain their registration. The Authority is responsible for specifying these activities, ensuring that agents are informed of the approved activities necessary for re-registration. The Notice also places an obligation on agents to complete these activities within the specified timeframe, ensuring that they remain compliant with the CPD requirements. In terms of consequences for non-compliance, the Notice does not explicitly outline specific offences or penalties. However, failure to complete the required CPD activities and achieve the necessary point value may result in the inability to re-register as a migration agent, leading to the loss of registration and the inability to practice as a migration agent. The Notice's retrospective nature ensures that agents are not disadvantaged if they complete activities before the Notice is published, as they can still claim credit for these activities (paragraph 9). Furthermore, clause 4 of Schedule 1 of the Migration Agents Regulations 1998 ensures that agents can claim activities that have been withdrawn by this instrument, provided they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments (paragraph 10).