Overview

The Migration Agents Regulations 1998, enacted by the Parliament of Australia, were introduced to regulate the activities of migration agents and ensure that they maintain high standards of professional conduct. The 1998 Regulations, along with the Migration Agents Registration Authority (the 'Authority'), were designed to provide a framework for the registration and regulation of migration agents to address the need for a qualified and trustworthy professional body in the field of migration services. The explanatory statement outlines a notice made under the Regulations, specifying 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 alters those specified as approved activities by the Authority, aims to ensure that migration agents complete CPD activities with a value of at least 10 points to re-register under the Migration Act 1958. The notice is of a minor or machinery nature and does not substantially alter existing arrangements for CPD for registered migration agents. The retrospective nature of the notice ensures that migration agents are not disadvantaged if they complete any of the CPD activities before the notice is published.

Scope and Application

The Migration Agents Regulations 1998 apply to registered migration agents who must comply with continuing professional development (CPD) requirements to maintain their registration under the Migration Act 1958. The regulations, administered by the Migration Agents Registration Authority, mandate that all registered migration agents complete approved CPD activities that carry a minimum value of 10 points for re-registration. The scope of the regulations is confined to activities specified by the Authority, which can alter and specify new approved activities through notices published on its website. This particular instrument, being of minor nature, specifies new miscellaneous activities for CPD, revokes the previous listing, and modifies certain activities without requiring consultation due to the non-substantial nature of the changes. The instrument also operates retrospectively to 1 April 1998, allowing agents to claim credit for CPD activities completed within the 12 months prior to applying for repeat registration, ensuring fairness to agents and neutrality to the Commonwealth.

Key Provisions

The Migration Agents Regulations 1998, under clause 3 of Schedule 1, empower the Migration Agents Registration Authority (the 'Authority') to specify approved activities for Continuing Professional Development (CPD) for registered migration agents. This is articulated in section 290A of the Migration Act 1958, which requires all registered migration agents to complete approved CPD activities, with a minimum value of 10 points, to re-register. The explanatory statement outlines the purpose of this instrument, which is to specify miscellaneous activities approved for CPD purposes. The instrument revokes the previous notice titled Migration Agents (Continuing Professional Development – Miscellaneous activities) MARA Notice MN31-08f of 2008 and lists new activities that confer points, as detailed in the Schedule. The obligations imposed by this instrument on registered migration agents include completing approved CPD activities with a minimum value of 10 points, as stipulated in section 290A of the Migration Act 1958. The Authority specifies these activities through notices published on its website, and agents must ensure that any CPD activities undertaken are included in the current list of approved activities. The revised list of approved activities, as specified in the Schedule, must be adhered to for re-registration purposes. Furthermore, agents are required to complete these activities within the stipulated timeframe to remain compliant with the regulations. The instrument includes provisions for offences, penalties, and consequences for non-compliance with the CPD requirements. While the explanatory statement does not detail specific penalties, failure to complete the required CPD activities could result in disqualification from re-registration, which would prevent agents from legally practising. The retrospective nature of the notice, effective from 1 April 1998, ensures that agents can claim credit for activities completed within the 12 months prior to applying for repeat registration. This is intended to prevent agents from being disadvantaged if they complete CPD activities before the notice is published. Clause 4 of Schedule 1 of the Migration Agents Regulations 1998 further 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. The retrospectivity does not disadvantage migration agents or the Commonwealth, as clarified in the explanatory statement.