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 MN26-09f of 2009, signed on 23/06/2009, 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 Schedule A and B, revokes the previous listing of approved activities and alters those activities specified as approved activities by the Authority. The approved activities listed in Schedule B are levelled activities and will remain in effect until midnight on 30 November 2009. Consultation is not required under these circumstances.
6. The new activities included in the notice are….
Item |
620001 |
620053 |
620054 |
620055 |
620056 |
7. The activities which have been withdrawn are….
Item |
610175 |
610375 |
610378 |
610379 |
610380 |
8. The activities which have altered are:
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 were enacted to regulate the activities of migration agents and ensure that they maintain a certain standard of professional development. This is achieved through the requirement for registered migration agents to complete approved Continuing Professional Development (CPD) activities to maintain their registration. The Migration Agents Regulations 1998 were introduced by the Australian Parliament to address the need for regulating the conduct and practices of migration agents to protect the interests of visa applicants and the public. The policy objective is to ensure that migration agents remain competent and up-to-date with the latest developments in migration law and practice. The explanatory statement outlines the revocation of a previous notice and the introduction of new approved CPD activities for migration agents, ensuring they continue to meet the necessary standards.
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) to maintain their registration. This regulatory instrument specifies certain miscellaneous activities that are approved for CPD purposes and assigns point values to these activities, which must be completed by agents seeking re-registration under the Migration Act 1958. The activities listed in the Notice are intended to ensure that migration agents remain up-to-date with industry standards and practices. The Notice revokes a previous list of approved activities and introduces new ones, with some activities being altered and others withdrawn. The geographic reach of this regulation is national, as it applies across Australia and is governed by the Commonwealth. The retrospective application of this Notice allows agents to claim CPD credits for activities completed within the 12 months prior to applying for repeat registration, ensuring fairness and continuity in the CPD requirements.
Key Provisions
The Migration Agents Regulations 1998 (Regulations) under the Migration Act 1958 mandate that all registered migration agents must complete approved activities that carry a value of at least 10 points to be eligible for re-registration under section 290A (1)(a). The explanatory statement details that Clause 3 of Schedule 1 of the Regulations allows the Migration Agents Registration Authority (Authority) to specify approved activities for Continuing Professional Development (CPD) through a notice published on its website. This notice specifies miscellaneous activities approved for CPD, thereby replacing the previous notice and listing new activities.
The obligations imposed by this instrument require registered migration agents to engage in approved CPD activities as outlined in the new notice. This ensures that agents maintain and enhance their professional competencies. The activities specified in Schedule A and B confer points on the new activities and revoke the previous listing of approved activities. These changes are designed to maintain the integrity and efficacy of the CPD program, ensuring that agents remain well-informed and skilled in their professional duties.
Failure to complete the required CPD activities can result in penalties or consequences for the agents. Under section 290A(2) of the Migration Act 1958, agents who do not complete the approved CPD activities will be ineligible for re-registration. This ineligibility means that they cannot legally act as migration agents, which can severely impact their professional careers and the services they provide to clients. In addition, the Authority has the power to take further action against agents who do not comply with these requirements, which can include fines or other sanctions.
The retrospective effect of the notice ensures that agents can claim credit for activities completed within the 12 months prior to applying for repeat registration, as long as these activities were completed before the instrument was registered on the Federal Register of Legislative Instruments. This is intended to prevent any disadvantage to agents who might have completed activities before the notice was published. The Authority has ensured that the retrospective nature of the notice does not disadvantage agents in any way, as per clause 4 of Schedule 1 of the Regulations.