Overview

The Migration Agents Regulations 1998, as amended by this Notice, serve to refine and update the approved activities for Continuing Professional Development (CPD) for registered migration agents. Enacted under the authority granted by the Migration Agents Registration Authority (the 'Authority'), this instrument aims to specify new approved activities for CPD purposes, revoking and replacing the previous notice, MARA Notice MN36-08f of 2008. The primary objective is to ensure that registered migration agents can maintain their professional standards and competence through ongoing education and training. By specifying a new set of activities and revoking outdated ones, the instrument maintains the integrity and relevance of CPD requirements. The notice is effective retroactively to 1 April 1998, allowing agents to claim credit for activities completed within the preceding 12 months, thus preventing any disadvantage to agents who may have completed activities before the notice's publication. This approach ensures that both agents and the Commonwealth benefit from clear and updated CPD guidelines without any undue advantage or disadvantage.

Scope and Application

The Migration Agents Regulations 1998, under which this instrument is made, apply to all registered migration agents who are required to complete approved activities for the purpose of Continuing Professional Development (CPD) to maintain their registration. These regulations are of a federal nature, applying across the Commonwealth of Australia. The current instrument specifically relates to the activities that have been approved for CPD purposes, altering and revoking previously listed activities. Notably, it does not introduce any new substantive changes to the CPD requirements but updates the list of activities eligible for CPD points. The retrospective effect allows agents to claim credit for activities completed within the 12 months prior to applying for repeat registration, ensuring fairness and continuity in their CPD obligations. This instrument does not exclude any particular persons, entities, or industries from its purview, but rather targets all registered migration agents who must engage in CPD activities to remain registered.

Key Provisions

The Migration Agents Regulations 1998 (the Regulations) under clause 3 of Schedule 1, specify that the Migration Agents Registration Authority (the 'Authority') can determine approved activities for Continuing Professional Development (CPD) for registered migration agents. These activities must have a value of at least 10 points for agents to re-register under section 290A of the Migration Act 1958 (section 290A). The explanatory statement clarifies that this instrument updates the approved activities list for CPD purposes, revoking the previous notice (MN36-08f) and specifying new activities (clause 4). Registered migration agents are required to complete these approved CPD activities to maintain their registration. These activities may include attending workshops, seminars, completing online courses, or participating in professional discussions. The Authority sets these activities to ensure that agents maintain and enhance their professional skills and knowledge in line with industry standards. Failure to complete the required CPD activities can lead to difficulties in re-registering, potentially impacting their ability to practice as a migration agent (section 290A). The explanatory statement indicates that the new notice specifies certain activities that have been withdrawn or altered, and this update does not require consultation as it is of a minor or machinery nature (clause 5). However, it is important for agents to stay informed about these changes to ensure compliance with the CPD requirements. Breach of these requirements can lead to penalties, including fines or potential suspension or cancellation of their registration. The exact penalties and consequences are outlined in the Migration Act 1958, but they may include fines up to a specified amount or imprisonment, depending on the severity and nature of the breach. The notice is retrospective, effective from 1 April 1998, allowing agents to claim credit for CPD activities completed within the 12 months prior to applying for re-registration. This ensures that agents are not disadvantaged if they complete activities before the notice is published (clause 9). The explanatory statement assures that this retrospectivity does not disadvantage migration agents or the Commonwealth, as clause 4 of Schedule 1 of the Regulations allows agents to claim activities that have been withdrawn, provided they are completed before the notice is registered on the Federal Register of Legislative Instruments (clause 10).