Overview

The Migration Agents Regulations 1998, as amended by the F2005L03195 notice, was enacted to address the need for a structured framework for the Continuing Professional Development (CPD) of registered migration agents in Australia. This legislative instrument was introduced to ensure that migration agents maintain and enhance their professional capabilities through approved CPD activities. The notice was made under the Migration Agents Registration Authority (the 'Authority') and specifies new approved activities for CPD, replacing the previously published notice. The primary objective of the instrument is to specify approved miscellaneous activities for CPD purposes, ensuring that the activities are consistent with the regulatory requirements outlined in the Migration Act 1958. The instrument also introduces a point system and eligibility requirements for different levels of activities, ensuring that agents meet specific criteria before participating in certain CPD activities.

Scope and Application

The Migration Agents Regulations 1998 govern the registration and conduct of migration agents in Australia, with this specific instrument focusing on activities approved for Continuing Professional Development (CPD) for registered migration agents. The explanatory statement outlines that this instrument, made under clause 3 of Schedule 1 of the Regulations, specifies approved miscellaneous activities for CPD purposes. These activities encompass a range of materials and events, each with defined points and completion requirements, as well as eligibility criteria based on experience levels. The instrument revokes the previous notice, Migration Agents (Continuing Professional Development – Miscellaneous activities) MARA Notice MN25f - 05 of 2005, and introduces a new set of approved activities. Importantly, the instrument applies retrospectively to ensure that individuals who completed activities under the now-revoked notice are not disadvantaged, allowing them to count these activities towards their CPD requirements. This retrospective application is crucial to maintain the integrity of the CPD system and to prevent any disadvantage to migration agents who completed approved activities prior to the notice's revocation.

Key Provisions

The Migration Agents Regulations 1998, under clause 3 of Schedule 1, allows the Migration Agents Registration Authority (the 'Authority') to specify approved activities for Continuing Professional Development (CPD) for registered migration agents by publishing a notice on its website. This notice includes the name of each activity, the provider (if any), whether it is a core or elective activity, the number of points for each activity, and the requirements for completion (paragraph 2). The purpose of this instrument is to specify approved miscellaneous activities for CPD for registered migration agents (paragraph 3). The instrument specifies that in order to be eligible to complete an activity, a participant must meet the eligibility requirements specified in column 6 at the time of commencing the activity (paragraph 4). The eligibility requirements are detailed in terms of levels explained in a table under paragraph 3 of the instrument. Activities specified as Level 1 have no eligibility requirements and can be commenced and completed by any participant. Activities specified as Level 2 or 3 require the participant to have a certain number of years of experience as a migration agent, to have completed a requisite number of approved CPD activities, or to have the Authority’s approval, as specified in the table under paragraph 3 of the instrument (paragraph 4). The instrument will revoke the notice entitled Migration Agents (Continuing Professional Development – Miscellaneous activities) MARA Notice MN25f - 05 of 2005, published on 14 June 2005, and specify a new set of activities described in columns 2 and 3 of an item as set out in the attached Schedule (paragraph 5). These new activities are approved for the purposes of clause 3 of Schedule 1 to the Regulations and are approved activities for CPD for registered migration agents with the status specified in column 4; having the value specified in column 5; and having the eligibility requirement specified in column 6 (paragraph 6). The instrument is of a minor or machinery nature and does not substantially alter existing arrangements for the purposes of CPD for registered migration agents. It confers points on, and sets completion requirements for, all 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 (paragraph 7). Consultation under these circumstances is not required. The instrument revokes a previously published notice but must be approved effective on 1 April 1998. Accordingly, the instrument requires retrospective application (paragraph 8). The instrument requires retrospectivity because it includes activities approved in previous notices which have now been revoked (clause 1 of the Instrument). Unless retrospectivity is granted, that is, the Notice is effective from 1 April 1998, individuals who have completed activities under previous notices (now revoked) will be disadvantaged as the activities undertaken before the instrument is registered will have the effect of no longer being approved activities (paragraph 9). Therefore, individuals who completed an approved activity at the time of undertaking the activity will be unable to rely on these points for CPD – required under section 290A of the Migration Act 1958 (paragraph 10). The Commonwealth is neither advantaged nor disadvantaged by the retrospectivity (paragraph 11).