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 MN42-07f of 2007, signed on 16/10/2007, 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 the Schedule, revokes the previous listing of approved activities and alters those activities specified as approved activities by the Authority. Consultation is not required under these circumstances.
6. The new activities included in the notice are….
Nil
7. The activities which have been withdrawn are….
Nil
8. The activities which have altered are:
Nil
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4 of Schedule 1 of the Migration Agents Regulations 1998, ensures that agents can still claim activities that have been withdrawn by this instrument, provided that they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.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, enacted by the Australian government, establish a framework for the registration and regulation of migration agents. The purpose of these regulations is to ensure that migration agents maintain a high standard of professional conduct and knowledge, thereby safeguarding the interests of individuals seeking migration services. One of the key mechanisms to achieve this is through Continuing Professional Development (CPD) requirements. The explanatory statement for F2007L04574 clarifies that this notice specifies the approved activities for CPD, which must be completed by registered migration agents to re-register under the Migration Act 1958. This notice, made under the Migration Agents Registration Authority, revokes a previous notice and updates the list of approved CPD activities, ensuring that the requirements remain current and relevant. The instrument is minor in nature, does not substantially alter existing arrangements, and does not require consultation. It is retrospective, allowing agents to claim credit for CPD activities completed before the notice's publication, thereby preventing any disadvantage to the agents.
Scope and Application
The explanatory statement pertains to the Migration Agents Regulations 1998, specifically addressing the specification of approved activities for Continuing Professional Development for registered migration agents. This notice, made under clause 3 of Schedule 1 of the Regulations, is issued by the Migration Agents Registration Authority and published on its website. The primary purpose of this instrument is to identify miscellaneous activities that qualify as approved Continuing Professional Development for registered migration agents. It revokes the previous notice, Migration Agents (Continuing Professional Development – Miscellaneous activities) MARA Notice MN42-07f of 2007, and specifies a new set of activities. Although the instrument is of a minor or machinery nature and does not significantly alter existing arrangements, it confers points on new activities set out in the schedule, revokes previous listings, and alters specified activities approved by the Authority. The retrospective application of this notice, effective from 1 April 1998, ensures that migration agents can claim credit for any approved activities completed within the 12 months prior to applying for repeat registration, thereby preventing any disadvantage.
Key Provisions
The primary operative sections of the Migration Agents Regulations 1998, as amended by this notice, pertain to the approved activities for Continuing Professional Development (CPD) of registered migration agents. Section 3 of Schedule 1 of the Regulations empowers the Migration Agents Registration Authority (the 'Authority') to specify these activities through a notice published on its website. Registered migration agents are required to complete approved CPD activities, with a minimum value of 10 points, in order to re-register under section 290A of the Migration Act 1958.
The obligations imposed on registered migration agents by this legislation include the necessity to engage in and complete CPD activities that are approved by the Authority. These activities must accumulate a minimum of 10 points to meet the re-registration requirements. The Authority is responsible for specifying the approved activities and ensuring that these are clearly communicated and accessible on its website. Agents must stay informed about these activities and ensure they meet the CPD requirements before their re-registration period.
In terms of consequences for non-compliance, the legislation does not explicitly outline specific offences or penalties within the explanatory statement provided. However, the failure to complete the required CPD activities and accumulate the necessary points could result in the inability to re-register as a migration agent, thereby preventing the agent from legally practising in that capacity. This consequence is significant as it directly affects the professional standing and livelihood of the agent.