Overview

The Migration Agents Registration Authority Notice MN49-04 of 2004, published under the Migration Act 1958, was enacted to provide clarity and guidance on the approved activities for continuing professional development for migration agents. This legislative instrument addresses the need for migration agents to engage in regular professional development to maintain their competence and keep abreast of changes in migration law and practice. The notice, issued by the Migration Agents Registration Authority, revokes a previous notice (MN45-04 of 2004) and specifies new activities that qualify for continuing professional development points. The policy objective is to ensure that migration agents are well-informed and skilled in their practice, thereby enhancing the quality of services provided to clients in the migration process. This notice has been in effect since 1 April 1998 and aims to maintain high standards within the migration profession by setting out the approved activities that can be counted towards the required professional development points.

Scope and Application

The MARA Notice MN49-04 of 2004 pertains to the Migration Agents Registration Authority's (MARA) regulation of approved activities for continuing professional development, specifically for migration agents registered under the Migration Act 1958. This notice revokes the previous notice MN45-04 of 2004 and outlines new approved activities that migration agents can undertake to maintain their registration. The activities are specified in the schedule to the notice and include various core topics relevant to migration law and practice, provided by approved providers such as Lorenzo Boccabella Continuing Professional Education, Migration Professional Education, and The CLE Centre. Each activity is assigned a status and a points value, with core activities typically carrying one point each and some assessment programs carrying higher point values. The notice applies to all migration agents registered under the Act, ensuring they remain current with developments in migration law and practice. The scope of the notice is nationwide, as it is issued under the Commonwealth's authority through MARA, and it comes into effect from 1 April 1998.

Key Provisions

The MARA Notice MN49-04 of 2004 specifies activities approved by the Migration Agents Registration Authority (MARA) under clause 3 of Schedule 1 to the Migration Agents Regulations 1998, replacing the previous notice MN45-04 of 2004. This notice identifies various professional development activities that are approved for migration agents, who must complete these activities to maintain their registration. These activities are detailed in the Schedule, which lists the activity name, provider, status (whether it is a core or elective activity), and the number of points allocated to each activity (paragraph 2). Migration agents must ensure they are complying with the requirements set out in the notice by participating in the approved activities. Each activity is designated as either a core activity or an elective activity, and agents must complete a certain number of points through these activities to meet their Continuing Professional Development (CPD) obligations. The CPD activities are offered by various providers, including Lorenzo Boccabella Continuing Professional Education, Migration Professional Education, Kessels Goddard + Ajurija, The CLE Centre, Migration Education Services, Dr. Mary Crock, Law Institute of Victoria, and The Law Society of New South Wales (Schedule). Failure to meet the CPD requirements can lead to consequences for the migration agents. If an agent does not complete the required number of points within the specified period, their registration may be at risk. The Migration Act 1958 and the Migration Agents Regulations 1998 impose obligations on agents to maintain their professional competence and adhere to the CPD requirements. Non-compliance with these obligations may result in penalties, including potential disciplinary action, suspension, or cancellation of the agent's registration (Migration Act 1958, section 235). The exact penalties for non-compliance are not specified in the notice but are outlined in the broader legislative framework.