EXPLANATORY STATEMENT
Migration Agents Regulations 1998
- This Notice is made under clause 3 of Schedule 1 to the Migration Agent 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 for registered migration agents. The notice may include in relation to each activity: the name of the activity; the provider (if any) of the activity; whether the activity is a core activity or an elective activity; the number of points for each activity, and the requirements for completion of the activity.
3. The purpose of the Instrument is to specify approved Miscellaneous activities for the purposes of Continuing Professional Development for Registered Migration Agents.
3. In order to be eligible to complete an activity, a participant must at the time of commencing the activity, meet the eligibility requirement specified in column 6.
4. The eligibility requirement is specified in terms of levels explained in the table under paragraph 3 of the instrument. Activities which are specified as Level 1, have no eligibility requirements, and may be commenced and completed by any participant. Activities which are specified as Level 2 or 3, require the participant, at the time of commencing the activity, to have the years of experience as a migration agent, to have completed the requisite number of approved CPD activities, or to have the Authority’s approval, as specified in the table under paragraph 3 of the instrument.
5. The instrument will revoke the notice entitled Migration Agents (Continuing Professional Development – Miscellaneous activities) MARA Notice MN43-05f - 05 of 2005, published on 17/10/2005, and specify a new set of material described in columns 2 and 3 of an item as set out in the attached Schedule.
6. These new activities are approved activities for the purposes of clause 3 of Schedule 1 to the Regulations. They are approved activities for the purposes of Continuing Professional Development 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.
7. 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. The instrument 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. Consultation under these circumstances is not required.
8. The instrument revokes a previously published notice however the new notice must be approved effective on 1 April 1998. Accordingly the instrument requires retrospective application.
9. The instrument requires retrospectivity because it includes activities approved in previous notices which have now been revoked (see clause 1 of the Instrument).
10. 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. Therefore individuals who completed an approved activity at the time of undertaking the activity will be unable to rely on these points for continuing professional development – required under section 290A of the Migration Act 1958.
11. The Commonwealth is neither advantaged nor disadvantaged by the retrospectivity.
Overview
The Migration Agents Regulations 1998 were enacted to regulate the professional conduct and continuous professional development of migration agents in Australia. This legislative instrument, known as F2005L03879, was introduced to address the need for a more comprehensive and up-to-date framework for approved activities for the continuing professional development of registered migration agents. This notice, published by the Migration Agents Registration Authority (the 'Authority'), aims to specify approved miscellaneous activities for such development purposes, thereby ensuring that agents remain knowledgeable and skilled in their practice. The objective of this notice is to specify the new set of approved activities for continuing professional development, including their status, points, and eligibility requirements, thereby replacing the previous listing of activities. The instrument is of a minor or machinery nature, allowing it to be effective retrospectively from 1 April 1998 to ensure continuity and fairness for those who have previously completed approved activities.
Scope and Application
The Migration Agents Regulations 1998, as specified in this Notice, apply to registered migration agents in Australia who are required to engage in Continuing Professional Development (CPD) to maintain their registration. The Authority, which oversees the CPD requirements, has the power to specify approved activities through notices published on its website. These activities are designed to enhance the skills and knowledge of migration agents, ensuring they remain competent and up-to-date with industry standards. The Notice outlines various approved activities, categorising them as core or elective, and assigning points for completion, with specific eligibility requirements for certain levels. The scope of the Notice is national, impacting all registered migration agents across Australia. Notably, the Notice revokes previous listings of approved activities and replaces them with new ones, necessitating retrospective application to avoid disadvantaging agents who completed activities under the previous listings. This ensures that agents who participated in approved activities prior to the Notice's registration can still benefit from the CPD points accrued, maintaining the integrity of their professional development records.
Key Provisions
The Migration Agents Regulations 1998 (MARA) provide a framework for the continuing professional development (CPD) of registered migration agents. Clause 3 of Schedule 1 to the Regulations empowers the Migration Agents Registration Authority (the 'Authority') to specify, through a notice published on its website, the approved activities for CPD purposes (section 3). The explanatory statement outlines that the purpose of the notice is to specify approved miscellaneous activities for CPD (section 3). Each activity is detailed, including the name of the activity, the provider (if applicable), whether it is a core or elective activity, the number of points allocated to each activity, and the requirements for completion (section 2). Participants must meet specific eligibility requirements to commence an activity, which vary based on the level of the activity, ranging from no requirements for Level 1 activities to specific experience or prior CPD completion for Level 2 and 3 activities (section 4).
The obligations imposed on parties under the MARA include ensuring that migration agents engage in approved CPD activities to maintain their registration. Agents must complete a certain number of points through these activities, as specified by the Authority. Each activity has specific requirements for completion, which may include attending a seminar, completing a course, or undergoing a period of supervised practice. The eligibility criteria for each activity are clearly defined, with different levels dictating the experience or approval needed to participate (section 6). The Authority must ensure that the activities listed are relevant, up-to-date, and contribute to the professional development of migration agents.
Breaches of the MARA may lead to civil or criminal consequences. While the explanatory statement does not detail specific offences or penalties, it is understood that failure to comply with the CPD requirements can result in deregistration of a migration agent. The Migration Act 1958 mandates that agents must complete the required CPD to maintain their registration (section 290A). The Authority has the power to investigate and take action against agents who fail to meet these requirements, potentially leading to fines or other sanctions as prescribed by the Act. The instrument's retrospectivity ensures that agents who completed activities under the previous notice are not disadvantaged, maintaining fairness in the application of CPD requirements (section 9).