Overview

The Migration Agents Regulations 1998 were enacted to regulate the activities of migration agents in Australia, ensuring that they meet professional standards and are qualified to provide migration advice and services. This legislation was introduced to address the need for maintaining high standards of competency and ethical conduct among migration agents, thereby protecting the interests of clients and maintaining the integrity of the migration system. The Migration Agents Registration Authority, established under the Migration Act 1958, has the power to specify approved activities for the purpose of Continuing Professional Development (CPD) for registered migration agents, as outlined in clause 3 of Schedule 1 to the Regulations. The policy objective is to ensure that migration agents remain current with professional standards and legal changes through continuous education and training. The explanatory statement indicates that the instrument specifies new approved activities for CPD, replacing previous listings and conferring points on these activities, effective from 1 April 1998. The instrument requires retrospective application to ensure that individuals who completed activities under the previous notices are not disadvantaged.

Scope and Application

The Migration Agents Regulations 1998 provide the legislative framework for the professional development of migration agents in Australia, with a focus on ensuring that these agents maintain and enhance their professional capabilities. The explanatory statement elucidates the nature and application of a particular notice under clause 3 of Schedule 1 to the Regulations, which pertains to approved activities for Continuing Professional Development (CPD) for registered migration agents. This notice specifies a range of approved activities, categorising them as either core or elective, and assigning points and completion requirements to each activity. The notice applies to all registered migration agents within Australia, necessitating their participation in these approved CPD activities to maintain their registration status. The geographic and jurisdictional reach of this legislation is national, as it applies to all agents registered under the Commonwealth’s Migration Agents Registration Authority. The eligibility criteria for participation in these CPD activities vary based on the level of the activity, with Level 1 activities having no specific eligibility requirements, while Level 2 and 3 activities necessitate specific experience or prior CPD completion. This instrument revokes an earlier notice and introduces new activities, effective from 1 April 1998, with retrospective application to ensure continuity and fairness for agents who completed CPD activities under the previous notice.

Key Provisions

The Migration Agents Regulations 1998, as amended by the F2006L00315 Notice, sets forth the approved activities for Continuing Professional Development (CPD) for registered migration agents in Australia. The notice, made under clause 3 of Schedule 1 to the Regulations, specifies various approved activities for CPD purposes, detailing the name of the activity, the provider (if applicable), whether the activity is core or elective, the number of points assigned to each activity, and the requirements for completing the activity (Clause 2). It is important to note that the instrument revokes the previous notice, titled Migration Agents (Continuing Professional Development – Miscellaneous activities) MARA Notice MN49-05f of 2005, and replaces it with a new set of activities as outlined in the Schedule (Clause 6). The Notice imposes certain obligations and requirements on parties involved. For instance, the Authority is required to specify approved activities for CPD for registered migration agents (Clause 2). Additionally, participants must meet eligibility requirements to commence an activity, which are specified in terms of levels explained in the table under paragraph 3 of the instrument (Clause 5). The eligibility requirements vary depending on the level of the activity, with Level 1 activities having no eligibility requirements and Level 2 or 3 activities requiring specific experience, completion of requisite approved CPD activities, or approval from the Authority (Clause 5). In terms of consequences for non-compliance, the Notice does not explicitly outline any specific offences, penalties, or civil/criminal consequences for breach. However, the failure to complete approved CPD activities may result in a registered migration agent not meeting the professional development requirements under section 290A of the Migration Act 1958. This may, in turn, lead to the Authority taking action against the agent, such as suspension or revocation of their registration, which may have further legal and professional consequences for the individual.