Overview

The Migration Agents Regulations 1998, enacted by the Parliament of Australia, were introduced to regulate the activities of migration agents and ensure they maintain their professional competence through continuing professional development. This legislation complements the Migration Act 1958 by providing a framework for the registration and regulation of migration agents, aiming to protect the public and uphold the integrity of Australia’s migration system. The explanatory statement for the 2008 notice, F2008L04672, indicates that it was made under the authority granted by the Migration Agents Regulations 1998 to specify approved activities for Continuing Professional Development (CPD). These CPD activities are essential for registered migration agents to complete in order to maintain their registration, ensuring they stay updated with the latest regulations and best practices in migration law. The notice updates and replaces previous listings of approved CPD activities, introducing new activities while revoking outdated ones, with the intent of maintaining an effective and relevant CPD framework for migration agents.

Scope and Application

The Migration Agents Regulations 1998, under clause 3 of Schedule 1, empower the Migration Agents Registration Authority to specify approved activities for Continuing Professional Development for registered migration agents. These regulations apply to all registered migration agents who must complete approved activities valued at a minimum of 10 points to re-register under section 290A of the Migration Act 1958. The explanatory statement details that the purpose of this particular instrument is to outline miscellaneous activities approved for Continuing Professional Development, revoking the previous notice and specifying a new set of activities. This minor or machinery instrument does not substantially alter existing arrangements for Continuing Professional Development and thus does not require consultation. The new notice, effective from 1 April 1998, includes new activities and alters or withdraws certain previously listed activities, ensuring that registered migration agents can claim credit for activities completed within the 12 months prior to applying for repeat registration. Importantly, the retrospectivity does not disadvantage migration agents or the Commonwealth, as clause 4 of Schedule 1 of the Regulations allows for the claim of withdrawn activities if undertaken before the instrument is registered on the Federal Register of Legislative Instruments.

Key Provisions

The Migration Agents Regulations 1998, under clause 3 of Schedule 1, empower the Migration Agents Registration Authority to designate approved activities for Continuing Professional Development (CPD) by notice on its website. This notice specifies activities that registered migration agents must complete to earn a minimum of 10 points for re-registration under section 290A of the Migration Act 1958 (section 3). The primary aim of the notice is to outline various activities approved for CPD for registered migration agents (section 3). This particular instrument revokes the previous notice, "Migration Agents (Continuing Professional Development – Miscellaneous activities) MARA Notice MN39-08f of 2008", and introduces a new set of activities (section 4). It is considered of a minor or machinery nature, as it does not substantially alter existing CPD arrangements for registered migration agents (section 5). Consultation is not required under these circumstances. Registered migration agents are obligated to complete approved CPD activities to maintain their registration status. They must ensure that the activities they undertake are listed in the current notice on the Authority's website and that they accumulate the requisite points to meet the re-registration requirements (section 290A of the Migration Act 1958). The notice specifies new activities that confer points, revokes previous activities, and alters others, ensuring that agents are aware of the current approved CPD activities (section 6). This continuous update ensures that agents remain compliant with the CPD requirements and stay current with industry standards. There are no specific offences or penalties outlined in this notice; it primarily serves to update and specify approved CPD activities. However, failing to complete the required CPD activities and accumulate the necessary points may result in a registered migration agent being unable to re-register under section 290A of the Migration Act 1958. The retrospective nature of the notice, effective as of 1 April 1998, ensures that agents are not disadvantaged if they complete any of the CPD activities listed in the notice within the 12 months prior to applying for repeat registration (section 9). This retrospective application does not disadvantage migration agents, as clause 4 of Schedule 1 of the Migration Agents Regulations 1998 allows them to claim activities that have been withdrawn by this instrument, provided they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments (section 10).