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 Office of the Migration Agents (Continuing Professional Development – Miscellaneous activities) MARA Notice MN38-09f of 2009, signed on 17/09/2009, and specifies a new set of activities.
- 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.
5. The new activities included in the notice are….
6. The activities which have been withdrawn are….
7. The activities which have altered are:
8. The instrument revokes a previously published Office of the 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.
9. 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4 of Schedule 1 of the Migration Agents Regulations 1998, ensures that agents can still claim activities that have been withdrawn by this instrument, provided that they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.
10. The Commonwealth is neither advantaged nor disadvantaged by the retrospectivity.
Overview
The Migration Agents Regulations 1998 (F2010L00338) was enacted to ensure that registered migration agents in Australia meet certain Continuing Professional Development (CPD) requirements to maintain their registration. This regulation was introduced to address the need for ongoing education and professional development within the migration industry to ensure agents remain competent and up-to-date with relevant laws and practices. The authority to specify approved CPD activities is vested in the Migration Agents Registration Authority (MARA), which operates under the broader legislative framework of the Migration Act 1958. The objective of this regulation is to provide a structured set of activities through which migration agents can demonstrate their professional development, ensuring the integrity and efficiency of the migration process. The explanatory statement outlines the minor changes to the approved activities for CPD purposes, emphasizing the continuity and fairness in how these activities are recognized, including the retrospective application to protect agents from potential disadvantages.
Scope and Application
The Migration Agents Regulations 1998, as specified in this notice, apply to registered migration agents who are required to engage in Continuing Professional Development (CPD) activities to maintain their registration. These regulations pertain to the professional conduct and continuous education of migration agents across Australia, encompassing both individual agents and entities that provide migration services. The regulations have a national reach, applying uniformly across all states and territories. The notice specifies approved CPD activities that migration agents must complete, each assigned a point value of at least 10 points to be eligible for re-registration under section 290A of the Migration Act 1958. This notice revokes the previous listing of approved activities and introduces new ones, while also altering some existing activities, thereby updating the framework for CPD in the migration industry. The retrospective effect of the notice, effective from 1 April 1998, ensures that agents can claim credit for CPD activities completed within the 12 months prior to their application for repeat registration, provided these activities are undertaken before the notice is registered on the Federal Register of Legislative Instruments. This approach ensures that migration agents are not disadvantaged and that the Commonwealth remains unaffected by the retrospectivity.
Key Provisions
The Migration Agents Regulations 1998 (F2010L00338) specify that the Migration Agents Registration Authority (the 'Authority') can publish a notice on its website detailing approved activities for Continuing Professional Development (CPD) under clause 3 of Schedule 1. These approved activities are essential for registered migration agents to complete in order to re-register under section 290A of the Migration Act 1958. Specifically, they must complete activities that have a value of at least 10 points.
The primary obligation on registered migration agents is to engage in these approved CPD activities. These activities ensure that agents maintain and enhance their professional competence and knowledge, thereby contributing to the quality of services provided to clients. The CPD activities must be undertaken within the stipulated timeframes and their points must be accumulated to meet the re-registration requirements.
Breaching the CPD requirements can have significant consequences for registered migration agents. Under the Migration Act 1958, failure to complete the required CPD activities and accumulate the necessary points can result in the agent being unable to re-register. This inability to re-register would prevent the agent from legally providing migration services, effectively terminating their professional practice in this field. The penalties are therefore tied to the operational aspects of the profession, ensuring that only qualified and continuously developing professionals are permitted to practice.