Overview

The Migration Agents Regulations 1998, enacted by the Australian Parliament, was introduced to regulate the activities of migration agents in Australia. This particular instrument, made under clause 3 of Schedule 1 of the Regulations, aims to specify approved activities for Continuing Professional Development for registered migration agents, as mandated by the Migration Act 1958. The explanatory statement clarifies that the instrument updates the list of approved activities, revoking the previous notice and specifying new activities that migration agents must complete to re-register. The policy objective is to ensure that registered migration agents maintain their professional competency and adhere to the required standards of Continuing Professional Development. The instrument does not substantially alter existing arrangements and is considered minor or machinery in nature, thus not requiring consultation. This instrument, effective from 1 April 1998, is retrospective to allow agents to claim credit for activities completed within the 12 months prior to applying for repeat registration, ensuring no disadvantage to agents. The retrospectivity is aligned with clause 4 of Schedule 1 of the Regulations, which allows agents to claim withdrawn activities if undertaken before the instrument is registered on the Federal Register of Legislative Instruments. This approach ensures neither the Commonwealth nor the agents are disadvantaged.

Scope and Application

The Migration Agents Regulations 1998, specifically this explanatory statement, pertains to the regulation and management of activities approved for Continuing Professional Development (CPD) for registered migration agents in Australia. This notice, made under clause 3 of Schedule 1 of the Regulations, specifies activities that registered migration agents must complete to fulfil their CPD requirements for re-registration under section 290A of the Migration Act 1958. The instrument updates and replaces a previous notice, MN49-10f, to reflect new approved activities and revokes outdated ones. The Authority is responsible for determining these activities, which must have a value of at least 10 points. The notice is effective as of April 1, 1998, and its retrospective application ensures that agents can claim credit for activities completed in the 12 months prior to applying for repeat registration, provided they were undertaken before the instrument was registered on the Federal Register of Legislative Instruments. This ensures that agents are not disadvantaged by the update and that the Commonwealth remains neutral in the process.

Key Provisions

The Migration Agents Regulations 1998, as amended by this Notice, specify approved activities for Continuing Professional Development (CPD) for registered migration agents. Under section 290A of the Migration Act 1958, all registered agents must complete approved CPD activities to re-register. This Notice, made under clause 3 of Schedule 1 to the Regulations, allows the Migration Agents Registration Authority (the 'Authority') to specify these activities through a notice published on its website. The Notice specifies new activities that confer points, revokes the previous listing of approved activities, and alters those activities specified as approved by the Authority. The obligations imposed on registered migration agents include the requirement to complete approved CPD activities that have a value of at least 10 points. These activities are detailed in the Notice and must be undertaken within the stipulated timeframes. Failure to complete these activities would prevent the agent from re-registering under the Act. The Authority's role is to publish and update the list of approved CPD activities, ensuring that agents are aware of the required professional development activities. Agents must also ensure they complete these activities before their registration expires or within the allowed period to claim credit for previously completed activities. Breaching the requirement to complete approved CPD activities can result in the agent being unable to re-register. This failure to re-register can lead to the agent losing their registration and being unable to practice as a migration agent. There are no direct criminal or civil penalties specified in this Notice for failing to complete the approved CPD activities, but the inability to maintain registration is a significant consequence. The Authority may also take administrative action against agents who fail to comply with the CPD requirements, potentially including fines or other sanctions as prescribed under the Migration Act 1958 or the Migration Agents Regulations 1998.