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 MN07-11f of 2011, signed on 07/02/2011, 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 The activities which have been withdrawn are….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4 of Schedule 1 of the Migration Agents Regulations 1998, ensures that agents can still claim activities that have been withdrawn by this instrument, provided that they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.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, as amended by the F2011L00573 Notice, were enacted to regulate the activities that registered migration agents must complete for their Continuing Professional Development (CPD). This legislation was introduced to ensure that migration agents maintain their professional competence and adhere to the latest standards and practices in the field of migration law. The instrument was made under clause 3 of Schedule 1 to the Migration Agents Regulations 1998, allowing the Migration Agents Registration Authority (the 'Authority') to specify approved CPD activities via notices published on its website. The primary objective is to provide a clear set of approved activities that agents must undertake to re-register under section 290A of the Migration Act 1958. The Notice specifies new activities that confer CPD points, revokes previously listed activities, and modifies others, ensuring that registered migration agents have up-to-date guidance on the required CPD activities. The retrospective nature of the Notice ensures that agents can claim credit for activities completed within the 12 months prior to applying for repeat registration, thus preventing any disadvantage to the agents.
Scope and Application
The Migration Agents Regulations 1998, as amended by the notice published under clause 3 of Schedule 1, apply to registered migration agents who must complete approved activities for Continuing Professional Development in order to re-register under the Migration Act 1958. This notice, effective from 1 April 1998, specifies the approved activities, including minor revisions and updates to the previously listed activities, and revokes the earlier notice MN07-11f of 2011. The approved activities must each have a value of at least 10 points to meet the re-registration requirements. The scope of this instrument is confined to specifying new and altered activities for Continuing Professional Development, ensuring that registered migration agents can claim credit for activities completed within the 12 months prior to applying for repeat registration. This retrospective application aims to ensure that agents are not disadvantaged, and clause 4 of Schedule 1 further ensures that agents can still claim activities that have been withdrawn, provided they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments. The Commonwealth is not advantaged or disadvantaged by this retrospectivity.
Key Provisions
The Migration Agents Regulations 1998, as amended by this Notice (F2011L00573), primarily concern the activities approved for Continuing Professional Development (CPD) for registered migration agents. Under section 290A of the Migration Act 1958, all registered migration agents are required to complete approved CPD activities that have a value of at least 10 points to re-register. This Notice specifies Miscellaneous activities approved for CPD purposes, revoking the previous notice MN07-11f of 2011 and setting out new activities, thereby altering and updating the list of approved CPD activities.
The Notice outlines obligations on registered migration agents to engage in the newly specified CPD activities. These activities must be completed to maintain their registration and to ensure compliance with the Migration Act 1958. The CPD points are assigned to various activities, such as attending workshops, seminars, or completing online courses relevant to migration law and practices. By engaging in these activities, agents demonstrate their ongoing commitment to professional development and competency in their field.
Failure to comply with the CPD requirements set forth in this Notice can lead to various consequences. While the Notice does not explicitly state specific offences or penalties, non-compliance with the CPD requirements could potentially affect an agent's ability to re-register, which in turn could impact their ability to legally practice as a migration agent. The Migration Act 1958 and the Migration Agents Regulations 1998, however, provide a framework under which the Authority can take appropriate actions against non-compliant agents.
The retrospective nature of the Notice, effective from 1 April 1998, ensures that agents can claim credit for CPD activities completed within 12 months prior to applying for repeat registration. This provision prevents any disadvantage to agents who may have completed approved activities before the Notice was published. Moreover, clause 4 of Schedule 1 of the Regulations allows agents 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. This ensures that the agents are not disadvantaged by the changes and that the Commonwealth is not unduly advantaged or disadvantaged by the retrospectivity of the Notice.