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 MN07-10f of 2010, signed on 08/02/2010, 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 The activities which have been withdrawn are….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4 of Schedule 1 of the Migration Agents Regulations 1998, ensures that agents can still claim activities that have been withdrawn by this instrument, provided that they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.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 were enacted to provide a regulatory framework for the activities of registered migration agents in Australia. This legislation aims to ensure that migration agents maintain a high standard of professional competence and integrity in their practice, ultimately protecting the interests of clients and the integrity of Australia's migration system. The Migration Agents Registration Authority, established under the Migration Act 1958, has the responsibility to specify approved activities for the purpose of Continuing Professional Development (CPD). This explanatory statement pertains to a notice made under clause 3 of Schedule 1 of the Regulations, specifying new approved CPD activities for registered migration agents. The objective of this notice is to update the list of approved CPD activities, thereby ensuring that migration agents can continue to meet their re-registration requirements by engaging in relevant and up-to-date professional development. The notice revokes the previous listing and introduces new activities, while maintaining the integrity and effectiveness of the CPD requirements for migration agents.
Scope and Application
The Migration Agents Regulations 1998, under which this instrument operates, govern the registration and professional conduct of migration agents in Australia. The regulations apply to all persons or entities acting as migration agents in Australia, which includes individuals, businesses, and other entities involved in migration services. The instrument specifies approved activities for the purposes of Continuing Professional Development (CPD) for registered migration agents, which is a requirement under section 290A of the Migration Act 1958 for re-registration. It applies nationally across Australia as it is a Commonwealth instrument. The instrument revokes the previous notice on CPD activities and replaces it with new activities, ensuring that migration agents can continue to comply with their CPD obligations. The instrument is effective retrospectively to 1 April 1998, allowing agents to claim credit for CPD activities completed before the notice was published, provided they were undertaken before the instrument was registered on the Federal Register of Legislative Instruments. The retrospective effect does not disadvantage migration agents or the Commonwealth, as stipulated in clause 4 of Schedule 1 of the Migration Agents Regulations 1998.
Key Provisions
The key provisions of the F2010L01497 Notice pertain to the Continuing Professional Development (CPD) requirements for registered migration agents, which are outlined under clause 3 of Schedule 1 of the Migration Agents Regulations 1998. This clause empowers the Migration Agents Registration Authority (the 'Authority') to specify approved CPD activities through a notice published on its website. According to section 290A of the Migration Act 1958, all registered migration agents must complete approved CPD activities that carry a value of at least 10 points to re-register. The Notice itself specifies miscellaneous activities that are approved for CPD purposes, thereby replacing the previous listing of approved activities with a new set of activities.
The Notice imposes specific obligations on registered migration agents. Firstly, it mandates that agents must engage in approved CPD activities to maintain their registration. These approved activities must collectively accumulate a total of at least 10 points, as specified by the Notice. Agents must ensure that any CPD activities they undertake fall within the approved list detailed in the Notice. Secondly, the Notice requires agents to complete these activities within the stipulated timeframe, ensuring that they maintain their CPD points balance as required for re-registration.
The Notice also delineates the consequences of non-compliance with the CPD requirements. While the Notice itself does not explicitly outline offences or penalties, failure to complete the required CPD activities or to accumulate the necessary points could result in the inability to re-register as a migration agent. This inability to re-register could have significant professional implications for the agents, potentially affecting their eligibility to provide migration services. However, the Notice ensures that agents can still claim CPD activities that have been withdrawn by the instrument, provided that these activities are completed before the instrument is registered on the Federal Register of Legislative Instruments.