Overview

The Migration Agents Regulations 1998, enacted by the Australian Parliament, was designed to regulate the activities of migration agents and to ensure that they maintain a certain level of professional competence through Continuing Professional Development (CPD). This legislative framework was introduced to address the need for maintaining high standards in the provision of migration services. The explanatory statement outlines a Notice made under the authority of the Migration Agents Registration Authority, specifying approved CPD activities for registered migration agents, which must be completed to meet re-registration requirements under the Migration Act 1958. The Notice specifies new activities for CPD, revokes outdated activities, and alters existing ones, ensuring that the CPD activities remain relevant and aligned with current professional standards. The instrument is minor and does not substantially change the existing CPD framework for migration agents, though it is retrospective to ensure fairness and continuity for agents who complete CPD activities prior to the notice's publication.

Scope and Application

The Migration Agents Regulations 1998, as amended by this Notice, apply to registered migration agents who must engage in approved Continuing Professional Development (CPD) activities to maintain their registration. These regulations extend to all Commonwealth areas, ensuring that the standards and requirements are uniformly applied across Australia. The Notice specifies activities that are approved for CPD purposes, providing a new set of activities while revoking the previous list. This instrument includes minor changes and does not require consultation as it does not substantially alter existing arrangements. The activities specified in the Notice confer points that must be completed by registered agents to meet the CPD requirements for re-registration under section 290A of the Migration Act 1958. Notably, the Notice is retrospective, effective as of 1 April 1998, to allow agents to claim credit for activities completed within 12 months prior to their application for repeat registration, without disadvantaging them or affecting the Commonwealth's interests.

Key Provisions

The Migration Agents Regulations 1998, specifically clause 3 of Schedule 1, empower the Migration Agents Registration Authority (the 'Authority') to specify, through a notice on its website, approved activities for Continuing Professional Development (CPD) for registered migration agents. Under section 290A of the Migration Act 1958, these agents must complete approved CPD activities that have a value of at least 10 points to re-register. The explanatory statement clarifies that this notice aims to specify miscellaneous activities approved for CPD purposes, revoking the previous notice (Office of the Migration Agents (Continuing Professional Development – Miscellaneous activities) MARA Notice MN22-10f of 2010) and introducing new activities. The obligations imposed by this Act require all registered migration agents to engage in the specified CPD activities to maintain their registration. These activities must be completed within the stipulated timeframe and carry a minimum value of 10 points each. The Authority’s role is to ensure that these activities are relevant and beneficial to the professional development of migration agents, thereby maintaining high standards of practice in the field. Failure to comply with the CPD requirements may result in consequences under the Migration Act 1958. Although the explanatory statement does not detail specific offences or penalties, it is implied that non-compliance could lead to difficulties in re-registering as a migration agent. The retrospective application of the notice ensures that agents who completed CPD activities within the 12 months prior to the notice’s publication can still claim credit for these activities, thereby avoiding any disadvantage. This retrospective application is designed to be fair to both the agents and the Commonwealth, ensuring that no party is unduly advantaged or disadvantaged by the changes.