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 MN27-10f of 2010, signed on 1/07/2010, 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….
Item |
60879 |
60880 |
60881 |
60882 |
640002 |
6. The activities which have been withdrawn are….
Item |
60858 |
60859 |
60860 |
60861 |
60862 |
60863 |
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4 of Schedule 1 of the Migration Agents Regulations 1998, ensures that agents can still claim activities that have been withdrawn by this instrument, provided that they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.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, enacted to regulate the professional activities of migration agents in Australia, introduced a framework for Continuing Professional Development (CPD) for registered agents to ensure they maintain a high standard of professional competence. The Migration Agents Registration Authority (the Authority) under the Migration Act 1958, has the power to specify activities that count towards the CPD requirements. This specific legislative instrument, made under clause 3 of Schedule 1 of the Regulations, aims to update the list of approved CPD activities, revoking the previous notice and introducing new activities, while ensuring that the changes do not disadvantage agents who have already completed relevant activities before the new notice was published. This approach ensures that the CPD requirements remain relevant and effective in maintaining professional standards within the migration industry.
Scope and Application
The Explanatory Statement for F2010L02610 provides clarity on the scope and application of the Migration Agents Regulations 1998, specifically addressing Continuing Professional Development (CPD) activities for registered migration agents. This instrument applies to all registered migration agents in Australia, ensuring they complete approved CPD activities to maintain their registration under section 290A of the Migration Act 1958. These activities must be valued at a minimum of 10 points, as stipulated in the Regulations. The instrument outlines new activities approved for CPD, revokes previous listings, and modifies certain activities to align with current standards. The retrospective application of this instrument, effective from 1 April 1998, allows agents to claim credit for CPD activities completed within 12 months prior to applying for re-registration, ensuring no disadvantage to agents or the Commonwealth. The Authority specifies these activities on its website, providing a clear framework for compliance.
Key Provisions
The main operative sections of this Notice specify the approved activities for Continuing Professional Development (CPD) for registered migration agents under the Migration Agents Regulations 1998 (section 3). These activities are intended to ensure that agents maintain and enhance their professional skills and knowledge. The Notice lists specific activities, assigning them points values that agents must accumulate to meet the CPD requirements for re-registration under section 290A of the Migration Act 1958. For example, activities such as attending workshops, completing online courses, and participating in seminars are designated with point values. These points must total at least 10 for an agent to be eligible for re-registration.
The Notice imposes several obligations on the parties it governs, primarily the registered migration agents. They are required to complete the specified CPD activities within the stipulated timeframes to meet the point requirements for re-registration. This includes ensuring that any CPD activity undertaken is one that has been approved and assigned a point value by the Migration Agents Registration Authority. Additionally, agents must accurately record and report the CPD activities they have completed, as this documentation will be required during the re-registration process. Failure to comply with these obligations could result in difficulties when attempting to renew their registration.
The Notice does not explicitly state offences or penalties for breach but implies that failure to complete the required CPD activities or submit the necessary documentation could result in an inability to re-register as a migration agent. This would effectively prevent the agent from legally practising in their profession. The Migration Act 1958 provides the overarching framework for penalties associated with non-compliance, which could include fines and potential criminal charges for serious breaches. However, the specific penalties would depend on the nature and severity of the non-compliance, as well as any other applicable laws and regulations.