Overview

The Migration Agents Regulations 1998, enacted by the Australian government, established a framework for the regulation of migration agents. This legislative instrument aims to ensure that migration agents maintain their professional standards through Continuing Professional Development (CPD). The explanatory statement outlines that the regulations allow the Migration Agents Registration Authority (the 'Authority') to specify approved CPD activities via notices on their website. These activities are crucial for migration agents to complete in order to re-register under section 290A of the Migration Act 1958. This particular instrument, which was made under clause 3 of Schedule 1 of the Regulations, specifies new activities for CPD and revokes previous notices. It is of a minor nature, does not substantially alter existing arrangements, and is retrospective to ensure that agents can claim credit for activities completed before the notice was published. The policy objective is to maintain high standards of professional conduct among migration agents by ensuring they engage in relevant CPD activities.

Scope and Application

The Migration Agents Regulations 1998, specifically this Notice, pertains to registered migration agents and sets out approved activities for Continuing Professional Development (CPD) which these agents must complete to re-register under the Migration Act 1958. The instrument outlines activities that qualify for CPD, replacing previous listings and conferring points on new activities specified in the Schedule. The instrument applies to all registered migration agents in Australia, providing clarity on what activities are approved for CPD purposes. It has a national reach, affecting all agents registered under the Commonwealth. The retrospective nature of the Notice ensures that agents can claim credit for CPD activities completed within the 12 months prior to applying for repeat registration, provided these activities are undertaken before the instrument is registered on the Federal Register of Legislative Instruments. Clause 4 of Schedule 1 of the Regulations ensures that agents are not disadvantaged by the withdrawal of previously approved activities if they are completed before the Notice is registered.

Key Provisions

The primary focus of this Notice is to specify approved activities for Continuing Professional Development (CPD) for registered migration agents, in accordance with clause 3 of Schedule 1 to the Migration Agents Regulations 1998 (section 2). These activities, which have a value of at least 10 points, are mandatory for agents seeking re-registration under section 290A of the Migration Act 1958 (section 3). The Notice revokes previous notices, specifically Migration Agents (Continuing Professional Development – Miscellaneous activities) MARA Notice MN40-10f of 2010 and Migration Agents (Continuing Professional Development – Authorship and Publication of Articles) MARA Notice MN42-07d of 2007 (section 4). It introduces new activities, modifies existing ones, and is of a minor or machinery nature, not substantially altering existing CPD arrangements (section 5). The changes are effective from 1 April 1998, ensuring that agents can claim credit for CPD activities completed within the 12 months prior to applying for repeat registration (section 8). The Notice imposes obligations on registered migration agents to complete the specified CPD activities, ensuring they meet the minimum point requirement for re-registration (section 2). Agents must ensure that their CPD activities are approved by the Authority and that they accumulate the requisite number of points to satisfy the re-registration requirements (section 290A of the Migration Act 1958). Failure to complete the required CPD activities will result in the inability to re-register, thereby preventing the agent from legally practising as a migration agent (section 290A of the Migration Act 1958). There are no direct offences, penalties, or civil/criminal consequences specified within the Notice itself. However, the failure to complete the required CPD activities and accumulate the necessary points may result in non-compliance with the Migration Act 1958, potentially leading to the suspension or revocation of the agent's registration. This, in turn, would prevent the agent from legally practising as a migration agent, which is a serious professional and legal consequence (section 290A of the Migration Act 1958). The retrospective nature of the Notice ensures that agents who completed activities before the Notice was published can still claim credit for those activities, thereby avoiding any disadvantage (section 9).