EXPLANATORY STATEMENT
Migration Agents Regulations 1998
- This Notice is made under clause 3 of Schedule 1 to the Migration Agent 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 activities involving preparation of or presentation of written or oral material for use, in whole or part, which are approved for the purposes of Continuing Professional Development for registered migration agents.
4. The instrument revokes the notice entitled Migration Agents (Continuing Professional Development – Preparation of Material for Presentation) MARA Notice MN47-06e of 2006, signed on 20/11/2006, and specifies a new set of activities.
5. 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.
6. The new activities included in the notice are….
NIL
7. The activities which have been withdrawn are….
NIL
8. The activities which have altered are:
NIL
9. The instrument revokes a previously published 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.
10. 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4 of Schedule 1 of the Migration Agents Regulations 1998, ensures that agents can still claim activities that have been withdrawn by this instrument, provided that they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.
11. The Commonwealth is neither advantaged nor disadvantaged by the retrospectivity.
Overview
The Migration Agents Regulations 1998 were enacted to address the need for a structured approach to the Continuing Professional Development (CPD) of registered migration agents in Australia. This legislation was introduced to ensure that migration agents maintain and enhance their professional competencies. The enacting body for these regulations is the Australian Parliament, with the policy objective being to safeguard the public by ensuring that only qualified and continuously developing professionals operate in the field of migration services. The explanatory statement indicates that the regulations provide a framework for the Migration Agents Registration Authority to specify approved CPD activities that migration agents must complete to maintain their registration. The instrument in question specifies new activities for CPD purposes, replacing the previous set of approved activities, and ensures that agents are not disadvantaged by any changes, through its retrospective application.
Scope and Application
The Migration Agents Regulations 1998, under the Migration Act 1958, apply to all registered migration agents who must complete approved activities that have a value of at least 10 points to re-register. This legislation mandates that all registered migration agents must engage in Continuing Professional Development (CPD) activities, which involve the preparation or presentation of written or oral material for use in whole or part. The purpose of this regulation is to ensure that migration agents maintain and enhance their professional skills and knowledge. The geographic reach of this Act is national, as it pertains to the Commonwealth of Australia and applies uniformly across all states and territories. The Act does not specify any exclusions or exemptions and extends its application through subordinate instruments, such as notices published by the Migration Agents Registration Authority (Authority). These notices specify the approved activities for CPD, and any changes to these activities are communicated via such notices, ensuring that the regulation remains current and relevant.
Key Provisions
The Migration Agents Regulations 1998 (the "Regulations") establish a framework for Continuing Professional Development (CPD) for registered migration agents. Under section 290A of the Migration Act 1958, all registered migration agents must complete approved CPD activities that have a value of at least 10 points to re-register. Clause 3 of Schedule 1 to the Regulations empowers the Migration Agents Registration Authority (the "Authority") to specify, through notices published on its website, activities that qualify as approved CPD for migration agents. The explanatory statement outlines the purpose of this particular notice, which is to specify activities involving the preparation or presentation of written or oral material for use in whole or in part as approved CPD activities.
The obligations imposed by this notice require all registered migration agents to undertake approved CPD activities. These activities must be those specified by the Authority and must have a value of at least 10 points to meet the re-registration requirements under section 290A of the Migration Act 1958. The notice revokes the previous notice, titled "Migration Agents (Continuing Professional Development – Preparation of Material for Presentation) MARA Notice MN47-06e of 2006," and replaces it with a new set of activities. The notice specifies activities that involve the preparation or presentation of written or oral material, which are recognised as approved CPD activities. Agents must ensure they complete these activities to satisfy their CPD obligations.
Failure to comply with the CPD requirements outlined in the notice may lead to consequences for the registered migration agents. Although the explanatory statement does not detail specific offences or penalties, non-compliance with the CPD requirements could result in the inability to re-register, which would prevent the agent from legally practising. The retrospective nature of the notice, effective as of 1 April 1998, ensures that agents can claim credit for activities completed within the 12 months prior to applying for repeat registration. This ensures that agents are not disadvantaged if they complete these activities before the notice is published. The explanatory statement assures that this retrospectivity does not disadvantage migration agents or the Commonwealth.