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 website, approved activities for the purposes of Continuing Professional Development for registered migration agents. The notice may include in relation to each activity: the name of the activity; the provider (if any) of the activity; whether the activity is a core activity or an elective activity; and the number of points for each activity.
3. The purpose of the Instrument is to specify preparation of or presentation of written or oral material for use, in whole or part, in an approved Continuing Professional Development activity for Registered Migration Agents.
4. The instrument will revoke the notice entitled Migration Agents (Continuing Professional Development – Preparation of Material for Presentation) MARA Notice MN28 - 03 of 2003, published on 9 July 2003; and specify a new set of material described in columns 2 and 3 of an item as set out in the attached Schedule.
5. These new activities are approved activities for the purposes of clause 3 of Schedule 1 to the Regulations. They are approved activities for the purposes of Continuing Professional Development for Registered Migration Agents with the status specified in column 3; and having the value specified in column 4.
6. 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. The instrument 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 under these circumstances is not required.
7. The instrument revokes a previously published notice however the new notice must be approved effective on 1 April 1998. Accordingly the instrument requires retrospective application.
8. The instrument requires retrospectivity because it includes activities approved in previous notices which have now been revoked (see clause 1 of the Instrument).
9. Unless retrospectivity is granted, that is the Notice is effective from 1 April 1998, individuals who have completed activities under previous notices (now revoked) will be disadvantaged as the activities undertaken before the instrument is registered will have the effect of no longer being approved activities. Therefore individuals who completed an approved activity at the time of undertaking the activity will be unable to rely on these points for continuing professional development – required under section 290A of the Migration Act 1958.
10. The Commonwealth is neither advantaged nor disadvantaged by the retrospectivity.
Overview
The Migration Agents Regulations 1998 (F2005L01143) were enacted to provide a regulatory framework for the professional conduct of migration agents in Australia, with a focus on ensuring their competency through continuing professional development. The explanatory statement accompanying this instrument clarifies that the notice issued under clause 3 of Schedule 1 to the Regulations is intended to specify approved activities for the purposes of Continuing Professional Development for registered migration agents. This notice was introduced by the Migration Agents Registration Authority, which operates under the authority granted by the Migration Act 1958. The policy objective of this instrument is to ensure that migration agents maintain their professional standards and knowledge base, thereby facilitating compliance with migration laws and protecting the interests of clients. This instrument specifically revokes an earlier notice and introduces a new set of approved activities for continuing professional development, effective retrospectively to avoid disadvantaging agents who participated in now-revoked activities.
Scope and Application
The Migration Agents Regulations 1998, as amended by the specified Instrument, apply to registered migration agents within Australia, governing their continuing professional development (CPD) activities. These regulations are made under clause 3 of Schedule 1 to the Regulations, allowing the Migration Agents Registration Authority to specify approved CPD activities via notices on its website. The new Instrument, while minor and machinery in nature, revokes the previous notice MN28-03 of 2003 and introduces new activities for CPD purposes, specifying their status and points allocation. These activities include the preparation or presentation of written or oral material, with retrospective application granted to ensure that activities completed under previous notices are still recognised. The instrument does not require consultation as it does not substantially alter existing arrangements but merely updates the list of approved CPD activities to maintain compliance with section 290A of the Migration Act 1958.
Key Provisions
The Migration Agents Regulations 1998, under clause 3 of Schedule 1, empower the Migration Agents Registration Authority (the 'Authority') to specify approved activities for Continuing Professional Development (CPD) for registered migration agents. This legislative framework aims to ensure that migration agents maintain their professional competency and knowledge. According to clause 3, the Authority can publish notices on its website specifying the approved activities, including details such as the name of the activity, the provider, whether it is a core or elective activity, and the number of points awarded for each activity (Migration Agents Regulations 1998, clause 3).
The obligations imposed by this legislation require registered migration agents to engage in specified CPD activities to maintain their registration. These activities must be approved by the Authority and must fall within the categories outlined in the published notices. Migration agents are expected to accumulate a certain number of CPD points within a specified period, as required by section 290A of the Migration Act 1958. Failure to meet these CPD requirements can result in the suspension or cancellation of their registration.
The legislation also outlines the consequences for non-compliance with the CPD requirements. If a registered migration agent fails to meet the CPD obligations, they risk the suspension or cancellation of their registration under the Migration Act 1958. This serves as a deterrent to ensure that migration agents remain current with industry standards and regulations. Additionally, the Authority may impose administrative penalties or take other enforcement actions as deemed appropriate to ensure compliance with the CPD requirements.
In summary, the Migration Agents Regulations 1998, as amended by this notice, specify the approved CPD activities for registered migration agents. These activities must be undertaken to maintain registration, and failure to comply can result in penalties, including the suspension or cancellation of registration. The legislation aims to uphold the professional standards of migration agents and ensure they remain competent in their practice.