Migration Agents (Continuing Professional Development - Preparation of Material for Presentation) - MARA Notice MN28-03 of 2003

Administered by Department of Home Affairs

Legislation au F2005B01341 Not in force Legislative Instrument

Legislation content

Migration Agents Registration Authority

 

 

 

Migration Act 1958

 

Migration Agents Regulations 1998

 

 

MIGRATION AGENTS

(CONTINUING PROFESSIONAL DEVELOPMENT –

PREPARATION OF MATERIAL FOR PRESENTATION)

 

MARA NOTICE MN 28 OF 2003

 

The Migration Agents Registration Authority, acting under clause 3 of Schedule 1 to the Migration Agents Regulations 1998:

 

(1)               REVOKES the notice entitled Migration Agents (Continuing Professional Development – Preparation of Material for Presentation) Notice No. 1 of 2002, signed on 29 January 2002.

 

(2)               SPECIFIES that each of the following activities is approved:

 

(a)               the preparation of or presentation of written or oral material which is to be part of or constitute a program of education, conducted by a person or persons currently qualified by practical experience or academic qualifications in the subject matter of the course, that is comprehensive or refresher training;

 

(b)               the preparation or presentation of written or oral material which is to be part of or constitute a private study of audio, video or written material, for example recordings of approved activities;

 

(c)               the preparation or presentation of written or oral material for the purposes of attendance at an approved seminar, workshop, conference or lecture that is conducted by a person or persons currently qualified by practical experience or academic qualifications in the subject matter of the activity; and

 

(d)               the preparation or presentation of written or oral material for use in an examination mentioned at paragraph 8(a) of Schedule 1 of the Migration Agents Regulations 1998.

 

However, the activity:

(a)               must have been completed on or after 1 April 1998;

 

(b)               must not be the preparation or presentation of material that is substantially in the same form as material which a migration agent has already claimed as any other approved activity; and

 

(c)               must be a core activity or an elective activity.

 

(3)               The activity is a core activity if it:

 

(a)               relates specifically to:

 

(i)                 the Migration Act 1958; or

(ii)                the Migration Regulations 1994; or

(iii)              other legislation relating to migration procedure; or

(iv)             portfolio policies and procedures; and

 

 (b) contributes in a positive manner to the development and practice of migration law.

 

(4)               The activity is an elective activity if it:

 

(a)               Relates to a topic or topics of a legal or business nature that is relevant to an agent’s practice as a migration agent; and

 

(b) contributes in a positive manner to the development and practice of migration               law.

 

(5)               The points values for approved activities are:

 

(a)               for an activity mentioned in paragraph (2)(a)(b)(c) or (d) - 2 points. 

 

This notice has effect on and from 1 April 1998.

 

Dated 9 July 2003.

 

 

 

Migration Agents Registration Authority

 

 

[Note: (1) Clause 3 of Schedule 1 to the Migration Agents Regulations 1998 allows the Authority to specify, approved activities by notice published on its website, approved activities, including: 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.]

Note: (2) Approved seminars, workshops, conferences and lectures (in accordance with paragraph (2)(c)) are listed in a separate MARA notice entitled: Migration Agents (Continuing Professional Development – Attendance at a Seminar, Workshop, Conference or Lecture].

Overview

The Migration Agents Registration Authority has enacted a legislative instrument, MARA Notice MN 28 of 2003, to address the need for continuing professional development (CPD) for migration agents under the Migration Agents Regulations 1998. This notice revokes the previous notice from 2002 and specifies which activities are approved for CPD purposes, ensuring that migration agents can maintain and enhance their professional capabilities. The Authority, acting under clause 3 of Schedule 1 to the Migration Agents Regulations 1998, outlines activities such as the preparation and presentation of educational material for programs, private studies, seminars, workshops, conferences, lectures, and examinations. These activities must contribute positively to the development and practice of migration law and must not duplicate material already claimed as another approved activity. The notice came into effect on 1 April 1998, aligning with the commencement date of the Migration Agents Regulations 1998.

Scope and Application

The Migration Agents Registration Authority (MARA) Notice MN 28 of 2003, issued under the Migration Agents Regulations 1998, governs the continuing professional development activities that migration agents in Australia must undertake. This notice revokes the earlier notice from 2002 and specifies approved activities that can be claimed for continuing professional development points, provided they meet certain criteria. These approved activities include the preparation or presentation of written or oral material for education programs, private study, attendance at seminars, workshops, conferences, lectures, and for use in examinations. Importantly, the activities must not duplicate material already claimed as other approved activities, must be completed after 1 April 1998, and must either be core activities related to migration laws and procedures or elective activities relevant to an agent’s practice that contribute positively to the development and practice of migration law. Each of these activities earns two points towards the agents' professional development requirements.

Key Provisions

The primary sections of MARA Notice MN 28 of 2003, issued under clause 3 of Schedule 1 to the Migration Agents Regulations 1998, include the revocation of the earlier notice, "Migration Agents (Continuing Professional Development – Preparation of Material for Presentation) Notice No. 1 of 2002," and the specification of activities approved for continuing professional development. The notice specifies four activities that are approved: the preparation or presentation of written or oral material for educational programs, private study, seminars, workshops, conferences, lectures, and examinations. These activities must be completed on or after 1 April 1998, must not duplicate material already claimed as another approved activity, and must be either core or elective activities. Migration agents must ensure that their professional development activities fall within the approved categories and adhere to the criteria set forth in the notice. Core activities must relate specifically to the Migration Act 1958, the Migration Regulations 1994, other migration-related legislation, or portfolio policies and procedures, and they must contribute positively to the development and practice of migration law. Elective activities must relate to topics relevant to the agent's practice and also contribute positively to the development and practice of migration law. Each approved activity carries a points value of 2, which is relevant for professional development requirements. Failure to comply with the requirements of this notice may have legal consequences. While the notice itself does not explicitly state penalties for non-compliance, non-compliance with continuing professional development requirements under the Migration Agents Regulations 1998 could lead to disciplinary action, including the potential revocation of a migration agent's registration. The Migration Agents Registration Authority has the power to take action against agents who fail to meet their professional development obligations, which could ultimately result in the loss of registration and the inability to practise as a migration agent in Australia.

Legal classification tags

Area of Law
Immigration & Refugee Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Compliance Obligations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.