Overview

The Explanatory Statement for the Migration Agents Regulations 1998, made under clause 3 of Schedule 1, details a notice by the Migration Agents Registration Authority (the 'Authority') that specifies activities for the purposes of Continuing Professional Development (CPD) for registered migration agents. Enacted under the Migration Act 1958, this instrument addresses the need for registered migration agents to engage in CPD to maintain their registration. The Authority specifies approved activities that agents must complete to accumulate points for re-registration, ensuring they stay current with professional standards and practices. The notice revokes the previous listing of approved CPD activities and introduces new ones, specifying the points value of each activity. This minor instrument is effective from 1 April 1998 and is retrospective to allow agents to claim CPD activities completed within the 12 months prior to applying for re-registration, without disadvantaging them or the Commonwealth.

Scope and Application

The Migration Agents Regulations 1998 apply to all registered migration agents in Australia, requiring them to complete approved activities to maintain their registration. These regulations allow the Migration Agents Registration Authority to specify, through notices published on its website, the activities that count towards Continuing Professional Development (CPD) for re-registration purposes. The explanatory statement outlines the instrument which specifies new activities for CPD, including the preparation or presentation of written or oral material for use in whole or in part. This instrument revokes the previous notice and specifies a new set of activities, conferring points on the new activities listed in the schedule. The instrument is of a minor or machinery nature, meaning it does not substantially alter existing arrangements for CPD for registered migration agents. The retrospective effect of the notice ensures that migration agents can claim credit for CPD activities completed within the 12 months prior to applying for repeat registration. This ensures that agents are not disadvantaged if they complete any of these activities before the notice is published. The Commonwealth is neither advantaged nor disadvantaged by the retrospectivity.

Key Provisions

The Migration Agents Regulations 1998 (the Regulations) under clause 3 of Schedule 1 allow the Migration Agents Registration Authority (the 'Authority') to specify approved activities for the purposes of Continuing Professional Development (CPD) by notice published on its website. This is crucial for all registered migration agents who must complete these approved activities, each valued at a minimum of 10 points, in order to re-register under section 290A of the Migration Act 1958. The primary aim of this instrument is to specify activities involving the preparation of or presentation of written or oral material for use, in whole or in part, as approved CPD activities for registered migration agents. The obligations imposed by the Act require registered migration agents to engage in the approved activities specified by the Authority. These activities must be completed to the satisfaction of the Authority and with the appropriate point value to meet the CPD requirements necessary for re-registration. The Authority's role is to ensure that migration agents maintain a high standard of professional competence and knowledge by participating in these specified CPD activities. The Authority’s decisions on what constitutes approved activities are critical in maintaining these standards and ensuring that agents are well-equipped to handle the complexities of migration law. Failure to comply with the CPD requirements set out in the Regulations can lead to civil or criminal consequences, depending on the nature and severity of the breach. While the specific penalties are not detailed in the explanatory statement, it is generally understood that breaches of the Migration Act 1958 can result in substantial penalties. These may include fines and potential disqualification from practising as a migration agent. The retrospective nature of this notice ensures that agents who completed certain activities before the notice was published can still claim credit for these activities, provided they were completed within the 12 months prior to applying for repeat registration. This ensures fairness and avoids disadvantaging agents who may have completed activities before the notice was officially published.