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 MN10-07e of 2007, signed on 8/03/2007, 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….
Item
500000, 500001, 500002, 500003, 520000, 520001, 530000, 530001, 560000, 560001
7. The activities which have been withdrawn are….
Item
512001, 512002, 513001, 513002, 516001, 516002, 522001, 522002, 523001, 523002, 526001, 526002, 532001, 532002, 533001, 533002, 536001, 536002, 555001, 555002
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, made under the Migration Act 1958, were enacted to establish a regulatory framework governing the professional conduct and continuous professional development of migration agents in Australia. This legislation was introduced to address the need for ensuring that migration agents maintain and enhance their professional competence and integrity to effectively serve clients and uphold the standards of the migration industry. The enactment of these regulations falls under the authority of the Parliament of Australia, with the Migration Agents Registration Authority (the 'Authority') being tasked with specifying approved activities for Continuing Professional Development. The policy objective is to ensure that all registered migration agents complete approved activities with a value of at least 10 points to re-register under section 290A of the Migration Act 1958, thereby maintaining high standards of professional conduct within the industry.
Scope and Application
The Migration Agents Regulations 1998 applies to registered migration agents, ensuring that they meet specific criteria for Continuing Professional Development (CPD) to maintain their registration. The instrument specifies activities involving the preparation or presentation of written or oral material for use in whole or part, which are approved for CPD purposes. This includes the allocation of points for different activities, requiring agents to complete activities worth at least 10 points to re-register under section 290A of the Migration Act 1958. The instrument operates on a Commonwealth level, affecting registered migration agents across Australia, and includes retrospective application to ensure that agents can claim CPD activities completed within the 12 months prior to applying for repeat registration. The instrument does not substantially alter existing arrangements, merely specifying new approved activities and revoking previous ones, with no consultation required under these circumstances. The instrument's scope ensures that agents are neither advantaged nor disadvantaged by its retrospective application.
Key Provisions
The Migration Agents Regulations 1998, as specified in clause 3 of Schedule 1, empower the Migration Agents Registration Authority (the 'Authority') to determine approved activities for Continuing Professional Development (CPD) for registered migration agents. These activities must have a minimum value of 10 points for agents to re-register under section 290A of the Migration Act 1958 (1). The primary focus of this legislation is to delineate specific activities involving the preparation or presentation of written or oral material that qualify as approved CPD activities (2). These activities must be undertaken to maintain registration and ensure that agents remain proficient and compliant with current standards.
Registered migration agents must engage in these approved CPD activities to fulfil the re-registration requirements under the Migration Act. The regulations mandate that agents complete a minimum of 10 points of CPD activities within a specified period to maintain their registration. This includes activities that are listed and approved by the Authority, ensuring that agents are kept up-to-date with the latest developments and legal standards in migration practices (3). Failure to complete the required CPD activities may result in the agent being unable to re-register, thereby rendering them unable to practice as a migration agent.
The legislation imposes specific consequences for breaches of the CPD requirements. Agents who fail to complete the mandated CPD activities may face difficulties in re-registering, which could lead to an inability to practice as a migration agent. This represents a significant regulatory compliance issue, as it directly impacts an agent’s ability to legally provide migration services (4). Additionally, the Authority retains the power to revoke the registration of agents who fail to meet these requirements, further emphasising the importance of compliance with the CPD regulations.
Penalties and consequences for non-compliance with the CPD requirements are outlined within the regulations. While the specific penalties are not detailed in the explanatory statement, it is clear that failure to engage in the required CPD activities can result in the inability to re-register as a migration agent. This is a substantial consequence, as it directly affects an agent’s livelihood and professional status. The regulations ensure that agents are held to high standards of professional development, promoting competence and reliability in the provision of migration services (5).