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 MN20-05 of 2005, signed on 11/05/2005, 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
51001
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 The activities which have been withdrawn are….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4 of Schedule 1 of the Migration Agents Regulations 1998, ensures that agents can still claim activities that have been withdrawn by this instrument, provided that they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.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 provide a regulatory framework for migration agents in Australia, ensuring that those who assist individuals with visa applications and related matters are suitably qualified and maintain their professional standards. The explanatory statement for the 1998 Notice details that the Regulations allow the Migration Agents Registration Authority to specify approved activities for Continuing Professional Development (CPD) for registered migration agents. The primary purpose of the 1998 Notice is to outline activities that are approved for CPD, ensuring that migration agents complete relevant training to maintain their registration. The Notice specifies activities involving the preparation and presentation of written or oral material as approved CPD activities, replacing the previous notice from 2005 and listing new activities while ensuring that the retrospective nature of the Notice does not disadvantage the agents or the Commonwealth. This instrument is designed to maintain and enhance the professional standards of migration agents, thereby supporting the integrity of Australia’s migration system.
Scope and Application
The Migration Agents Regulations 1998 govern the conduct and professional development of registered migration agents in Australia. Specifically, the Explanatory Statement for F2006L03463 concerns the specification of approved activities for Continuing Professional Development (CPD) for these agents. This notice, made under clause 3 of Schedule 1 to the Regulations, mandates that all registered migration agents must complete approved CPD activities with a minimum value of 10 points to re-register under section 290A of the Migration Act 1958. The notice outlines which activities are approved for CPD purposes, thereby determining the types of professional engagement and development that are recognised by the Migration Agents Registration Authority (the 'Authority'). This instrument revokes the previous notice from 2005 and specifies new activities, ensuring that agents are not disadvantaged if they complete CPD activities within the 12 months prior to applying for repeat registration. The retrospective nature of this notice ensures that agents can still claim credit for CPD activities undertaken before the notice is registered on the Federal Register of Legislative Instruments, thereby maintaining the integrity and fairness of the CPD requirements.
Key Provisions
The Migration Agents Regulations 1998 (the Regulations), under clause 3 of Schedule 1, empower the Migration Agents Registration Authority (the 'Authority') to specify, via a notice published on its website, approved activities for the purposes of Continuing Professional Development (CPD) for registered migration agents. These activities must have a value of at least 10 points, as stipulated in section 290A of the Migration Act 1958, for agents to re-register. The instrument specifies activities involving the preparation or presentation of written or oral material, which are approved for CPD purposes (section 2). This notice revokes the previous MARA Notice MN20-05 of 2005 and introduces new activities, while ensuring that no existing arrangements are substantially altered (section 5).
The obligations imposed on registered migration agents include completing approved CPD activities that have a value of at least 10 points to satisfy the requirements for re-registration. These activities must involve the preparation or presentation of written or oral material, as outlined in the new notice. Agents must ensure that any CPD activities they undertake fall within the scope of the approved activities specified by the Authority. They must also be mindful of the retrospective nature of the notice, which allows them to claim credit for activities completed within the 12 months prior to applying for repeat registration (section 9).
Breaches of the CPD requirements can lead to civil or criminal consequences. Under section 290A of the Migration Act 1958, failure to complete the required CPD activities can result in the refusal to re-register a migration agent. This can lead to the agent being unable to continue practising as a registered migration agent, thereby affecting their ability to provide migration services. The penalties for non-compliance are not explicitly stated in the explanatory statement, but they may include fines or other administrative penalties as prescribed by the relevant legislation. The retrospective nature of the notice ensures that agents who complete approved activities before the notice is registered on the Federal Register of Legislative Instruments can still claim credit for those activities (section 10).