Overview

The Migration Agents Regulations 1998, enacted to regulate the activities of migration agents in Australia, address the need for continuous professional development (CPD) to ensure that agents remain current with legal and procedural changes in migration law. This regulation was enacted by the Australian Parliament and aims to maintain high standards of professional conduct and competence among migration agents. The explanatory statement outlines a notice issued under clause 3 of Schedule 1 to the Regulations, which specifies approved CPD activities for migration agents. The purpose of this notice is to update the list of approved CPD activities, revoking the previous notice and introducing new activities that migration agents must complete to re-register. The notice is of a minor nature, does not substantially alter existing arrangements, and is retrospective to ensure that agents are not disadvantaged for completing activities prior to the notice's publication. This ensures that agents can claim credit for CPD activities completed within the 12 months prior to their application for re-registration.

Scope and Application

The explanatory statement outlines the scope and application of a notice made under clause 3 of Schedule 1 to the Migration Agent Regulations 1998, which specifies activities for Continuing Professional Development (CPD) for registered migration agents. The notice, published by the Migration Agents Registration Authority (the 'Authority'), revokes a previous notice from 2008 and specifies a new set of approved activities that registered migration agents must complete in order to re-register under section 290A of the Migration Act 1958. The new activities confer points and are applicable to all registered migration agents, which encompass individuals or entities involved in migration-related services in Australia. The notice is of a minor nature, not requiring consultation as it does not substantially alter existing CPD arrangements, and it operates retrospectively to ensure agents can claim credit for activities completed within the 12 months prior to applying for repeat registration. The notice’s retrospective application does not disadvantage migration agents or the Commonwealth, as it adheres to the provisions of clause 4 of Schedule 1 of the Regulations, allowing agents to still claim withdrawn activities completed before the notice's registration on the Federal Register of Legislative Instruments.

Key Provisions

The Migration Agents Regulations 1998 (the Regulations) under clause 3 of Schedule 1 provide a framework for the Migration Agents Registration Authority (the Authority) to specify approved activities for Continuing Professional Development (CPD) for registered migration agents. This notice specifies activities involving the preparation or presentation of written or oral material for use, in whole or part, which are approved for CPD purposes (section 2). These activities are integral for registered migration agents to complete in order to re-register under section 290A of the Migration Act 1958, with a minimum requirement of 10 points (section 3). Registered migration agents are required to undertake the approved activities listed in the notice to maintain their registration. These activities must be completed to ensure compliance with the CPD requirements stipulated in the Regulations. This ongoing professional development ensures that agents remain knowledgeable and proficient in their field, upholding the standards set by the Authority. The activities must be completed within the specified timeframes to avoid any lapse in registration, which could affect their eligibility to practice. Breach of the CPD requirements could lead to consequences for the registered migration agents. While the notice does not specify detailed penalties, failure to complete the required CPD activities could result in non-renewal of registration under section 290A of the Migration Act 1958. This could potentially impact their ability to practice as a migration agent in Australia. The Authority may take further action against agents who fail to comply with the CPD requirements, which could include investigations or other regulatory measures. The instrument, which is of a minor or machinery nature, revokes the previous notice entitled Migration Agents (Continuing Professional Development – Preparation of Material for Presentation) MN36-08e of 2008 and specifies new activities. This change ensures that agents are not disadvantaged if they complete any of the CPD activities listed in the notice before its publication. The retrospective nature of the notice, effective as of 1 April 1998, allows agents to claim credit for activities completed within the 12 months prior to applying for repeat registration, provided they are completed before the instrument is registered on the Federal Register of Legislative Instruments.