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 Private Study of Audio, Video or Written Material, 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 – Private Study of Audio, Video or Written Material) MARA Notice MN51-07b of 2007, signed on 21/12/2007, 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
20096, 20097, 20098, 20099, 20100, 20101, 20102, 20103, 20104, 20105, 20106, 20107, 20108, 20109
7. The activities which have been withdrawn are….
Item
210047, 210048
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4 of Schedule 1 of the Migration Agents Regulations 1998, ensures that agents can still claim activities that have been withdrawn by this instrument, provided that they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.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 ensure that registered migration agents engage in ongoing professional development to maintain their competency and keep abreast of changes in migration laws and practices. This regulatory framework is designed to safeguard the integrity of the migration process by ensuring that agents are qualified and continuously improving their skills. The Migration Agents Registration Authority, under the authority conferred by the Migration Act 1958, issues notices to specify approved activities for Continuing Professional Development. The primary objective of the Explanatory Statement is to update and specify new activities involving Private Study of Audio, Video or Written Material that are approved for the purposes of Continuing Professional Development for registered migration agents. This notice revokes the previous listing and introduces new activities, ensuring that agents can claim credit for relevant activities completed prior to the notice’s publication.
Scope and Application
The Migration Agents Regulations 1998, as amended by the Explanatory Statement, pertain to registered migration agents and their obligation to complete approved activities for Continuing Professional Development (CPD) to maintain their registration under the Migration Act 1958. The Authority, responsible for overseeing these activities, has the power to specify approved CPD activities through notices published on its website. These activities must accumulate a value of at least 10 points to be eligible for re-registration. The current instrument specifies activities involving private study of audio, video, or written material as approved CPD activities, replacing a previous notice and specifying new activities. The instrument does not require consultation as it is of a minor nature, merely conferring points on new activities, revoking previous listings, and altering specified activities without substantially altering existing CPD arrangements for migration agents. The notice is retrospective, effective as of 1 April 1998, to ensure that agents can claim credit for CPD activities completed within the 12 months prior to applying for repeat registration, thereby not disadvantaging them.
Key Provisions
The key operative sections of this legislation (section 2) provide for the Authority to specify approved activities for Continuing Professional Development (CPD) for registered migration agents. This requirement is stipulated under clause 3 of Schedule 1 to the Migration Agents Regulations 1998. Section 290A of the Migration Act 1958 mandates that all registered migration agents must complete CPD activities with a minimum value of 10 points to re-register. This instrument specifically addresses the approval of private study activities involving audio, video, or written material for CPD purposes.
Registered migration agents are obligated to engage in the approved activities listed in the new notice. These activities have been set out to ensure that agents maintain and improve their professional competence. The notice specifies that agents must complete activities with a value of at least 10 points to meet the re-registration requirements under section 290A of the Migration Act 1958. The Authority is responsible for specifying these activities and ensuring they are aligned with the agents' professional development needs.
Failure to comply with the CPD requirements can result in penalties. Specifically, if a migration agent does not complete the required CPD activities, they may be unable to re-register under section 290A of the Migration Act 1958. This means they cannot legally operate as a registered migration agent in Australia. The exact penalties for non-compliance are not specified in the notice but generally include the inability to renew registration, which effectively bars the agent from practising in their profession.
The instrument also outlines the retrospective application of the new notice, effective as of 1 April 1998. This ensures that agents can claim credit for CPD activities completed within the 12 months prior to applying for re-registration. The retrospective nature does not disadvantage agents, as clause 4 of Schedule 1 of the Migration Agents Regulations 1998 allows agents to claim activities that have been withdrawn by this instrument, provided they were undertaken before the instrument was registered on the Federal Register of Legislative Instruments. This ensures that agents are not disadvantaged if they complete any of these activities before the notice is published.