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 MN06-08b of 2008, signed on 7/02/2008, 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….
7. The activities which have been withdrawn are….
Item |
210049 |
210050 |
210051 |
210052 |
8. The activities which have altered are:
Item |
20101 |
20102 |
20103 |
20104 |
20105 |
20106 |
20107 |
20108 |
20109 |
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4 of Schedule 1 of the Migration Agents Regulations 1998, ensures that agents can still claim activities that have been withdrawn by this instrument, provided that they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.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 migration agents maintain their professional competence and adhere to ethical standards. This legislation was introduced to address the need for a structured approach to the continuing professional development of migration agents, ensuring they remain updated on the latest practices and legal requirements. The Authority, established under the Migration Act 1958, was tasked with specifying approved activities for Continuing Professional Development (CPD) to maintain and enhance the professional standards of migration agents. The policy objective was to ensure that all registered migration agents complete activities that contribute to their professional growth and competence. This legislation was enacted by the Australian Parliament to provide a regulatory framework for the activities that migration agents must undertake to maintain their registration.
Scope and Application
The Migration Agents Regulations 1998, as amended by the instrument F2008L00978, apply to all registered migration agents in Australia, requiring them to complete approved activities for Continuing Professional Development in order to re-register under section 290A of the Migration Act 1958. This legislation specifically addresses the activities involving private study of audio, video, or written material that are approved for Continuing Professional Development purposes. The Authority specifies these approved activities through notices published on its website, which confer points on new activities and alter those previously approved. The instrument is of a minor nature, revoking a previous notice and updating the list of approved activities, ensuring that registered migration agents are aware of the current requirements for their professional development. The retrospective application of the instrument, effective from 1 April 1998, ensures that agents can claim credit for activities completed within the 12 months prior to applying for repeat registration, without disadvantaging either the agents or the Commonwealth.
Key Provisions
The main operative sections of the notice under clause 3 of Schedule 1 to the Migration Agents Regulations 1998 (section 2) specify activities involving private study of audio, video, or written material as approved for Continuing Professional Development (CPD) for registered migration agents. These activities must have a value of at least 10 points to enable re-registration under section 290A of the Migration Act 1958 (section 3). The notice revokes the previous MARA Notice MN06-08b of 2008 and specifies a new set of approved activities, which are detailed in the Schedule of the instrument (section 6). The notice is of a minor or machinery nature and does not substantially alter existing CPD arrangements for registered migration agents (section 5). It is effective as of 1 April 1998, with retrospective application to allow agents to claim credit for CPD activities completed within 12 months prior to applying for repeat registration (section 9).
The obligations imposed on registered migration agents by this notice include completing approved CPD activities, specifically those involving private study of audio, video, or written material, and ensuring that these activities have a value of at least 10 points (section 3). Agents must also be aware of the new set of activities specified in the notice and ensure that any CPD activities undertaken are listed in the Schedule of the instrument. This includes understanding that activities completed within 12 months prior to applying for repeat registration may still be claimed, despite the notice’s retrospective nature (section 9). Additionally, agents need to be aware of the withdrawal of certain activities, ensuring that they do not undertake any activities that have been revoked by the notice (section 7).
The notice does not specify any offences, penalties, or civil or criminal consequences for breach. However, failure to complete the required CPD activities or to ensure that they meet the specified value of at least 10 points could potentially impact an agent’s ability to re-register under section 290A of the Migration Act 1958 (section 3). While the notice does not detail specific penalties, the overarching legislation and regulations governing migration agents could impose sanctions for non-compliance, such as fines or cancellation of registration. It is essential for agents to adhere to the CPD requirements to maintain their registration status and continue practising legally in Australia.