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 website, approved activities for the purposes of Continuing Professional Development for registered migration agents. The notice may include in relation to each activity: the name of the activity; the provider (if any) of the activity; whether the activity is a core activity or an elective activity; and the number of points for each activity.
3. The purpose of the Instrument is to specify approved Private Study of Audio, Video or Written Material for the purposes of Continuing Professional Development for Registered Migration Agents.
4. The instrument will revoke the notice entitled Migration Agents (Continuing Professional Development – Private Study of Audio, Video or Written Material) MARA Notice MN4 - 05 of 2005, published on; 18/01/2005, and specify a new set of material described in columns 2 and 3 of an item as set out in in the attached Schedule.
5. These new activities are approved activities for the purposes of clause 3 of Schedule 1 to the Regulations. They are approved activities for the purposes of Continuing Professional Development for Registered Migration Agents with the status specified in column 4; and having the value specified in column 5.
6. 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. The instrument 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 under these circumstances is not required.
7. The instrument revokes a previously published notice however the new notice must be approved effective on 1 April 1998. Accordingly the instrument requires retrospective application.
8. The instrument requires retrospectivity because it includes activities approved in previous notices which have now been revoked (see clause 1 of the Instrument).
9. Unless retrospectivity is granted, that is the Notice is effective from 1 April 1998, individuals who have completed activities under previous notices (now revoked) will be disadvantaged as the activities undertaken before the instrument is registered will have the effect of no longer being approved activities. Therefore individuals who completed an approved activity at the time of undertaking the activity will be unable to rely on these points for continuing professional development – required under section 290A of the Migration Act 1958.
10. The Commonwealth is neither advantaged nor disadvantaged by the retrospectivity.
Overview
The Migration Agents Regulations 1998 were enacted to regulate the activities of migration agents in Australia, ensuring they maintain high professional standards through Continuing Professional Development (CPD). This particular instrument, F2005L00928, was introduced to address the need for updating and specifying approved activities for CPD purposes. The instrument was made under clause 3 of Schedule 1 to the Regulations by the Migration Agents Registration Authority, the body responsible for overseeing the professional conduct of migration agents. The primary objective of this instrument is to specify new approved activities for private study of audio, video, or written material as part of the CPD requirements for registered migration agents. It revokes an earlier notice from 2005 and introduces a new set of approved activities, each assigned a specific status and points value, to ensure that migration agents can continue to meet their CPD obligations effectively. The instrument is designed to be of a minor nature, ensuring that it does not substantially alter existing CPD arrangements but simply updates the list of approved activities.
Scope and Application
The Migration Agents Regulations 1998, as amended by the instrument F2005L00928, pertain to the activities of registered migration agents in Australia and their requirements for continuing professional development. Specifically, the instrument updates the approved activities for private study of audio, video, or written material, revoking the previous notice and introducing new activities that are eligible for continuing professional development points. These activities are specified in the attached schedule, with each activity assigned a status (core or elective) and a point value. The instrument applies to all registered migration agents who must engage in approved continuing professional development activities to maintain their registration. The instrument has a national reach, as it operates within the framework of the Commonwealth's Migration Act 1958. It is of a minor nature, primarily serving to update and clarify the approved activities without altering the fundamental requirements for continuing professional development. The instrument also includes retrospective application, effective from 1 April 1998, to ensure that migration agents who participated in now-revoked activities are not disadvantaged.
Key Provisions
The primary provisions of the Migration Agents Regulations 1998 Notice, detailed in sections 2 through 10, revolve around the specification of approved activities for Continuing Professional Development (CPD) for registered migration agents. Section 3 of Schedule 1 to the Regulations permits the Migration Agents Registration Authority (the 'Authority') to designate specific activities that count towards CPD, which is a mandatory requirement for maintaining their registration. Section 4 introduces the concept of Private Study of Audio, Video, or Written Material as approved activities for CPD. These activities are outlined in the Schedule attached to the Notice, which details the specific materials, their providers, whether they are core or elective activities, and the points allocated for each.
The Notice imposes obligations on registered migration agents to engage in these approved activities to fulfil their CPD requirements. Section 290A of the Migration Act 1958 mandates that migration agents must complete a certain number of CPD points annually. The Notice specifies new activities that meet these CPD requirements, providing clarity on what activities are approved and how they contribute to the agents' professional development. By doing so, the Notice ensures that migration agents remain knowledgeable and up-to-date with the latest migration laws and practices.
Failure to comply with the CPD requirements stipulated in the Notice may result in civil or criminal consequences. Although the Notice does not explicitly mention penalties, non-compliance with the CPD requirements under the Migration Act 1958 could lead to the revocation of a migration agent's registration. This consequence is significant as it impacts the agent's ability to legally practice as a migration agent in Australia. The Notice’s retrospective application, as explained in section 9, ensures that agents who completed activities under the previous Notice are not disadvantaged, preserving their CPD points for maintaining their registration.
Overall, the Notice plays a crucial role in regulating the CPD activities for migration agents, ensuring that they meet the necessary standards to practice legally and effectively in their field. The Authority’s power to specify and update these activities helps maintain high professional standards within the migration industry.