Overview

The Migration Agents Regulations 1998, enacted by the Parliament of Australia, were introduced to regulate the professional activities of migration agents in Australia. One of the key issues the Act addresses is ensuring that registered migration agents maintain their professional competence through ongoing education and training. Under clause 3 of Schedule 1 to the Regulations, the Migration Agents Registration Authority (the 'Authority') is empowered to specify approved activities for Continuing Professional Development (CPD). The Authority made a notice under this clause, specifying activities involving private study of audio, video, or written material, which are approved for CPD purposes for registered migration agents. This notice revokes a previous listing of approved activities and updates it with new activities, ensuring that the requirements for CPD remain current and reflective of the evolving field of migration law and practice. The Authority's objective is to maintain the integrity and professional standards of registered migration agents, thereby protecting the interests of clients and the public.

Scope and Application

The Migration Agents Regulations 1998, as amended by this notice, apply to all registered migration agents who are required to undertake continuing professional development to maintain their registration. These regulations have a national reach, applying across all states and territories of Australia as they are made under the Migration Act 1958, which is a Commonwealth Act. The notice specifies approved activities for continuing professional development, particularly focusing on private study of audio, video, or written material. This notice revokes the previous MARA notice MN09-09b of 2009 and introduces new activities that migration agents can undertake to gain points necessary for re-registration. Importantly, the notice is retrospective, effective as of 1 April 1998, allowing agents to claim credit for activities completed within the 12 months prior to applying for repeat registration. This retrospective application ensures that agents are not disadvantaged by the timing of the notice's publication.

Key Provisions

The Migration Agents Regulations 1998, under clause 3 of Schedule 1, allow the Migration Agents Registration Authority (the 'Authority') to specify approved activities for Continuing Professional Development (CPD) for registered migration agents. These approved activities are crucial as all registered agents must complete them to qualify for re-registration under section 290A of the Migration Act 1958 (1). The purpose of this Notice is to specify activities involving Private Study of Audio, Video, or Written Material that are approved for CPD purposes (2). This Notice revokes the previous notice, titled Migration Agents (Continuing Professional Development – Private Study of Audio, Video or Written Material) MARA Notice MN09-09b of 2009, and introduces a new set of activities (3, 6). The Notice does not substantially alter existing arrangements for CPD for registered migration agents but rather updates the list of approved activities (5). Registered migration agents must complete approved CPD activities that have a value of at least 10 points to re-register (1). The new approved activities listed in the Notice include various forms of private study, such as reading specified books, attending webinars, or watching relevant videos (6). Agents are required to ensure that the activities they undertake fall within the updated list of approved activities specified by the Authority. Failure to complete the required CPD activities may result in the agent being unable to re-register, which would prevent them from continuing their practice as a migration agent (290A, Migration Act 1958). The Notice outlines potential consequences for non-compliance with the CPD requirements. If a registered migration agent fails to complete the required approved activities, they may not be eligible for re-registration under section 290A of the Migration Act 1958 (290A). This inability to re-register could result in the agent being unable to legally practise as a migration agent in Australia. There are no specific penalties outlined in the Notice itself, but the broader legislative framework of the Migration Act 1958 may impose penalties for non-compliance with registration requirements. The retrospective nature of the Notice ensures that agents who completed any of the previously listed activities within 12 months before applying for repeat registration can still claim credit for them (9, 10).