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 MN16 - 05 of 2005, published on; 14/04/2005, and specify a new set of material described in columns 2 and 3 of an item as set out 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 The instrument requires retrospectivity because it includes activities approved in previous notices which have now been revoked (see clause 1 of the Instrument).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, enacted to regulate the activities of migration agents in Australia, aims to ensure that these professionals maintain their competency through Continuing Professional Development (CPD). This legislative instrument, published by the Migration Agents Registration Authority (the 'Authority') under clause 3 of Schedule 1 to the Regulations, specifies the approved activities for CPD purposes. In this instance, the instrument addresses the need to update the list of approved private study activities, such as audio, video, or written materials, for migration agents to ensure they remain current in their professional knowledge. The instrument revokes the previous notice and replaces it with a new set of approved activities, maintaining the integrity of the CPD requirements. This update is of a minor nature and does not substantially alter existing arrangements, though it does require retrospective application to ensure fairness to those who completed approved activities under the previous notice before its revocation.
Scope and Application
The Migration Agents Regulations 1998, as amended by this Notice, apply to registered migration agents in Australia, focusing on their Continuing Professional Development (CPD) requirements. This legislative instrument specifies activities, such as the private study of audio, video, or written material, which are approved for CPD purposes. The scope of the Act encompasses all registered migration agents, ensuring they maintain their professional competence by engaging in approved CPD activities. The instrument specifies whether these activities are core or elective and assigns them a particular number of CPD points. This Notice operates within the Commonwealth jurisdiction, influencing all states and territories across Australia. The Act does not explicitly state exclusions, but it operates within the framework of the Migration Act 1958 and other related regulations. The Notice also specifies that it revokes previous listings of approved CPD activities and updates the approved activities, requiring retrospective application to ensure that activities undertaken under now-revoked notices still count towards CPD.
Key Provisions
The primary operative sections of this legislation pertain to the approval of activities for Continuing Professional Development (CPD) for registered migration agents. Specifically, section 3 of Schedule 1 to the Migration Agents Regulations 1998 allows the Migration Agents Registration Authority (the 'Authority') to specify approved CPD activities through a notice on its website. This includes detailing the name of the activity, the provider (if any), whether it is a core or elective activity, and the number of points assigned to each activity. The Notice specifies that private study of audio, video, or written material is an approved activity for CPD purposes, with new activities replacing the previously approved ones. It also outlines the status and point values for these new activities.
The Act imposes certain obligations and requirements on registered migration agents. They must engage in CPD activities that have been approved by the Authority and must accumulate the specified number of points to maintain their registration. The activities must align with the requirements set out in the Notice, ensuring that the agents' professional development is both relevant and up-to-date with industry standards. By participating in these approved activities, migration agents demonstrate their commitment to maintaining and enhancing their professional competencies.
Any breach of the requirements set forth in the Notice can lead to civil or criminal consequences. However, the explanatory statement does not explicitly detail the specific offences or penalties. Generally, under the Migration Act 1958, failure to comply with CPD requirements can result in disciplinary actions, including the possibility of suspension or cancellation of the agent's registration. The maximum penalties for such breaches would typically be determined by the relevant legislation governing the migration agents' registration and professional conduct, rather than by this specific Notice.