Overview

The Migration Agents Regulations 1998 were enacted to provide a framework for the regulation of migration agents in Australia, ensuring that those providing services in this field maintain high standards of professional conduct and competency. The regulations were introduced to address the need for a structured approach to managing the professional activities of migration agents, with an emphasis on continuing professional development (CPD) to maintain and enhance their skills and knowledge. The Authority responsible for these regulations is the Migration Agents Registration Authority (the 'Authority'), which is tasked with overseeing the registration and ongoing professional standards of migration agents. The policy objective behind these regulations is to protect the public by ensuring that migration agents are adequately qualified and continue to develop their professional capabilities. This explanatory statement outlines a notice made under the authority granted by the Migration Agents Regulations 1998, specifically addressing the specification of approved activities for CPD. The notice, which revokes a previous listing and specifies new activities for private study involving audio, video, or written material, aims to update the list of approved CPD activities for migration agents. By doing so, it ensures that agents have clear guidelines on what activities are recognised for CPD purposes, thereby maintaining high standards within the profession. The notice is retrospective to ensure fairness to agents who may have completed relevant activities prior to the notice's publication.

Scope and Application

The Migration Agents Regulations 1998, as detailed in the Explanatory Statement for F2008L01679, apply to registered migration agents who are required to undertake approved activities for the purpose of Continuing Professional Development (CPD) to re-register under section 290A of the Migration Act 1958. These regulations are administered by the Migration Agents Registration Authority (the 'Authority'), which specifies the approved CPD activities through notices published on its website. The current notice focuses on private study of audio, video, or written material, replacing and specifying new activities for CPD. The regulations have a Commonwealth reach, affecting all registered migration agents across Australia. The instrument revokes the previous notice concerning approved CPD activities, dated 27/03/2008, and introduces new activities while altering some existing ones, without requiring further consultation as it does not substantially alter existing arrangements. The retrospective application of the notice to activities completed within 12 months prior to the application for repeat registration ensures that registered migration agents are not disadvantaged, and clause 4 of Schedule 1 of the Migration Agents Regulations 1998 allows agents to claim activities that have been withdrawn, provided they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of the Migration Agents Regulations 1998 (the 'Regulations') detail the requirements for continuing professional development (CPD) activities for registered migration agents. Section 290A of the Migration Act 1958 stipulates that all registered migration agents must complete approved activities with a value of at least 10 points to re-register. Clause 3 of Schedule 1 to the Regulations allows the Migration Agents Registration Authority (the 'Authority') to specify these approved activities through a notice published on its website. This notice, F2008L01679, specifies activities involving private study of audio, video, or written material that are approved for CPD purposes. The obligations imposed by the Regulations include the requirement for all registered migration agents to engage in and complete approved CPD activities. These activities must be undertaken to maintain their registration and must meet the specified point values. The Authority has the discretion to specify these activities, and agents must adhere to the notice published on the Authority's website. The CPD activities must be completed within the stipulated timeframes and must align with the points system outlined in the Regulations. There are no specific offences, penalties, or civil/criminal consequences outlined in the explanatory statement for non-compliance with the CPD requirements. However, failure to complete the required CPD activities or to re-register in accordance with the regulations may result in the agent being unable to maintain their registration. This could potentially lead to their inability to practice as a registered migration agent, thereby affecting their professional standing and livelihood. The notice ensures that agents are not disadvantaged by the changes by allowing them to claim credit for activities completed within 12 months prior to applying for repeat registration.