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 MN20 - 05 of 2005, published on; 11/05/2005, 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 The instrument requires retrospectivity because it includes activities approved in previous notices which have now been revoked (see clause 1 of the Instrument).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, as amended by F2005L01514, was enacted to address the need for a clear and updated framework for the Continuing Professional Development (CPD) of registered migration agents. This legislation was introduced by the Australian Government to ensure that migration agents maintain and enhance their professional competence and knowledge. The instrument, issued under clause 3 of Schedule 1 of the Regulations, allows the Migration Agents Registration Authority to specify approved CPD activities, including the private study of audio, video, or written material. The primary policy objective is to provide a structured and transparent system for accrediting various CPD activities, ensuring that registered migration agents can effectively demonstrate their ongoing professional development. This legislation revokes previous CPD activity listings and specifies new activities, thereby streamlining the CPD process and maintaining consistency in the professional standards expected of migration agents.
Scope and Application
The Migration Agents Regulations 1998, as supplemented by this Notice, applies to registered migration agents who are required to undertake Continuing Professional Development (CPD) to maintain their registration. The Notice specifies activities approved for CPD, with a particular focus on private study of audio, video, or written material. These activities must be undertaken by individuals who are registered under the Migration Agents Registration Authority (the Authority) and are intended to ensure that these professionals maintain and improve their competency in migration law and practices. The Notice has a national reach, applying across Australia as it pertains to a Commonwealth regulation. The Notice revokes a previous instrument that listed approved CPD activities and replaces it with a new set of activities, specifying their status as either core or elective activities and assigning CPD points to each. This instrument also includes retrospective application to ensure that activities undertaken before the registration of the new instrument are still recognised for CPD purposes. Importantly, the Notice does not require consultation as it does not substantially alter the existing arrangements for CPD, merely updating the list of approved activities.
Key Provisions
The Migration Agents Regulations 1998 (the "Regulations") are implemented under clause 3 of Schedule 1, which allows the Migration Agents Registration Authority (the "Authority") to specify, via a notice on its website, approved activities for Continuing Professional Development (CPD) for registered migration agents. This particular Notice (F2005L01514) focuses on the approval of Private Study of Audio, Video, or Written Material for CPD purposes. It revokes the previous notice, titled "Migration Agents (Continuing Professional Development – Private Study of Audio, Video or Written Material) MARA Notice MN20-05 of 2005" published on 11 May 2005, and specifies a new set of approved activities as detailed in the attached Schedule (section 4). The new activities are approved for CPD under clause 3 of Schedule 1 to the Regulations, with each activity categorised as either a core or elective activity and assigned a specific point value (section 5).
The Notice imposes obligations on registered migration agents to engage in approved CPD activities to maintain their registration. These approved activities are listed in the Schedule and include the study of audio, video, or written material, with each activity having a specified status and point value (section 2). The Authority is responsible for maintaining and updating the list of approved activities, ensuring that migration agents can easily identify and participate in activities that meet the CPD requirements (section 3). The Notice also mandates that the Authority must provide clear and up-to-date information on its website regarding the approved activities, thereby facilitating compliance among registered migration agents (section 6).
Breach of the CPD requirements set out in the Notice may have legal consequences. While the Notice does not explicitly outline offences, penalties, or civil/criminal consequences for non-compliance, failure to engage in the required CPD activities can lead to the revocation of a migration agent's registration under section 290A of the Migration Act 1958. This potential outcome underscores the importance of adhering to the CPD obligations stipulated in the Notice. Additionally, the retrospective application of the Notice ensures that activities undertaken under previous notices, which have since been revoked, are still recognised as approved activities, thus preventing any disadvantage to individuals who completed such activities in good faith (sections 7-9).