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 web site, approved activities for the purposes of Continuing Professional Development. All registered migration agents must complete approved activities that have a value of at least 10 points in order to re‑register under section 290A of the Migration Act 1958.
3. The purpose of the Instrument is to specify activities involving Private Study of Audio, Video or Written Material, which are approved for the purposes of Continuing Professional Development for registered migration agents.
4. The instrument revokes the notice entitled Migration Agents (Continuing Professional Development - Private Study of Audio, Video or Written Material) MARA Notice
MN19-06b of 2006, signed on 10/05/2006, and specifies a new set of activities.
5. 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. It 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 is not required under these circumstances.
6. The new activities included in the notice are….
Item
230004
7. The activities which have been withdrawn are….
Item
230002
8. The activities which have altered are:
NIL
9. The instrument revokes a previously published MARA notice and is effective as of 1 April 1998. This retrospectivity is to enable registered migration agents to claim credit for any of the Continuing Professional Development activities listed in the notice, which they have completed within the 12 months prior to applying for repeat registration. It thus ensures that agents are not disadvantaged if they complete any of these activities before the notice is published.
10. The retrospective nature of the notice does not disadvantage migration agents in any way. This is because clause 4 of Schedule 1 of the Migration Agents Regulations 1998, ensures that agents can still claim activities that have been withdrawn by this instrument, provided that they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.
11. The Commonwealth is neither advantaged nor disadvantaged by the retrospectivity.
Overview
The Migration Agents Regulations 1998, enacted to regulate the professional activities of migration agents in Australia, were supplemented by F2006L02126, a legislative instrument made under clause 3 of Schedule 1 of the Regulations. This instrument was introduced to address the need for an updated set of approved activities for the purposes of Continuing Professional Development (CPD) for registered migration agents. Published by the Migration Agents Registration Authority (the Authority), the instrument specifies new activities for private study involving audio, video, or written material, which agents must complete to meet CPD requirements and re-register under section 290A of the Migration Act 1958. The policy objective is to ensure that migration agents maintain and enhance their professional competence through structured CPD activities. The instrument revokes an earlier notice from 2006 and specifies new approved activities, ensuring agents are not disadvantaged if they complete relevant CPD activities before the notice is published, while maintaining the integrity of the CPD framework.
Scope and Application
The Migration Agents Regulations 1998, as amended by the instrument F2006L02126, apply to registered migration agents who are required to complete approved activities for Continuing Professional Development (CPD) to re-register under section 290A of the Migration Act 1958. These regulations mandate that all registered migration agents must complete CPD activities with a value of at least 10 points. The instrument specifies new activities involving private study of audio, video, or written material that are approved for CPD purposes, revoking the previous notice and specifying new activities without substantially altering existing arrangements. The instrument is effective retrospectively to 1 April 1998, allowing agents to claim credit for CPD activities completed within the 12 months prior to applying for repeat registration, ensuring no disadvantage to agents who undertake these activities before the notice is published on the Federal Register of Legislative Instruments.
Key Provisions
The Migration Agents Regulations 1998, as amended by F2006L02126, outline specific provisions regarding Continuing Professional Development (CPD) activities for registered migration agents. Under section 290A of the Migration Act 1958, all registered migration agents must complete approved CPD activities worth a minimum of 10 points to be eligible for re-registration. The primary focus of this instrument is to specify activities involving private study of audio, video, or written material that are recognised for CPD purposes. Clause 3 of Schedule 1 to the Regulations empowers the Migration Agents Registration Authority (the 'Authority') to publish such approved activities on its website. This notice revokes the previous MARA Notice MN19-06b of 2006 and introduces a new set of approved CPD activities.
The obligations imposed by this instrument on registered migration agents are clear and straightforward. Each agent must ensure that their CPD activities are approved by the Authority and that they accumulate a minimum of 10 points through these activities to remain in good standing with their registration. The Authority's role is to specify which private study activities are approved and to publish these on its website. Agents must rely on this published information to ensure their CPD activities meet the regulatory requirements. Given the minor and machinery nature of this instrument, it does not require consultation, as it does not substantially alter existing CPD arrangements.
Breaching the CPD requirements can have serious consequences for registered migration agents. Although the specific penalties are not detailed in the explanatory statement, the implications of failing to complete the required CPD activities include potential disqualification from re-registration. This could lead to loss of professional standing and the inability to practice as a registered migration agent. The retrospective application of this notice ensures that agents who completed the previously approved activities within the 12 months prior to the notice's publication can still claim credit for those activities, thus mitigating any immediate disadvantage. However, it is crucial for agents to stay informed about the approved activities listed on the Authority's website to avoid any compliance issues.