Overview

The Migration Agents Regulations 1998, as amended by the notice F2009L02513, was introduced to address the need for specifying approved activities involving Private Study of Audio, Video, or Written Material for the purposes of Continuing Professional Development for registered migration agents. This Notice was enacted to provide clarity and update the list of approved activities, ensuring that migration agents are aware of the specific activities that qualify for Continuing Professional Development points. The Migration Agents Registration Authority (the 'Authority') has the power under clause 3 of Schedule 1 to the Regulations to specify these approved activities, which are necessary for agents to re-register under section 290A of the Migration Act 1958. The policy objective of this Notice is to streamline and update the list of approved activities, thereby ensuring that the Continuing Professional Development requirements remain relevant and effective for registered migration agents.

Scope and Application

The Migration Agents Regulations 1998, as amended by this Notice, govern the continuing professional development requirements for registered migration agents in Australia. The Notice specifies activities involving private study of audio, video, or written material that are approved for continuing professional development purposes. All registered migration agents must complete these activities, which have a value of at least 10 points, in order to re-register under section 290A of the Migration Act 1958. This Notice revokes the previous listing of approved activities and introduces new activities while altering some existing ones, with the intent of maintaining and updating the professional standards expected of migration agents. The retrospective application of the Notice, effective from 1 April 1998, ensures that agents can claim credit for activities completed within the 12 months prior to applying for repeat registration, thereby not disadvantaging them. However, any activities undertaken after the registration of the instrument on the Federal Register of Legislative Instruments will not qualify for credit. 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.

Key Provisions

The Migration Agents Regulations 1998 (the "Regulations") establish specific requirements for Continuing Professional Development (CPD) for registered migration agents under section 290A of the Migration Act 1958. The primary focus of the instrument is on the approval of activities related to private study of audio, video, or written material for CPD purposes (Clause 3). The instrument details activities that provide a minimum of 10 points necessary for re-registration. These activities include studies that registered migration agents must complete to maintain their registration status. Registered migration agents must adhere to the specified CPD activities to ensure their continued registration. This includes completing activities that confer points as outlined in the Regulations, with a focus on private study of audio, video, or written material. The activities must be undertaken within the stipulated timeframes and must meet the criteria set forth in the notice. Failure to complete these activities may result in the inability to re-register as a migration agent. The instrument specifies penalties and consequences for non-compliance with the CPD requirements. While the document does not explicitly state the penalties, non-compliance with CPD requirements can lead to deregistration under section 290A of the Migration Act 1958. This can result in the loss of the agent's ability to practice as a migration agent in Australia. Additionally, the retrospective nature of the notice ensures that agents can still claim credit for activities completed before the notice is registered, provided they are completed before the instrument is registered on the Federal Register of Legislative Instruments. The instrument revokes the previous notice, "Migration Agents (Continuing Professional Development – Private Study of Audio, Video or Written Material) MARA Notice MN18-09b of 2009," and specifies new activities that confer points. This revocation and specification of new activities are aimed at updating the list of approved CPD activities and ensuring that registered migration agents have access to the most current and relevant professional development opportunities. The retrospective effect of the instrument allows for the recognition of CPD activities completed prior to the publication of the new notice, thus preventing any disadvantage to the agents.