Overview

The Migration Agents Regulations 1998, enacted in 1998, were established to regulate the activities of migration agents and ensure that they maintain a high standard of professional development. The Authority, as specified under clause 3 of Schedule 1 to the Regulations, has the responsibility of approving activities for Continuing Professional Development (CPD). This Explanatory Statement outlines the changes made to the approved CPD activities involving Private Study of Audio, Video, or Written Material, which are necessary to ensure that registered migration agents continue to meet the required standards. The instrument aims to update and clarify the approved CPD activities while ensuring that agents are not disadvantaged by these changes. The instrument, which is of a minor or machinery nature, revokes the previous notice regarding approved CPD activities and specifies new activities, while ensuring that registered migration agents can still claim credit for activities completed within the 12 months prior to applying for repeat registration. The retrospective nature of the notice ensures that agents are not disadvantaged, as they can still claim activities that have been withdrawn, provided that they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments. This approach ensures that the Commonwealth is neither advantaged nor disadvantaged by the retrospectivity of the notice.

Scope and Application

The Migration Agents Regulations 1998, as specified in the Explanatory Statement, apply to all registered migration agents in Australia who must complete approved activities for 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 has the power to specify approved CPD activities through notices published on its website. This particular notice concerns the approval of activities involving private study of audio, video, or written material for CPD purposes. The notice revokes a previous listing of approved activities and specifies new ones, with no substantial alteration to existing arrangements for CPD. The retrospective application of the notice, effective as of 1 April 1998, ensures that registered migration agents can claim credit for CPD activities completed within the 12 months prior to applying for repeat registration, thus avoiding any disadvantage to the agents or the Commonwealth. The notice does not require consultation as it is of a minor or machinery nature.

Key Provisions

The primary sections of the Migration Agents Regulations 1998 (F2007L02312) provide the legislative framework for the activities that registered migration agents must undertake for Continuing Professional Development (CPD) purposes. Specifically, section 3 of Schedule 1 of the Regulations allows the Migration Agents Registration Authority (the 'Authority') to specify, through a notice published on its website, activities that are approved for CPD. These activities must be completed by all registered migration agents to maintain their registration under section 290A of the Migration Act 1958, requiring them to accumulate a minimum of 10 points. Under the authority granted by the Act, the Authority has specified certain activities for CPD, notably those involving private study of audio, video, or written material. These activities are outlined in the Explanatory Statement and are intended to ensure that registered migration agents maintain a current and comprehensive understanding of migration law and practices. The requirements for these CPD activities are detailed in the Schedule to the instrument, which revokes the previous notice, Migration Agents (Continuing Professional Development – Private Study of Audio, Video or Written Material) MARA Notice MN18-07b of 2007, and introduces new activities. This legislative update ensures that the CPD activities remain relevant and reflective of current professional standards. The obligations imposed by the Act on registered migration agents include the completion of the specified CPD activities. These obligations are essential for maintaining their registration and ensuring that agents remain competent and knowledgeable in their field. Failure to complete the required CPD activities within the specified timeframe can result in the agent being unable to re-register, effectively barring them from practising as a registered migration agent. The Authority's role is to monitor compliance with these obligations and to provide the necessary guidance and support to agents to ensure they meet their CPD requirements. In terms of penalties and consequences for non-compliance, the Act does not explicitly detail specific civil or criminal penalties within the explanatory statement. However, the overarching consequence of non-compliance is the potential loss of registration, which would prevent the agent from practising as a registered migration agent. This outcome is significant as it directly impacts the agent's ability to provide services within the migration industry. The retrospective nature of the notice, effective from 1 April 1998, ensures that agents are not disadvantaged by the changes, provided they complete the activities before the notice is registered on the Federal Register of Legislative Instruments.