Overview

The Migration Agents Regulations 1998, enacted to regulate the professional conduct of migration agents in Australia, address the need for ongoing professional development to ensure agents maintain high standards of competence and ethical practice. This regulation is a legislative instrument made under the authority of the Migration Act 1958 and is administered by the Migration Agents Registration Authority (the 'Authority'). The primary objective is to specify activities that constitute approved continuing professional development for registered migration agents. The Explanatory Statement clarifies that the Instrument aims to update the approved activities for private study, ensuring that migration agents can complete relevant professional development to meet re-registration requirements under section 290A of the Migration Act 1958. This notice, which is minor in nature and does not substantially alter existing arrangements, revokes a previous notice and specifies new approved activities, while allowing agents to claim credit for activities completed prior to the notice's publication.

Scope and Application

The Migration Agents Regulations 1998 governs the professional conduct and continuing professional development of registered migration agents in Australia. This Act applies specifically to all registered migration agents, requiring them to complete approved activities that have a value of at least 10 points to re-register under section 290A of the Migration Act 1958. The Act allows the Migration Agents Registration Authority to specify, through notices published on its website, activities that are approved for the purposes of Continuing Professional Development. This Notice specifies activities involving Private Study of Audio, Video, or Written Material, and revokes the previous listing of approved activities while introducing new activities. The Act applies nationally and does not substantially alter existing arrangements for the purposes of Continuing Professional Development for registered migration agents, although it does confer points on new activities and alter those specified as approved activities by the Authority. The Act extends its reach through subordinate instruments such as MARA notices, which are effective from 1 April 1998 and can be retrospective to enable registered migration agents to claim credit for activities completed within 12 months prior to applying for repeat registration.

Key Provisions

The Migration Agents Regulations 1998, as amended by the Explanatory Statement F2006L02541, outline the continuing professional development (CPD) requirements for registered migration agents. Section 3 of Schedule 1 to the Regulations allows the Migration Agents Registration Authority (the "Authority") to specify approved activities for CPD purposes via a notice published on its website. Registered migration agents must complete approved CPD activities with a value of at least 10 points to re-register under section 290A of the Migration Act 1958. This instrument specifies activities involving private study of audio, video, or written material that are approved for CPD purposes. It revokes the previous notice (MN26-06b) and lists new activities, revoking some activities and altering others. This notice is considered minor and machinery in nature, not substantially altering existing CPD arrangements. The instrument imposes specific obligations on registered migration agents. They must complete CPD activities that have been approved by the Authority, with a focus on private study of audio, video, or written material. These activities must have a minimum value of 10 points to meet the CPD requirements for re-registration. The Authority specifies these activities through notices published on its website, and agents must ensure their CPD activities align with these approved listings. The instrument ensures that agents can claim credit for CPD activities completed within 12 months prior to applying for repeat registration, provided these activities are undertaken before the instrument is registered on the Federal Register of Legislative Instruments. The Explanatory Statement F2006L02541 introduces specific offences and penalties for non-compliance with the CPD requirements. While the legislation does not explicitly state penalties, non-compliance with CPD requirements could potentially lead to difficulties in re-registering as a migration agent under section 290A of the Migration Act 1958. Agents failing to complete the required CPD activities may face challenges in maintaining their registration status, which could impact their professional standing and ability to practice. The instrument ensures that agents are not disadvantaged by the retrospectivity, as they can still claim activities that have been withdrawn by this instrument, provided they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.