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 MN21-08b of 2008, signed on 22/05/2008, 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 |
20122 |
20123 |
20124 |
20125 |
20126 |
20127 |
20128 |
20129 |
20130 |
20131 |
20132 |
7. The activities which have been withdrawn are….
Item |
210002 |
210004 |
210005 |
210006 |
210007 |
210008 |
210009 |
210010 |
210055 |
210056 |
210057 |
8. The activities which have altered are:
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 were enacted to provide a regulatory framework for the activities of migration agents in Australia, ensuring they are adequately trained and maintain their professional competence. This legislation was introduced to address the need for a structured approach to the continuing professional development of migration agents, which is crucial for maintaining high standards in the industry. The enacting body responsible for these regulations is the Australian Parliament. The policy objective underpinning this Act is to safeguard the interests of clients by ensuring that migration agents are knowledgeable and up-to-date with the latest legal and procedural requirements in migration law. By mandating specific activities for continuing professional development, the Act aims to enhance the quality of services provided by migration agents, thereby protecting clients from potential malpractice or outdated advice.
Scope and Application
The Migration Agents Regulations 1998, as amended by the explanatory statement for F2008L02941, outlines the specific activities approved for the Continuing Professional Development (CPD) of registered migration agents. This legislation applies to all registered migration agents who must complete approved CPD activities, each valued at a minimum of 10 points, to re-register under section 290A of the Migration Act 1958. The Regulations are overseen by the Migration Agents Registration Authority (the 'Authority') and serve to specify approved CPD activities, including private study of audio, video, or written material. The instrument does not substantially alter existing CPD arrangements but instead revokes a previous notice and specifies new activities. It is effective as of 1 April 1998, with a retrospective application to allow agents to claim credit for CPD activities completed within the 12 months prior to applying for repeat registration. This ensures that agents are not disadvantaged if they complete these activities before the notice is published, and clause 4 of Schedule 1 of the Migration Agents Regulations 1998 provides that agents can still claim activities withdrawn by this instrument, provided they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.
Key Provisions
The main operative sections of this legislation, under the Migration Agents Regulations 1998, allow the Migration Agents Registration Authority (the 'Authority') to specify, by notice published on its website, approved activities for the purposes of Continuing Professional Development (CPD) for registered migration agents. These activities must be completed to enable the agents to re-register under section 290A of the Migration Act 1958. This particular instrument revokes the previous notice titled "Migration Agents (Continuing Professional Development – Private Study of Audio, Video or Written Material) MARA Notice MN21-08b of 2008" and specifies new activities that are approved for CPD purposes. The instrument is minor and machinery in nature, and it does not substantially alter existing arrangements for CPD for registered migration agents.
The obligations and requirements imposed by the Act on the parties or entities it governs are that all registered migration agents must complete approved activities with a value of at least 10 points to re-register. The Authority is responsible for specifying the approved activities, which include private study of audio, video, or written material. The Authority must publish the list of approved activities on its website to ensure that migration agents are aware of the activities that meet the CPD requirements. The Authority must also ensure that the approved activities are relevant and up-to-date to maintain the quality of migration agents' professional development.
There are no offences, penalties, or civil/criminal consequences mentioned in the legislation for breach of the CPD requirements. However, failure to complete the approved activities and re-register on time may result in the migration agent losing their registration, which would prevent them from providing migration services to clients. The legislation does not specify any maximum penalties for non-compliance with the CPD requirements. It is the responsibility of the migration agents to ensure that they complete the required CPD activities and re-register on time to avoid losing their registration.
In summary, the Migration Agents Regulations 1998, as amended by this instrument, require all registered migration agents to complete approved CPD activities to re-register. The Authority is responsible for specifying the approved activities and publishing the list on its website. Failure to complete the required CPD activities and re-register on time may result in the migration agent losing their registration, which would prevent them from providing migration services to clients. There are no offences, penalties, or civil/criminal consequences mentioned in the legislation for breach of the CPD requirements.