Overview

The Migration Agents Regulations 1998, enacted by the Australian Parliament, were established to regulate the conduct and professional development of registered migration agents to ensure the integrity and quality of services provided to clients. The explanatory statement for F2007L02704 outlines a notice made under clause 3 of Schedule 1 of the Regulations, specifying activities involving private study of audio, video, or written material as approved for the purposes of Continuing Professional Development. The objective of this instrument is to update and clarify the approved activities for which migration agents can earn points to re-register under section 290A of the Migration Act 1958. The notice revokes the previous listing of approved activities and introduces new ones, while ensuring that the retrospective application does not disadvantage any agents who completed eligible activities prior to the publication of the notice. This update is considered minor and does not substantially alter existing arrangements for professional development.

Scope and Application

The Explanatory Statement for the Migration Agents Regulations 1998 outlines a notice specifying activities approved for the purposes of Continuing Professional Development (CPD) for registered migration agents. This notice, made under clause 3 of Schedule 1 to the Regulations, allows the Migration Agents Registration Authority (the 'Authority') to publish approved CPD activities on its website. All registered migration agents must complete approved CPD activities, each with a minimum value of 10 points, in order to re-register under section 290A of the Migration Act 1958. The notice specifies activities involving private study of audio, video, or written material, revoking the previous notice (MN29-07b of 2007) and introducing new activities. The instrument is of a minor or machinery nature, not substantially altering existing arrangements, and thus does not require consultation. The new activities included in the notice are detailed in the schedule, and the retrospective nature of the notice ensures that registered agents can claim credit for activities completed within the 12 months prior to applying for repeat registration, provided they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.

Key Provisions

The Migration Agents Regulations 1998, as amended by this Notice, specifies approved activities for Continuing Professional Development (CPD) for registered migration agents under section 290A of the Migration Act 1958. These activities are essential for agents to complete in order to re-register, and each approved activity is assigned a value of at least 10 points. Clause 3 of Schedule 1 to the Regulations empowers the Migration Agents Registration Authority (the 'Authority') to determine these activities through notices published on their website. The purpose of this Notice is to identify specific activities involving Private Study of Audio, Video, or Written Material as approved CPD activities. The Notice revokes the previous notice titled Migration Agents (Continuing Professional Development – Private Study of Audio, Video or Written Material) MARA Notice MN29-07b of 2007 and introduces new activities set out in the Schedule. The obligations under this Notice require all registered migration agents to undertake approved CPD activities with the specified point values. The Authority is responsible for specifying these activities and ensuring they are available on their website for easy access by agents. Agents must complete the required number of points in approved activities to meet the CPD requirements for re-registration. The Notice includes new activities such as Item 210061, 210062, 210063, and 210064, which agents must engage in to fulfil their CPD obligations. The retrospective application of the Notice ensures that agents can claim credit for any CPD activities they completed within the 12 months prior to applying for repeat registration, thus preventing any disadvantage due to the timing of the Notice's publication. In terms of consequences for non-compliance, the Notice does not explicitly state penalties or offences for failing to complete the required CPD activities. However, under section 290A of the Migration Act 1958, failure to comply with the CPD requirements may lead to disqualification from re-registration. This is a significant consequence as it directly affects the ability of migration agents to legally practice in their profession. The Authority has the power to enforce these requirements, and agents who do not meet the CPD criteria risk losing their registration and the associated professional privileges. The Authority's role in specifying and monitoring these activities is crucial in upholding the standards of professional competence and integrity within the migration agent sector.