Overview

The Migration Agents Regulations 1998 were enacted by the Parliament of Australia to regulate the activities of migration agents and ensure they maintain high professional standards. This legislation was introduced to address the need for ongoing professional development for migration agents, ensuring they remain current with the evolving migration laws and practices. The Migration Agents Registration Authority, under clause 3 of Schedule 1 of the Regulations, has the power to specify approved activities for Continuing Professional Development, which registered migration agents must complete to re-register. The explanatory statement outlines a notice specifying activities involving private study of audio, video, or written material, which are approved for Continuing Professional Development. This notice replaces a previous one, revoking it and specifying new activities, while ensuring that migration agents who completed relevant activities within the past 12 months can still claim credit for them. The retrospective effect of the notice ensures that agents are not disadvantaged and maintains the balance for both agents and the Commonwealth.

Scope and Application

The Migration Agents Regulations 1998, specifically the Explanatory Statement for the notice regarding Continuing Professional Development activities for registered migration agents, applies to all registered migration agents within Australia. The Act ensures that these agents must complete approved activities to re-register under section 290A of the Migration Act 1958. The approved activities are specified by the Migration Agents Registration Authority (the 'Authority') and must hold a value of at least 10 points. The activities revolve around private study of audio, video, or written material and are detailed in Schedule A and B of the instrument. This notice revokes the previous MARA notice MN26-09b of 2009 and includes a retrospective application, effective as of 1 April 1998, to allow agents to claim credit for activities completed within the 12 months prior to applying for repeat registration. The instrument does not substantially alter existing arrangements for Continuing Professional Development, but it confers points on new activities and revokes the previous listing of approved activities. The Commonwealth is neither advantaged nor disadvantaged by the retrospectivity, as clause 4 of Schedule 1 of the Regulations ensures that agents can still claim activities withdrawn by this instrument if undertaken before it is registered on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of this legislation (sections 2 to 11) specify the activities approved for Continuing Professional Development (CPD) for registered migration agents. Section 2 outlines the authority under which the notice is made, while section 3 details the specific activities approved for CPD purposes. Section 4 explains the revocation of a previous notice and the introduction of new activities. Section 5 clarifies that the instrument is of a minor nature and does not substantially alter existing arrangements. Section 6 lists the new activities included in the notice, section 7 lists those activities withdrawn, and section 8 lists those activities altered. Section 9 specifies the retrospective effect of the notice, ensuring that agents can claim credit for CPD activities completed within 12 months prior to applying for repeat registration. Section 10 assures that agents are not disadvantaged by the retrospectivity, and section 11 confirms that the Commonwealth is neither advantaged nor disadvantaged. The obligations imposed by the Act on registered migration agents include completing approved CPD activities that have a value of at least 10 points to re-register under section 290A of the Migration Act 1958. The approved activities must be undertaken as specified in Schedule A and B of the notice. These activities must be completed before the instrument is registered on the Federal Register of Legislative Instruments to ensure that agents can claim credit for any withdrawn activities. Agents must also ensure that the CPD activities they undertake are in accordance with the approved activities listed in the notice. The legislation imposes civil consequences for non-compliance with the CPD requirements. Specifically, failure to complete the approved CPD activities could result in the inability to re-register as a migration agent, which would effectively prevent the agent from continuing their professional practice. The retrospective nature of the notice ensures that agents who complete approved activities before the notice is registered can still claim credit for those activities, thus avoiding any disadvantage. However, any activities undertaken after the notice is registered must comply with the approved activities listed in the notice. There are no explicit criminal penalties outlined in the legislation for non-compliance with the CPD requirements. However, the primary consequence is the inability to re-register as a migration agent, which is a significant civil penalty for non-compliance. The retrospective application of the notice ensures that agents who completed CPD activities within 12 months prior to applying for repeat registration can still claim credit for those activities, thus avoiding any disadvantage. The notice ensures that the Commonwealth is neither advantaged nor disadvantaged by the retrospectivity, maintaining a balanced approach to the regulation of CPD activities for migration agents.