Overview

The Migration Agents Regulations 1998, enacted to regulate the professional conduct and continuous education of migration agents, introduced a framework for ensuring that registered migration agents maintain their professional competence through ongoing education and training. This regulation was established by the Parliament of Australia to address the need for regulated professional development among migration agents to ensure they can competently advise and assist applicants in navigating the complexities of migration law. The policy objective was to safeguard the interests of visa applicants by ensuring that migration agents remain knowledgeable and skilled in their practice. The explanatory statement for the 1998 Regulations clarifies that the Authority may specify activities for Continuing Professional Development, which must be completed by agents to re-register. The Authority has the power to update these activities through notices published on its website, ensuring that the professional standards and knowledge base of migration agents are regularly refreshed.

Scope and Application

The Explanatory Statement outlines a notice made under the Migration Agents Regulations 1998 to specify approved activities for Continuing Professional Development for registered migration agents. This notice specifies activities involving the private study of audio, video, or written material that are approved for the purpose of maintaining a migration agent’s registration. The notice revokes the previous listing of approved activities and updates it with new activities that confer points necessary for re-registration. This notice applies to all registered migration agents who must complete these activities to satisfy their Continuing Professional Development requirements. The instrument is of a minor nature, ensuring that agents are not disadvantaged by the change, as it allows for the retroactive application of the new activities to activities completed within the 12 months prior to the notice’s publication. This retrospective effect ensures agents can still claim credit for previously approved activities that are now withdrawn, provided they were completed before the instrument was registered on the Federal Register of Legislative Instruments. The Commonwealth ensures that neither it nor the migration agents are disadvantaged by this retrospectivity.

Key Provisions

The main operative sections of the instrument revolve around the specification of approved activities for Continuing Professional Development (CPD) for registered migration agents. This is outlined in clause 3 of Schedule 1 to the Migration Agents Regulations 1998 (paragraph 2), which empowers the Migration Agents Registration Authority (the 'Authority') to specify such activities through notices published on its website. Section 290A of the Migration Act 1958 mandates that all registered migration agents must complete approved CPD activities, with a minimum value of 10 points, to re-register. The instrument specifies new activities involving private study of audio, video, or written material (paragraph 3) and revokes the previous notice titled "Migration Agents (Continuing Professional Development – Private Study of Audio, Video or Written Material) MARA Notice MN31-08b of 2008" (paragraph 4). It also introduces new activities and alters existing ones (paragraph 6 and 8), while revoking outdated activities (paragraph 7). The obligations imposed by this instrument require registered migration agents to complete the specified CPD activities. These activities, which include private study of audio, video, or written material, must be undertaken to meet the minimum point requirement of 10 points for re-registration under section 290A of the Migration Act 1958. Agents are expected to ensure that their CPD activities align with the updated list provided in the instrument. The Authority retains the authority to specify and update these activities, ensuring that agents remain current with professional developments and standards within the field of migration. The instrument does not introduce new offences or penalties but does specify consequences for non-compliance with the CPD requirements. If a registered migration agent fails to complete the required CPD activities, they may be ineligible for re-registration under section 290A of the Migration Act 1958. This could lead to the loss of their registration, thereby preventing them from legally practising as a migration agent in Australia. The penalties for non-compliance are primarily administrative, with the ultimate consequence being the inability to continue professional activities as a migration agent until the CPD requirements are fulfilled and re-registration is obtained. The retrospective nature of the instrument, effective as of 1 April 1998, ensures that agents can claim credit for CPD activities completed within the 12 months prior to applying for repeat registration (paragraph 9). This is facilitated by clause 4 of Schedule 1 of the Migration Agents Regulations 1998, which allows agents to claim withdrawn activities if undertaken before the instrument is registered on the Federal Register of Legislative Instruments (paragraph 10). This provision ensures that agents are not disadvantaged and that the Commonwealth is neither advantaged nor disadvantaged by the retrospectivity of the instrument (paragraph 11).