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 MN36-06b of 2006, signed on 7/09/2006, 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….
210011, 210012
7. The activities which have been withdrawn are….
NIL
8. The activities which have altered are:
NIL
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4 of Schedule 1 of the Migration Agents Regulations 1998, ensures that agents can still claim activities that have been withdrawn by this instrument, provided that they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.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 address the need for continued professional development (CPD) for registered migration agents in Australia. This regulation was established under the Migration Act 1958 and provides a framework for ensuring that migration agents maintain their professional standards and competencies. The Migration Agents Registration Authority (the 'Authority'), established under the Act, has the power to specify approved CPD activities through notices published on its website. The explanatory statement outlines the purpose of this particular notice, which is to specify activities involving private study of audio, video, or written material for CPD purposes. This notice revokes the previous listing of approved activities and introduces new activities, ensuring that migration agents can claim credit for CPD activities completed within a specific timeframe. The regulation aims to maintain the integrity and effectiveness of the migration profession by ensuring that agents are regularly updated on the latest developments and best practices.
Scope and Application
The Migration Agents Regulations 1998, as amended by the Explanatory Statement F2006L03332, govern the Continuing Professional Development (CPD) activities for registered migration agents. This legislation applies to all registered migration agents who are required to complete approved CPD activities with a minimum value of 10 points in order to re-register under section 290A of the Migration Act 1958. The instrument specifies activities involving the private study of audio, video, or written material, which are approved for CPD purposes. It revokes the previous notice regarding approved CPD activities and introduces a new set of approved activities, specifying points for new activities while ensuring no activities have been withdrawn or altered. This instrument is of minor or machinery nature, and it does not substantially alter existing CPD arrangements for migration agents. It also includes a retrospective element, effective as of 1 April 1998, to allow agents to claim credit for CPD activities completed within 12 months prior to applying for repeat registration, ensuring that agents are not disadvantaged.
Key Provisions
The Migration Agents Regulations 1998, as amended by the notice F2006L03332, detail the approved activities for Continuing Professional Development (CPD) for registered migration agents. Section 3 of Schedule 1 of the Regulations allows the Migration Agents Registration Authority (the 'Authority') to specify these approved activities through notices published on its website. According to section 290A of the Migration Act 1958, all registered migration agents must complete approved CPD activities, each valued at a minimum of 10 points, to re-register. The notice F2006L03332 specifies activities involving private study of audio, video, or written material, which are now recognised as approved CPD activities for these agents.
The obligations imposed by this Act on registered migration agents include the requirement to complete CPD activities that meet the criteria set out in the notice. These activities must be undertaken to maintain their registration status, ensuring they remain up-to-date with the latest developments and practices in migration law and procedures. The Authority’s role is to specify which activities qualify as approved CPD, ensuring that agents have clear guidelines on the type and scope of professional development they need to undertake.
In terms of penalties and consequences for non-compliance, section 290A of the Migration Act 1958 stipulates that failure to complete the required CPD activities will result in the inability to re-register as a migration agent. The Act does not specify monetary penalties for non-compliance, but the primary consequence is the loss of registration status, which can significantly impact an agent's ability to practice. The notice F2006L03332, being of a minor or machinery nature, does not introduce new substantive obligations but updates the list of approved activities, ensuring that agents are aware of what activities will be recognised for CPD purposes.