Overview

The Migration Agents Regulations 1998, enacted by the Australian Government, were introduced to regulate the professional conduct of migration agents to ensure they maintain high standards of competence and integrity. This regulatory framework provides a mechanism for the Migration Agents Registration Authority to specify approved activities for Continuing Professional Development (CPD) that registered migration agents must complete to maintain their registration. The explanatory statement for the instrument F2007L04140, which was made under clause 3 of Schedule 1 to the Regulations, aims to update and specify new activities for CPD involving private study of audio, video, or written material. This instrument revokes the previous listing of approved activities and specifies new activities conferring points for CPD purposes. The instrument's retrospective nature ensures that registered migration agents can claim credit for activities completed before the notice was published, thus preventing any disadvantage to the agents. The enactment body, the Migration Agents Registration Authority, ensures that the instrument aligns with the policy objective of maintaining and enhancing the professional standards of migration agents.

Scope and Application

The Explanatory Statement outlines the provisions and implications of a notice made under the Migration Agents Regulations 1998. This notice, issued by the Migration Agents Registration Authority (the 'Authority'), specifies activities approved for Continuing Professional Development for registered migration agents. These activities are essential for the agents to fulfil their requirement to accumulate a minimum of 10 points in order to re-register under section 290A of the Migration Act 1958. The notice particularly addresses activities involving Private Study of Audio, Video, or Written Material. The notice revokes a previous listing of approved activities and introduces new activities that confer points, while ensuring that no existing activities are altered or withdrawn. The notice is effective as of 1 April 1998, with a retrospective application designed to ensure that migration agents are not disadvantaged if they complete any of the listed activities before the notice is published. This retrospective effect is governed by clause 4 of Schedule 1 of the Migration Agents Regulations 1998, which allows agents to claim activities withdrawn by this instrument if completed before it is registered on the Federal Register of Legislative Instruments. The explanatory statement confirms that the retrospective nature of the notice does not disadvantage migration agents and that the Commonwealth is neither advantaged nor disadvantaged by this approach.

Key Provisions

The Migration Agents Regulations 1998 (the Regulations) under section 290A of the Migration Act 1958 require all registered migration agents to complete approved activities that have a value of at least 10 points for the purpose of Continuing Professional Development (CPD) in order to re-register. Clause 3 of Schedule 1 of the Regulations allows the Migration Agents Registration Authority (the Authority) to specify approved CPD activities by notice on its website. This Explanatory Statement outlines the activities involving private study of audio, video, or written material that are approved for CPD. Under the instrument, the Authority specifies new activities that are approved for CPD. These activities include studying certain audio, video, or written materials as outlined in the Schedule to the instrument. This replaces the previous MARA notice MN39-07b of 2007, which has been revoked. The instrument is minor and does not substantially alter existing CPD arrangements. It confers points on new activities and revokes the previous listing of approved activities without consultation. Registered migration agents must ensure that they complete at least 10 points of approved CPD activities before applying for re-registration. Failure to complete the required CPD activities can result in the agent not being re-registered. The instrument is retrospective, effective as of 1 April 1998, to allow agents to claim credit for activities completed within the 12 months prior to applying for re-registration. The retrospectivity does not disadvantage agents or the Commonwealth, as they can still claim withdrawn activities if undertaken before registration on the Federal Register of Legislative Instruments. The instrument imposes obligations on registered migration agents to complete the specified approved CPD activities to maintain their registration. The instrument also imposes obligations on the Authority to specify approved CPD activities and revoke previous notices. Failure to comply with the CPD requirements can result in the agent not being re-registered. The instrument does not create new offences, but existing provisions under the Migration Act 1958 and the Regulations apply to non-compliance. The maximum penalty for non-compliance with the Migration Act 1958 is imprisonment for 2 years or a fine of $22,200 or both.