Overview

The Migration Agents (Continuing Professional Development – Private Study of Audio, Video or Written Material) MARA Notice MN45-04 of 2004, issued by the Migration Agents Registration Authority, revokes the earlier notice MN40-04 of 2004 and updates the list of approved activities for continuing professional development. This legislative instrument operates under clause 3 of Schedule 1 to the Migration Agents Regulations 1998, which empowers the Authority to specify approved activities, including their providers, whether they are core or elective activities, and their assigned point values. The purpose of this notice is to maintain and update the list of activities that meet the continuing professional development requirements for migration agents, ensuring they remain current and relevant to the evolving landscape of immigration law and practice.

Scope and Application

The MARA Notice MN45-04 of 2004, issued under the authority of the Migration Agents Registration Authority, pertains to the regulation of continuing professional development activities for migration agents in Australia. It revokes the previous notice MN40-04 and specifies certain private study activities as approved for the purpose of meeting professional development requirements. These activities include various courses and materials related to immigration law and visa procedures, provided by entities such as the Migration Institute of Australia, the Legal Aid Commission of NSW, Migration Professional Education, and Victoria University of Technology. Each activity is classified as either a core or elective activity and is assigned a specific point value, which migration agents can claim towards their professional development obligations. The notice applies to all registered migration agents in Australia and is effective from 1 April 1998, with specific details and updates published on the MARA website. Agents must provide evidence of completion for the activities they undertake to claim the corresponding points.

Key Provisions

The legislative instrument F2005B00074, issued by the Migration Agents Registration Authority under clause 3 of Schedule 1 to the Migration Agents Regulations 1998, revokes the previous notice MARA Notice MN40-04 of 2004 and specifies new activities for the private study of audio, video, or written material as approved activities for the purposes of continuing professional development. The new approved activities are outlined in a Schedule attached to the notice. The activities are provided by various entities, including the Migration Institute of Australia, Legal Aid Commission of NSW, Migration Professional Education, Lorenzo Boccabella Continuing Professional Education, and Victoria University of Technology. Each activity is categorised as either a core or elective activity and is assigned a specific value in points. Under this legislative instrument, the obligations for migration agents include engaging in private study activities as specified in the Schedule to fulfil their continuing professional development requirements. Agents must participate in activities provided by approved entities and must obtain written evidence of completion from the provider if they wish to claim points for these activities. The points are used to satisfy the professional development requirements set by the Migration Agents Registration Authority. The activities are varied, covering different aspects of immigration law and migration agent practice, ensuring that agents remain knowledgeable and competent in their field. The legislative instrument does not explicitly state any offences, penalties, or consequences for non-compliance with the specified requirements for private study activities. However, the Migration Agents Registration Authority has the authority to take action against agents who fail to meet their professional development obligations, which could include penalties such as fines or even the revocation of their registration. The exact nature of any penalties would be determined under the broader provisions of the Migration Act 1958 and the Migration Agents Regulations 1998. Agents are expected to comply with the requirements to maintain their professional standing and to ensure they continue to provide competent and up-to-date advice and services to their clients.