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
MN41-06b of 2006, signed on 9/10/2006, 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….
Item
210058
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 The activities which have been withdrawn are….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4 of Schedule 1 of the Migration Agents Regulations 1998, ensures that agents can still claim activities that have been withdrawn by this instrument, provided that they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.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 by the Commonwealth Government to address the need for ongoing professional development among registered migration agents, ensuring they maintain and enhance their competencies. This legislative instrument, F2006L03460, was made under clause 3 of Schedule 1 to the Regulations, allowing the Migration Agents Registration Authority to specify approved activities for Continuing Professional Development. The explanatory statement indicates that the instrument aims to specify new activities involving Private Study of Audio, Video or Written Material for registered migration agents. It revokes the previous notice MN41-06b of 2006 and introduces a new set of activities, conferring points on these new activities. This notice is of a minor or machinery nature, ensuring that it does not substantially alter existing arrangements while retroactively enabling registered migration agents to claim credit for activities completed prior to its publication.
Scope and Application
The Migration Agents Regulations 1998, as amended, govern the conduct of registered migration agents in Australia, ensuring that they maintain their professional competence through Continuing Professional Development (CPD). Specifically, clause 3 of Schedule 1 to the Regulations empowers the Migration Agents Registration Authority (the 'Authority') to specify approved CPD activities via notices published on its website. Registered migration agents must complete these approved activities, which are assigned point values, to meet the CPD requirements for re-registration under section 290A of the Migration Act 1958. The explanatory statement outlines a notice that specifies activities involving private study of audio, video, or written material as approved CPD activities. This notice revokes the previous listing of approved activities and introduces new activities, thereby updating the scope of CPD requirements for registered migration agents. The changes are minor and do not substantially alter existing CPD arrangements. Notably, the notice is retrospective, allowing agents to claim credit for activities completed within 12 months prior to applying for repeat registration, thereby ensuring fairness and continuity in the CPD process.
Key Provisions
The key provisions of the Migration Agents Regulations 1998, as amended by F2006L03460, primarily focus on the activities that constitute approved Continuing Professional Development (CPD) for registered migration agents. Under section 290A of the Migration Act 1958, it is mandatory for all registered migration agents to complete CPD activities that are valued at a minimum of 10 points to be eligible for re-registration. Clause 3 of Schedule 1 to the Regulations allows the Migration Agents Registration Authority (the 'Authority') to specify these approved activities through notices published on its website.
The Authority has specified that certain activities involving private study of audio, video, or written material are approved for CPD purposes. This notice revokes the previous MARA Notice MN41-06b of 2006 and sets out a new list of approved activities. Importantly, the notice is minor in nature and does not significantly alter existing CPD arrangements for migration agents. The primary changes involve conferring points on new activities, revoking the previous list of approved activities, and altering those activities already specified as approved.
Registered migration agents are obligated to ensure that their CPD activities are approved and valued appropriately. These obligations include completing at least 10 points worth of approved activities to maintain their registration. The activities must align with the new specifications outlined in the notice, which includes detailed points allocation for various study materials and methods. Failure to comply with these obligations can result in the inability to re-register as a migration agent, effectively barring them from practising in this capacity.
In terms of penalties and consequences for non-compliance, the notice does not explicitly detail specific offences or penalties. However, the failure to complete the required CPD activities would result in the inability to re-register, which is a significant professional consequence. This effectively means that non-compliant agents would be unable to continue their practice as migration agents, thereby highlighting the importance of adhering to the CPD requirements set forth by the Authority.