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 for registered migration agents. The notice may include in relation to each activity: the name of the activity; the provider (if any) of the activity; whether the activity is a core activity or an elective activity; the number of points for each activity, and the requirements for completion of the activity.
3. The purpose of the Instrument is to specify approved Private Study of Audio, Video or Written Material for the purposes of Continuing Professional Development for Registered Migration Agents.
4. In order to be eligible to complete an activity, a participant must at the time of commencing the activity, meet the eligibility requirement specified in column 6.
5. The eligibility requirement is specified in terms of levels explained in the table under paragraph 3 of the instrument. Activities which are specified as Level 1, have no eligibility requirements, and may be commenced and completed by any participant. Activities which are specified as Level 2 or 3, require the participant, at the time of commencing the activity, to have the years of experience as a migration agent, to have completed the requisite number of approved CPD activities, or to have the Authority’s approval, as specified in the table under paragraph 3 of the instrument.
6. The instrument will revoke the notice entitled Migration Agents (Continuing Professional Development – Private Study of Audio, Video or Written Material) MARA Notice MN38-05b of 2005, published on 19/09/2005, and specify a new set of material described in columns 2 and 3 of an item as set out in the attached Schedule.
7. These new activities are approved activities for the purposes of clause 3 of Schedule 1 to the Regulations. They are approved activities for the purposes of Continuing Professional Development for Registered Migration Agents with the status specified in column 4; having the value specified in column 5; and having the eligibility requirement specified in column 6.
8. 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. The instrument confers points on, and sets completion requirements for, all 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 under these circumstances is not required.
9. The instrument revokes a previously published notice however the new notice must be approved effective on 1 April 1998. Accordingly the instrument requires retrospective application.
10. The instrument requires retrospectivity because it includes activities approved in previous notices which have now been revoked (see clause 1 of the Instrument).
11. Unless retrospectivity is granted, that is the Notice is effective from 1 April 1998, individuals who have completed activities under previous notices (now revoked) will be disadvantaged as the activities undertaken before the instrument is registered will have the effect of no longer being approved activities. Therefore individuals who completed an approved activity at the time of undertaking the activity will be unable to rely on these points for continuing professional development – required under section 290A of the Migration Act 1958.
12. The Commonwealth is neither advantaged nor disadvantaged by the retrospectivity.
Overview
The Migration Agents Regulations 1998 were enacted to regulate the professional activities of migration agents, ensuring that they maintain a high standard of professional competence through continuing professional development (CPD). The Act was introduced to address the need for a structured framework to govern the professional activities of migration agents, thus ensuring that they remain knowledgeable about the latest migration laws and practices. The Migration Agents Registration Authority (the Authority) is responsible for enacting these regulations, with the policy objective of maintaining the professional standards of migration agents. This explanatory statement outlines a specific notice under clause 3 of Schedule 1 of the Regulations, detailing approved activities for CPD purposes, including the eligibility requirements for each activity and the points awarded for their completion.
Scope and Application
The Migration Agents Regulations 1998, as amended by the explanatory statement F2005L03876, establish a framework for the continuing professional development of registered migration agents in Australia. These regulations apply to all registered migration agents, who are individuals or entities authorised to provide migration services under the Migration Act 1958. The instrument specifies approved activities for continuing professional development, particularly focusing on private study of audio, video, or written material. This includes determining the name, provider, and type of activity (core or elective), the points awarded for each activity, and the eligibility requirements for participation. The activities are categorised into different levels, with Level 1 activities having no eligibility requirements and Levels 2 and 3 requiring specific experience or approval from the Migration Agents Registration Authority. The instrument revokes previous approved activities and introduces new ones, with retrospective application to ensure that activities undertaken under previous notices remain recognised. The instrument does not substantially alter existing arrangements and is of a minor or machinery nature, thus not requiring consultation.
Key Provisions
The key provisions of the F2005L03876 Instrument revolve around the approved activities for the Continuing Professional Development (CPD) of registered migration agents. Under clause 3 of Schedule 1 to the Migration Agent Regulations 1998, the Migration Agents Registration Authority (the "Authority") specifies approved activities for CPD via notices published on its website (section 2). This Instrument specifically addresses the approval of private study of audio, video, or written material for CPD purposes (section 3). Each approved activity is outlined with details such as its name, the provider (if any), its classification as a core or elective activity, the number of points assigned to it, and the requirements for its completion (section 2).
To be eligible to participate in these CPD activities, a participant must meet the specified eligibility requirements, which vary depending on the level of the activity (section 4). Level 1 activities do not have any eligibility requirements and can be undertaken by any participant. However, Level 2 and Level 3 activities require participants to have a certain number of years of experience as a migration agent, complete a requisite number of approved CPD activities, or obtain the Authority's approval, as detailed in the table under paragraph 3 of the instrument (section 5).
The Instrument also outlines the obligations and requirements placed on parties governed by the Act. Registered migration agents must ensure they engage in approved CPD activities to maintain their registration. The activities must be completed within the stipulated timeframes and meet the eligibility criteria outlined in the notice (section 4). Additionally, the Authority is responsible for specifying and approving the activities and ensuring that participants meet the eligibility requirements for each activity (section 2).
The Instrument further stipulates the offences, penalties, or consequences for breaches. Although the explanatory statement does not specify particular penalties, failure to comply with the CPD requirements can result in the revocation of a migration agent’s registration, as required CPD is a condition of maintaining registration under section 290A of the Migration Act 1958. The retrospective application of this Instrument ensures that activities approved in previous notices, which have been revoked, are still recognised as valid for CPD purposes, thereby preventing any disadvantage to individuals who completed such activities before the new notice was published (section 9-11).