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 MN49-05b of 2005, published on 01/12/2005, 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 conduct and continuing professional development (CPD) of migration agents in Australia. This legislation was introduced to ensure that migration agents maintain high professional standards and remain competent in their practice. The Migration Agents Registration Authority (the 'Authority') has the responsibility of overseeing the registration and regulation of migration agents, including setting requirements for their CPD. The explanatory statement for the Migration Agents Regulations 1998 Notice specifies the approved activities for CPD for registered migration agents, including the private study of audio, video, or written material. The purpose of this notice is to specify new approved activities for CPD and to revoke the previous notice. The eligibility requirements for each activity vary depending on the level, with Level 1 activities having no eligibility requirements and Levels 2 and 3 requiring specific experience, completion of requisite CPD activities, or Authority approval. The instrument is of a minor or machinery nature and does not substantially alter existing arrangements for CPD for registered migration agents. The retrospectivity of the instrument ensures that individuals who completed approved activities under previous notices are not disadvantaged.
Scope and Application
The Migration Agents Regulations 1998 apply to registered migration agents within Australia, who must adhere to the specified Continuing Professional Development (CPD) requirements to maintain their registration. The explanatory statement outlines that the Authority, responsible for overseeing these agents, has the power to specify approved activities for CPD through notices published on its website. These activities include private study of audio, video, or written material, which can be core or elective, and each is assigned points and completion requirements. The eligibility to undertake these activities varies: Level 1 activities have no specific requirements, while Level 2 and 3 activities necessitate a certain number of years of experience, completion of previous CPD activities, or approval from the Authority. This instrument revokes the previous notice and introduces a new set of approved activities, with retrospective application effective from 1 April 1998 to ensure that agents who completed activities under the revoked notice are not disadvantaged.
Key Provisions
The key provisions of the legislation detail the process for specifying approved activities for Continuing Professional Development (CPD) for registered migration agents, as outlined in clause 3 of Schedule 1 to the Migration Agents Regulations 1998 (paragraph 2). The regulations allow the Migration Agents Registration Authority (the 'Authority') to publish a notice on its website specifying these activities, which include details such as the name of the activity, the provider (if any), whether the activity is core or elective, the number of points awarded for each activity, and the requirements for completion (paragraph 2). The primary purpose of the Instrument is to specify approved private study of audio, video, or written material for CPD purposes for Registered Migration Agents (paragraph 3).
The legislation imposes several obligations on the parties involved. Firstly, participants must meet certain eligibility requirements to be eligible to complete an approved activity. These requirements are categorized into levels, with Level 1 activities having no eligibility requirements, while Level 2 and 3 activities require specific years of experience, completion of prior approved CPD activities, or Authority approval (paragraphs 4 and 5). Secondly, the Authority must ensure that the activities listed in the notice are accurately specified and that they comply with the regulations. This involves setting out the details of each approved activity, including the status, points, and eligibility requirements (paragraphs 3 and 8). The notice also revokes the previous listing of approved activities and replaces it with a new set, ensuring that the updated activities are clearly communicated to the relevant parties (paragraph 6).
Failure to comply with the regulations can result in various consequences. While the legislation does not explicitly list offences, penalties, or civil/criminal consequences, it is implied that non-compliance could potentially lead to disqualification from the CPD program or other regulatory actions. The Authority may take steps to ensure that registered migration agents adhere to the approved activities and their respective requirements. Additionally, retrospective application of the Instrument is necessary to ensure that activities approved in previous notices, which have now been revoked, are still recognized for CPD purposes. This prevents any disadvantage to individuals who completed these activities before the new notice was published (paragraphs 9 to 11).