Overview

The Migration Agents Regulations 1998, enacted to provide a regulatory framework for the professional activities of migration agents in Australia, was introduced to ensure that migration agents maintain and enhance their professional competence through ongoing education and training. This regulatory framework is overseen by the Migration Agents Registration Authority (the "Authority") and is designed to uphold the integrity and professionalism of the migration industry. The objective of the regulations is to ensure that all registered migration agents engage in continuing professional development (CPD) activities that maintain and enhance their professional competence. The explanatory statement for the F2007L04996 Notice, made under the Migration Agents Regulations 1998, aims to update the list of approved CPD activities, specifically regarding private study of audio, video, or written material. This update is intended to ensure that migration agents have access to the most relevant and current CPD activities, thereby maintaining the quality of services provided to clients. The Authority retains the authority to specify these activities through notices published on its website, ensuring the regulations remain dynamic and responsive to industry needs.

Scope and Application

The Migration Agents Regulations 1998 apply to registered migration agents who must complete approved activities for Continuing Professional Development to re-register under the Migration Act 1958. This legislation mandates that agents undertake activities with a value of at least 10 points. The explanatory statement pertains specifically to the approval of certain activities, namely private study of audio, video, or written material, for these professional development purposes. The Authority, through this instrument, specifies new activities and revokes previous listings, thereby altering the approved activities for the professional development of migration agents. The instrument operates on a national level, as it is a Commonwealth regulation. The instrument is minor and of a machinery nature, which means it does not substantially alter existing arrangements but rather refines them. It revokes the previous MARA Notice MN48-07b of 2007 and introduces new activities to the list of approved Continuing Professional Development activities. Importantly, the retrospective application of this notice from 1 April 1998 ensures that agents who completed eligible activities within the 12 months prior to the notice's publication can still claim credit for these activities, thereby avoiding any disadvantage. This retrospective effect is supported by clause 4 of Schedule 1 of the Migration Agents Regulations 1998, ensuring fairness to agents and the Commonwealth.

Key Provisions

The primary sections of this instrument (sections 2 to 9) specify the activities involving Private Study of Audio, Video or Written Material, which are approved for the purposes of Continuing Professional Development (CPD) for registered migration agents. This notice revokes the previous notice, MN48-07b of 2007, and introduces new activities to be counted towards CPD requirements under section 290A of the Migration Act 1958 (section 2). The instrument specifies that registered migration agents must complete approved activities that have a value of at least 10 points to re-register (section 3). This notice does not require consultation as it is of a minor or machinery nature and does not substantially alter existing arrangements (section 5). It is effective as of 1 April 1998, allowing agents to claim credit for CPD activities completed within the 12 months prior to applying for repeat registration (section 9). The obligations imposed by this instrument are primarily on registered migration agents. These agents must ensure they complete the approved CPD activities listed in the notice to meet the re-registration requirements under the Migration Act 1958. The approved activities must have a value of at least 10 points each, and agents must engage in sufficient activities to meet the total CPD requirement. The new activities introduced in this notice are listed in the Schedule, and agents must refer to this list to understand what activities are approved. The notice also specifies that agents can still claim activities that have been withdrawn by this instrument, provided they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments (section 10). Any failure by a registered migration agent to complete the required CPD activities, or to re-register on time, may result in penalties under the Migration Act 1958. These penalties could include fines, suspension of registration, or cancellation of registration. The exact consequences would depend on the specific circumstances and the provisions of the Migration Act 1958. The retrospective nature of the notice ensures that agents are not disadvantaged by the changes, as they can still claim credit for activities completed before the notice was published (section 10). The Commonwealth is neither advantaged nor disadvantaged by the retrospectivity of the notice (section 11).