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 Office of the Migration Agents (Continuing Professional Development – Private Study of Audio, Video or Written Material) Office of the MARA Notice MN03-10b of 2010, signed on 13/01/2010, 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 Schedule A and B, revokes the previous listing of approved activities, and alters those activities specified as approved activities by the Authority. The approved activities listed in Schedule B are unlevelled activities and will remain in effect until midnight on 30 April 2010. Consultation is not required under these circumstances.
6. The new activities included in the notice are….
Item |
20185 |
20186 |
20187 |
20188 |
20189 |
20190 |
20191 |
20192 |
20193 |
7. The activities which have been withdrawn are….
Item |
20096 |
20097 |
20098 |
20099 |
20100 |
20101 |
20102 |
20103 |
20104 |
20105 |
20106 |
20107 |
20108 |
20109 |
8. The activities which have altered are:
9. The instrument revokes a previously published Office of the 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, enacted by the Australian Government, were designed to regulate the activities of migration agents and ensure the provision of professional services in relation to migration matters. This particular instrument, made under clause 3 of Schedule 1 to the Regulations, aims to specify approved activities for Continuing Professional Development (CPD) for registered migration agents, specifically those involving Private Study of Audio, Video, or Written Material. The objective of this instrument is to update and replace the previous listing of CPD activities, ensuring that migration agents are aware of the current approved activities for their professional development. The instrument revokes the previous notice and specifies new activities, thereby maintaining and enhancing the quality and relevance of CPD for migration agents.
Scope and Application
The Migration Agents Regulations 1998 governs the Continuing Professional Development activities for registered migration agents, who are required to complete approved activities to maintain their registration under section 290A of the Migration Act 1958. This legislation applies to all registered migration agents operating within Australia, with the regulations and notices published by the Migration Agents Registration Authority specifying the activities that confer points towards re-registration. The scope of this Act is limited to activities related to Continuing Professional Development, specifically those involving private study of audio, video, or written material, as detailed in the explanatory statement for this particular notice. The regulations confer points on new activities and revoke previous listings, ensuring that the approved activities are up-to-date and relevant to the profession. The notice operates on a national level, impacting all registered migration agents across Australia. There are no exclusions or exemptions outlined in this particular notice; however, the retrospective nature of the notice ensures that agents can still claim activities withdrawn by this instrument, provided they are completed before the notice is registered on the Federal Register of Legislative Instruments.
Key Provisions
The Migration Agents Regulations 1998, as amended by this Notice, specifies approved activities for Continuing Professional Development (CPD) for registered migration agents. Section 290A of the Migration Act 1958 requires all registered migration agents to complete approved CPD activities, which must be valued at a minimum of 10 points, in order to re-register. This Notice specifies activities involving private study of audio, video, or written material as approved for CPD purposes.
The Notice revokes the previous listing of approved activities, specified in the Office of the Migration Agents Regulation Authority (MARA) Notice MN03-10b of 2010, and specifies new activities. It is of a minor or machinery nature, meaning it does not substantially alter existing arrangements for CPD for registered migration agents. Instead, it confers points on new activities set out in Schedule A and B, revokes the previous listing of approved activities, and alters those activities specified as approved activities by the Authority.
The Notice imposes obligations on registered migration agents to complete CPD activities as specified. The activities must be undertaken before the instrument is registered on the Federal Register of Legislative Instruments. The retrospective nature of the Notice ensures that agents can still claim activities that have been withdrawn by this instrument, provided that they are undertaken within the specified timeframe. The Commonwealth is neither advantaged nor disadvantaged by the retrospectivity, as 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.
Failure to comply with the requirements of this Notice may result in civil or criminal consequences. The maximum penalties for breaching the Migration Act 1958 or the Migration Agents Regulations 1998 can include fines and imprisonment. However, the Notice itself does not specify any specific offences, penalties, or civil/criminal consequences for breach. It is important for registered migration agents to ensure that they are aware of and comply with all relevant legislation and regulations to avoid any potential consequences.