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 MN17-10b of 2010, signed on 20/04/2010, 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 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….
7. The activities which have been withdrawn are….
Item |
20110 |
20111 |
20112 |
20113 |
20114 |
20115 |
20116 |
20117 |
20118 |
20119 |
20120 |
20121 |
20181 |
230004 |
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 were enacted to provide a framework for the regulation of migration agents in Australia, ensuring that those who provide services in this field maintain high professional standards. This was necessary to address the potential risks posed by unqualified or unscrupulous agents to the integrity of Australia’s migration system. The Regulations were made under the Migration Act 1958 and are administered by the Migration Agents Registration Authority (MARA), which is tasked with maintaining a register of migration agents and ensuring that they meet the required standards of professional competence and conduct. The explanatory statement for this particular notice indicates that the purpose is to update the approved activities for Continuing Professional Development (CPD) for registered migration agents, specifically those involving private study of audio, video, or written material. This ensures that migration agents remain current with changes in migration laws and practices.
Scope and Application
The Migration Agents Regulations 1998 apply to registered migration agents in Australia, requiring them to complete approved activities that have a value of at least 10 points for the purposes of Continuing Professional Development to re-register under section 290A of the Migration Act 1958. The Explanatory Statement outlines the Authority’s power to specify, via a notice published on its website, approved activities for Continuing Professional Development, and details the replacement of previous activities with new ones for private study of audio, video, or written material. The instrument is minor and machinery in nature, altering the specified approved activities while revoking the previous listing without substantially changing existing arrangements. This retrospective application ensures that registered migration agents are not disadvantaged if they complete any of the activities within the specified timeframe, aligning with the requirements set out in clause 4 of Schedule 1 of the Migration Agents Regulations 1998.
Key Provisions
The key operative sections of this legislation include section 290A of the Migration Act 1958, which outlines the requirement for registered migration agents to complete approved activities with a value of at least 10 points in order to re-register. Clause 3 of Schedule 1 to the Migration Agents Regulations 1998 allows the Migration Agents Registration Authority to specify approved activities for Continuing Professional Development by notice published on its website. This instrument specifies activities involving private study of audio, video, or written material as approved activities for Continuing Professional Development for registered migration agents.
Registered migration agents are obligated to complete approved activities that confer at least 10 points in order to re-register. These activities must be undertaken as specified by the Migration Agents Registration Authority. The activities specified in this instrument involve private study of audio, video, or written material and are intended to facilitate the ongoing professional development of registered migration agents.
The legislation does not specify any particular offences, penalties, or civil/criminal consequences for breach. However, failure to complete the required approved activities may result in an inability to re-register as a migration agent. The instrument revokes the previous listing of approved activities and specifies a new set of activities. The retrospective nature of the instrument ensures that agents can still claim credit for activities that were withdrawn, provided they were undertaken before the instrument was registered on the Federal Register of Legislative Instruments.