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 MN22-10b of 2010, signed on 27/05/2010, 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 The activities which have been withdrawn are….
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4 of Schedule 1 of the Migration Agents Regulations 1998, ensures that agents can still claim activities that have been withdrawn by this instrument, provided that they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.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 establish a framework for the regulation of migration agents in Australia, ensuring that agents meet certain professional standards and comply with continuing professional development requirements. This legislation was introduced to address the need for a structured and regulated approach to the practice of migration agents, aimed at protecting the public and maintaining the integrity of the immigration process. The Regulations are made under the authority of the Migration Act 1958 and are administered by the Migration Agents Registration Authority (MARA). The policy objective of the Regulations is to ensure that migration agents are adequately trained and knowledgeable, thereby facilitating the provision of quality services to clients navigating the complexities of Australian immigration law. The explanatory statement pertains to a notice made under clause 3 of Schedule 1 of the Regulations, which specifies activities for Continuing Professional Development, allowing registered migration agents to claim points for various professional activities to meet their re-registration requirements.
Scope and Application
The Migration Agents Regulations 1998, as amended by the F2010L01918 Explanatory Statement, governs the scope and application of Continuing Professional Development (CPD) for registered migration agents in Australia. This Act applies to all registered migration agents, requiring them to complete approved CPD activities to maintain their registration. The CPD activities, which must be of a minimum value of 10 points, are specified by the Migration Agents Registration Authority (the 'Authority') and are published on their website. The Act provides a comprehensive framework for the activities considered acceptable for CPD, ensuring that migration agents are up-to-date with the latest industry practices and legal requirements. The Act’s jurisdiction spans the entire Commonwealth of Australia, ensuring a uniform standard across all states and territories. While the Act outlines the approved CPD activities, it does not extend to exempt any specific persons, entities, or industries from its requirements. The Act allows for the Authority to revoke or alter previously specified activities through subordinate instruments, ensuring the adaptability of CPD requirements to evolving industry standards. The retrospective application of the Act ensures that agents are not disadvantaged if they complete CPD activities before the publication of the updated list.
Key Provisions
The Explanatory Statement outlines the main provisions of the Migration Agents Regulations 1998, particularly focusing on Continuing Professional Development (CPD) for registered migration agents. Section 3 of Schedule 1 to the Regulations allows the Migration Agents Registration Authority (the 'Authority') to specify, through a notice on its website, activities approved for CPD. To re-register under section 290A of the Migration Act 1958, registered migration agents must complete approved CPD activities, each valued at a minimum of 10 points. This notice specifies activities involving the private study of audio, video, or written material, which are approved for CPD. It revokes the previous notice concerning these activities, published as Office of the MARA Notice MN22-10b of 2010, and introduces a new set of activities that confer points on CPD.
The obligations imposed on registered migration agents by this notice include the requirement to complete CPD activities that are approved by the Authority and that have a value of at least 10 points. This is necessary for re-registration purposes. The Authority, through this notice, specifies the approved activities and the points associated with them. Agents must ensure that any CPD activities they undertake are listed in the current notice and completed within the required timeframes. Additionally, the notice mandates that agents can claim credit for any CPD activities listed in the notice if they are completed within 12 months prior to applying for repeat registration, as per clause 4 of Schedule 1 of the Regulations.
The notice does not introduce any new offences or penalties but rather specifies the approved activities for CPD. However, failure to complete the required CPD activities may result in a registered migration agent being unable to re-register under section 290A of the Migration Act 1958. This could potentially lead to the agent being unable to practice, thereby affecting their professional standing and ability to provide services as a migration agent. The notice is of a minor or machinery nature and does not substantially alter existing arrangements for CPD. The retrospective application of the notice ensures that agents are not disadvantaged if they complete any of the specified activities before the notice is published, and it does not disadvantage the Commonwealth either.