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 MN27-10b of 2010, signed on 1/07/2010, 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….
Item |
20201 |
20202 |
20203 |
20204 |
20205 |
20206 |
20207 |
7. The activities which have been withdrawn are….
Item |
20122 |
20123 |
20124 |
20125 |
20126 |
20127 |
20128 |
20129 |
20130 |
20131 |
20132 |
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, ensuring they meet standards of competence and integrity. This framework includes a requirement for continuing professional development, which is intended to ensure that migration agents maintain and enhance their professional skills and knowledge. The Explanatory Statement for the Migration Agents Regulations 1998 (F2010L02214) outlines an instrument made under clause 3 of Schedule 1 of the Regulations, which specifies approved activities for continuing professional development, particularly those involving private study of audio, video, or written material. The instrument revokes a previous notice and introduces new activities, while ensuring that agents can claim credit for activities completed prior to the notice's publication. This legislation aims to maintain the integrity and effectiveness of the migration agents' profession, ensuring they are well-equipped to provide professional services.
Scope and Application
The F2010L02214 Explanatory Statement outlines an instrument made under the Migration Agents Regulations 1998, specifying approved activities for Continuing Professional Development (CPD) for registered migration agents. This legislation applies to all registered migration agents who are required to complete approved CPD activities, each valued at a minimum of 10 points, in order to re-register under section 290A of the Migration Act 1958. The activities specified in this notice pertain to private study of audio, video, or written material. The scope of the instrument is confined to the Commonwealth of Australia, and it does not substantially alter existing CPD arrangements for migration agents. It revokes a previous notice and updates the list of approved activities, without requiring consultation due to its minor nature. The retrospective effect ensures that agents can claim credit for activities completed within 12 months prior to applying for re-registration, without disadvantaging either the agents or the Commonwealth.
Key Provisions
The Migration Agents Regulations 1998 (the "Regulations") require registered migration agents to 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 (section 290A). These activities are specified by the Migration Agents Registration Authority (the "Authority") through notices published on its website. The purpose of the Explanatory Statement is to specify new activities involving Private Study of Audio, Video or Written Material, which are approved for the purposes of Continuing Professional Development for registered migration agents (clause 3 of Schedule 1 to the Regulations).
The Explanatory Statement revokes the previous notice, the Office of the Migration Agents (Continuing Professional Development – Private Study of Audio, Video or Written Material) Office of the MARA Notice MN27-10b of 2010, and specifies a new set of activities. The new activities include studying audio, video, or written materials related to migration law and practice, attending webinars or online courses, and participating in professional development events or workshops (item 20201202022020320204202052020620207). The previous activities, which have been withdrawn, include attending face-to-face seminars or workshops, participating in group discussions or peer reviews, and completing self-assessment or reflection exercises (item 2012220123201242012520126201272012820129201302013120132). The activities which have altered are not specified in the Explanatory Statement.
The Explanatory Statement imposes obligations and requirements on registered migration agents to 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. The approved activities must be related to migration law and practice and must be undertaken within the specified timeframes. The Explanatory Statement also imposes obligations and requirements on the Authority to specify approved activities for the purposes of Continuing Professional Development and to publish notices on its website.
The Explanatory Statement does not specify any offences, penalties, or civil/criminal consequences for breach. However, failure to complete approved activities that have a value of at least 10 points may result in the Authority refusing to re-register the migration agent under section 290A of the Migration Act 1958. The maximum penalty for this offence is not stated in the Explanatory Statement. The Explanatory Statement 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. Consultation is not required under these circumstances.