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 MN31-10b of 2010, signed on 29/07/2010, 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….
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 The activities which have been withdrawn are….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4 of Schedule 1 of the Migration Agents Regulations 1998, ensures that agents can still claim activities that have been withdrawn by this instrument, provided that they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.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, enacted by the Parliament of Australia, addresses the need for ongoing professional development for registered migration agents to ensure they maintain the necessary skills and knowledge to serve their clients effectively. This regulatory framework was introduced to uphold the integrity and efficacy of the migration services provided by registered agents. Under the authority granted by clause 3 of Schedule 1 of the Regulations, the Migration Agents Registration Authority (the "Authority") has the power to specify approved activities for Continuing Professional Development (CPD). This notice, F2010L02398, specifies activities involving private study of audio, video, or written material that are approved for CPD purposes, replacing a previous notice and altering certain activities to ensure they align with the latest professional standards and requirements. The policy objective is to maintain high professional standards among migration agents, ensuring they are well-informed and capable of providing competent and ethical services.
Scope and Application
The Migration Agents Regulations 1998 govern the conduct of registered migration agents in Australia, specifically addressing their Continuing Professional Development (CPD) requirements. The regulations apply to all registered migration agents who must complete approved CPD activities to re-register under the Migration Act 1958. This legislation specifies the activities that are recognised for CPD purposes, ensuring that agents maintain and enhance their professional skills. The regulations have a national reach, affecting all registered migration agents across Australia. The Authority may specify activities through notices on its website, and the current instrument focuses on private study of audio, video, or written material. Notably, the instrument is of a minor nature, revoking a previous notice and updating the list of approved activities without altering existing arrangements significantly. It is retrospective, allowing agents to claim CPD credits for activities completed within 12 months prior to the notice's publication, ensuring fairness and continuity in professional development requirements.
Key Provisions
The key operative sections of this notice (F2010L02398) pertain to the specification of approved activities for the purposes of Continuing Professional Development (CPD) for registered migration agents, as outlined under clause 3 of Schedule 1 to the Migration Agents Regulations 1998 (section 2). This notice revokes the previous set of activities related to private study of audio, video, or written material and specifies a new set of activities that must be completed by all registered migration agents to meet the CPD requirements for re-registration under section 290A of the Migration Act 1958 (section 3). These new activities confer points to the agents upon completion and are effective from 1 April 1998, allowing agents to claim credit for activities completed within 12 months prior to applying for repeat registration (section 9).
The obligations imposed by this notice on registered migration agents are to complete approved CPD activities that have a value of at least 10 points (section 2). These approved activities are specified by the Migration Agents Registration Authority (the 'Authority') and must be undertaken to ensure compliance with the CPD requirements. The notice lists new activities that confer points and revokes the previously approved activities, replacing them with the new set. Agents must ensure that any CPD activities completed are those specified in the current notice and that they meet the minimum point requirement for re-registration.
In terms of offences, penalties, or civil/criminal consequences for breach, the notice does not explicitly detail specific penalties for failing to comply with the CPD requirements. However, failure to complete the requisite CPD activities and accumulate the necessary points could result in the agent being unable to re-register, thereby losing their registration status. This outcome would have significant professional repercussions for the agent, potentially including the inability to provide migration services legally. While the notice itself does not specify maximum penalties, the underlying legislation, the Migration Act 1958, may impose penalties for non-compliance with registration and CPD requirements, which could include fines or other sanctions.