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 MN36-10b of 2010, signed on 30/08/2010, 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 The activities which have been withdrawn are….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4 of Schedule 1 of the Migration Agents Regulations 1998, ensures that agents can still claim activities that have been withdrawn by this instrument, provided that they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.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 provide a framework for the registration and regulation of migration agents in Australia, addressing the need for qualified and professional service providers in the field of migration and visa services. The explanatory statement for F2010L02608, made under clause 3 of Schedule 1 of the Regulations, specifies approved activities for Continuing Professional Development (CPD) for registered migration agents. The purpose of this instrument is to detail activities involving private study of audio, video, or written material that are approved for CPD, thus ensuring that agents maintain and enhance their professional capabilities. The instrument was developed by the Migration Agents Registration Authority (the 'Authority'), and its policy objective is to maintain high standards of professional conduct and competency among migration agents by specifying approved CPD activities. This instrument does not substantially alter existing arrangements but provides clarity and updates to the approved activities list, ensuring that agents can effectively plan their professional development.
Scope and Application
The Migration Agents Regulations 1998 apply to registered migration agents in Australia who are required to complete Continuing Professional Development (CPD) to maintain their registration. These regulations are established under the Migration Act 1958 and are enforced by the Migration Agents Registration Authority (the 'Authority'). The regulations specify approved CPD activities that migration agents must complete, with a requirement that these activities have a value of at least 10 points to satisfy the re-registration criteria under section 290A of the Migration Act. The Explanatory Statement outlines that the regulations cover a range of activities, including private study of audio, video, or written material, which are essential for the ongoing professional development of registered migration agents. The scope of these regulations is national, applying to all states and territories within Australia. The regulations are not retrospective unless otherwise specified, allowing agents to claim CPD activities completed within a defined period prior to the notice being registered. The regulations also include provisions for revoking previous notices and specifying new activities, ensuring that the framework remains current and relevant.
Key Provisions
The primary sections of the Migration Agents Regulations 1998 Notice concern the specification of approved activities for Continuing Professional Development (CPD) for registered migration agents. Under section 3 of Schedule 1, the Migration Agents Registration Authority (the 'Authority') is empowered to specify such activities via a notice on its website. Section 290A of the Migration Act 1958 mandates that all registered migration agents must complete these approved CPD activities, each with a value of at least 10 points, to re-register. This Notice specifies activities involving Private Study of Audio, Video, or Written Material as approved CPD activities. The Notice also revokes the previous listing of approved activities and updates the set of approved activities.
The Act imposes several obligations on registered migration agents. Primarily, they must engage in approved CPD activities to maintain their registration. These activities must be undertaken within the specified parameters, as outlined in the Notice, and must collectively accumulate a minimum of 10 points. The CPD activities must be completed prior to the agent's re-registration under the Act. Additionally, the agents must ensure that any activities they undertake are listed in the current Notice, as the previous activities listed in the revoked Notice are no longer valid.
Failure to comply with the requirements set out in the Notice may have legal ramifications. Although the Notice does not explicitly detail offences or penalties, the Migration Act 1958 and the Migration Agents Regulations 1998 provide a framework for enforcement. Non-compliance with CPD requirements may result in the denial of re-registration, which can lead to the agent being unable to practise. Additionally, any fraudulent claims of CPD activities could potentially lead to further legal consequences, such as fines or imprisonment, as per the provisions of the Migration Act 1958. The exact penalties would depend on the specific breach and the court's discretion.