Overview

The Migration Agents Regulations 1998 were enacted to regulate the professional conduct of migration agents in Australia, ensuring they maintain high standards of competence and integrity. The legislation was introduced to address the need for a regulatory framework governing the activities of migration agents, ensuring public protection and maintaining the integrity of Australia's migration system. The Authority, established under the Migration Act 1958, has the power to specify approved activities for the purposes of Continuing Professional Development (CPD) for registered migration agents. This explanatory statement pertains to a notice made under clause 3 of Schedule 1 to the Regulations, specifying activities involving private study of audio, video, or written material as approved CPD activities for registered migration agents. The policy objective is to ensure that migration agents maintain and enhance their professional skills and knowledge through approved CPD activities, thereby contributing to the effective administration of Australia's migration laws.

Scope and Application

The Migration Agents Regulations 1998, as supplemented by this Notice, apply to registered migration agents in Australia who are required to complete approved continuing professional development activities to maintain their registration. These activities must have a value of at least 10 points and pertain specifically to private study of audio, video, or written material. The Notice specifies new approved activities for continuing professional development, revokes the previous list of approved activities, and modifies existing activities. The instrument is designed to be minor and machinery in nature, meaning it does not substantially alter existing arrangements but rather updates the list of approved activities. The Notice is effective retrospectively to 1 April 1998, allowing agents to claim credit for activities completed within 12 months prior to applying for re-registration, thereby ensuring fairness and avoiding any disadvantage to migration agents.

Key Provisions

The key operative sections of the instrument revolve around the specification of approved activities for Continuing Professional Development (CPD) for registered migration agents. Section 3 of Schedule 1 to the Migration Agents Regulations 1998 empowers the Migration Agents Registration Authority (the "Authority") to specify approved activities for CPD through notices published on its website. This notice, in particular, specifies activities involving the private study of audio, video, or written material as approved for CPD purposes. The activities outlined in the notice must be completed by registered migration agents to meet the re-registration requirements under section 290A of the Migration Act 1958. The notice revokes the previous list of approved activities and replaces it with a new set, as detailed in the Schedule to the instrument. The obligations and requirements imposed by this instrument on registered migration agents are straightforward. They must engage in the specified CPD activities, ensuring that these activities have a value of at least 10 points. The activities now include those involving private study of audio, video, or written material, as listed in the Schedule. The instrument is designed to ensure that agents complete relevant and updated CPD activities to maintain their registration. It is also important that agents are aware of the retroactive nature of this notice, which allows them to claim credit for activities completed within the 12 months prior to applying for repeat registration, provided these activities were undertaken before the notice was registered on the Federal Register of Legislative Instruments. Regarding the potential consequences for non-compliance, the instrument does not explicitly detail specific offences, penalties, or civil/criminal consequences for breaching the CPD requirements. However, failure to complete the required CPD activities could result in the inability to re-register under section 290A of the Migration Act 1958. This would effectively bar the migration agent from practising legally, thus indirectly imposing a significant professional consequence. It is essential for agents to adhere to the CPD requirements to avoid any professional disruptions. The retrospective effect of the notice, as mentioned in the explanatory statement, ensures that agents are not disadvantaged by the changes. This retroactivity allows for the continuation of CPD activities that were previously approved but have now been withdrawn or altered. Importantly, this ensures that agents can still claim credit for activities completed before the notice was registered, provided they were undertaken before the instrument was registered on the Federal Register of Legislative Instruments. This approach maintains fairness and continuity for registered migration agents, ensuring they are not placed at a disadvantage by the changes outlined in the instrument.