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 Migration Agents (Continuing Professional Development – Private Study of Audio, Video or Written Material) Office of the MARA Notice MN38-09b of 2009, signed on 17/09/2009, 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 Schedule A and B, revokes the previous listing of approved activities, and alters those activities specified as approved activities by the Authority. The approved activities listed in Schedule B are levelled activities and will remain in effect until midnight on 30 November 2009. Consultation is not required under these circumstances.
6. The new activities included in the notice are….
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20173 |
20174 |
20175 |
20176 |
20177 |
20178 |
20179 |
20180 |
20181 |
20182 |
20183 |
20184 |
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 The activities which have been withdrawn are….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 regulate the activities of migration agents in Australia, addressing the need for professional standards and ongoing education to ensure that these agents provide competent and ethical services. This regulatory framework was developed by the Australian Parliament to maintain the integrity of the migration process and protect the interests of migrants. The explanatory statement for F2009L04132, made under the Regulations, aims to update and specify approved activities for Continuing Professional Development (CPD) for registered migration agents. This notice revokes the previous list of approved CPD activities and introduces a new set of activities involving private study of audio, video, or written material. The objective is to ensure that migration agents remain current with industry standards and practices, thereby upholding the quality of service provided to clients. This minor regulatory change is designed to streamline the CPD process and ensure that agents can efficiently complete their required professional development activities without unnecessary complications.
Scope and Application
The Migration Agents Regulations 1998, as amended by this instrument, govern the approved activities for Continuing Professional Development (CPD) for registered migration agents in Australia. This legislative instrument specifies new activities involving the private study of audio, video, or written material that are approved for CPD purposes. These activities are crucial for migration agents to complete in order to meet the re-registration requirements under the Migration Act 1958. The Authority, responsible for the registration of migration agents, has the power to specify such activities, and the new notice lists specific activities conferring points, while revoking and altering previous listings. The notice applies retroactively to ensure that agents can claim credit for activities completed within the 12 months prior to applying for repeat registration, without any disadvantage to the agents or the Commonwealth. This regulation thus maintains the integrity and effectiveness of CPD requirements for migration agents across Australia.
Key Provisions
The primary sections of the Migration Agents Regulations 1998, as amended by the Explanatory Statement (F2009L04132), are centred on the specification of approved activities for Continuing Professional Development (CPD) for registered migration agents. Section 3 of Schedule 1 allows the Migration Agents Registration Authority (the 'Authority') to determine these activities through notices published on its website. Under section 290A of the Migration Act 1958, registered migration agents must complete approved CPD activities with a minimum value of 10 points to re-register. The explanatory statement outlines a notice specifying activities involving Private Study of Audio, Video, or Written Material as approved CPD activities. This notice revokes the previous notice (MN38-09b of 2009) and introduces new activities that confer points to registered migration agents.
The obligations imposed by this Act include ensuring that all registered migration agents complete the specified CPD activities, which must include Private Study of Audio, Video, or Written Material. These activities are outlined in Schedule A and B of the instrument and must be undertaken to meet the minimum 10-point requirement for re-registration. The approved activities listed in Schedule B are levelled activities and will remain in effect until midnight on 30 November 2009. The Authority is tasked with specifying these activities and ensuring they are published on their website for all agents to access. It is also mandated that the new activities included in the notice are effective from 1 April 1998, ensuring that agents can claim credit for any CPD activities they completed within the 12 months prior to applying for repeat registration.
Failure to comply with the requirements of this Act may result in consequences for the registered migration agents. Although the explanatory statement does not detail specific offences, penalties, or consequences, it is implied that non-compliance with the CPD requirements could affect an agent's ability to re-register. The retrospective nature of the notice ensures that agents are not disadvantaged if they complete any of the CPD activities before the notice is published, thereby maintaining fairness in the re-registration process. Additionally, clause 4 of Schedule 1 of the Migration Agents Regulations 1998 provides that agents can still claim activities that have been withdrawn by this instrument, provided they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments. This ensures that the Commonwealth is neither advantaged nor disadvantaged by the retrospectivity.