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 MN44-10b of 2010, signed on 25/10/2010, and also revokes the notice entitled Migration Agents (Continuing Professional Development – Private Study of Audio, Video or Written Material) MARA Notice MN45-04 of 2004, signed on 1/11/2004, 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 The activities which have been withdrawn are….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 regulate the professional activities of migration agents in Australia. This particular legislation, introduced by the Migration Agents Registration Authority under clause 3 of Schedule 1 of the Regulations, aims to specify approved activities for Continuing Professional Development (CPD) for registered migration agents. The enactment of this instrument ensures that all registered migration agents complete CPD activities that hold a value of at least 10 points in order to re-register under section 290A of the Migration Act 1958. This instrument revokes previous notices and specifies a new set of activities, which includes private study of audio, video, or written material, to maintain and enhance the professional standards of migration agents in Australia.
Scope and Application
The Migration Agents Regulations 1998 applies to registered migration agents who are required 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. This instrument, which is a minor or machinery notice, specifies activities involving Private Study of Audio, Video or Written Material, which are approved for the purposes of Continuing Professional Development for these registered migration agents. The instrument revokes previous notices and lists new activities, providing a new set of approved activities for registered migration agents. The instrument is retrospective to 1 April 1998 to ensure that registered migration agents can 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. The instrument’s retrospective nature does not disadvantage migration agents, as 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. The Commonwealth is neither advantaged nor disadvantaged by the retrospectivity.
Key Provisions
The primary operative sections of the Migration Agents Regulations 1998, as amended by this notice, pertain to the activities approved for Continuing Professional Development (CPD) for registered migration agents. Section 3 of Schedule 1 to the Regulations allows the Migration Agents Registration Authority (the 'Authority') to specify, via notice on its website, activities that are considered approved CPD. Registered migration agents must complete approved CPD activities worth at least 10 points to re-register under section 290A of the Migration Act 1958. This notice specifically addresses activities involving private study of audio, video, or written material.
The obligations imposed by this Act on registered migration agents include completing CPD activities that are approved by the Authority. These activities must accumulate a minimum value of 10 points to satisfy the requirements for re-registration. The notice outlines specific activities that are approved for CPD purposes, replacing and updating previous listings to ensure agents have the most current information regarding acceptable CPD activities.
In terms of breaches and penalties, the explanatory statement does not explicitly mention specific offences, penalties, or consequences for non-compliance with the CPD requirements. However, given that the CPD activities are a prerequisite for re-registration, failure to complete the required CPD points could result in the inability to re-register, thus preventing the agent from continuing to practise legally. The notice ensures that agents are not disadvantaged by retroactively applying the new list of approved activities, as long as they were completed within the 12 months prior to the application for repeat registration.
This notice effectively revokes previous notices and replaces them with a new list of approved activities for CPD. It ensures that migration agents are aware of the most current activities that meet the CPD requirements, without disadvantaging those who may have completed eligible activities prior to the publication of the new notice. The retrospective nature of the notice, effective from 1 April 1998, aims to protect agents who complete approved activities before the notice is registered on the Federal Register of Legislative Instruments.