Migration Agents (Continuing Professional Development - Pro Bono Activities) - MARA Notice MN14-04 of 2004

Administered by Department of Home Affairs

Legislation au F2005B00077 Not in force Legislative Instrument

Legislation content

Migration Agents Registration Authority

 

 

Migration Act 1958

 

 

Migration Agents Regulations 1998

 

 

MIGRATION AGENTS

(CONTINUING PROFESSIONAL DEVELOPMENT –

PRO BONO ACTIVITIES)

 

MARA NOTICE MN14 - 04 OF 2004

 

The Migration Agents Registration Authority, acting under clause 3 of Schedule 1 to the Migration Agents Regulations 1998:

 

  1. REVOKES the notice entitled Migration Agents (Continuing Professional Development – Pro bono activities) MARA Notice MN37 - 03 of 2003, published on 10/09/2003; and

 

2.     SPECIFIES that the provision of immigration assistance without charge as set out in columns 2, 3 and 5 in the Schedule is an approved activity for the purposes of that clause:

 

(a) with the status specified in column 4; and

 

(b)  having the value specified in column 5.

 

 

This notice has effect on and from 1 April 1998.

 

Dated 30/03/2004.

 

 

Migration Agents Registration Authority

 

[Note: (1) Clause 3 of Schedule 1 to the Migration Agents Regulations 1998 allows the Authority to specify, approved activities by notice published on its website, approved activities, including: the name of the activity; the provider (if any) of the activity; whether the activity is a core activity or an elective activity; and the number of points for each activity.]

SCHEDULE

Column 1

Column 2

Column 3

Column 4

Column 5

ITEM

ACTIVITY

AUTHORISED VOLUNTARY ORGANISATION

STATUS

VALUE

 

PRO BONO WORK

 

 

 

70001

Pro Bono Work - Provision of 3hrs immigration assistance without charge for an authorised voluntary organisation

Immigration Advice and Rights Centre

Elective

1 point

70002

Pro Bono Work - Provision of 3hrs immigration assistance without charge for an authorised voluntary organisation

South Brisbane Immigration and Community Legal Service

Elective

1 point

70003

Pro Bono Work - Provision of 3hrs immigration assistance without charge for an authorised voluntary organisation

Gay & Lesbian Immigration Task Force (GLITF) NSW

Elective

1 point

70004

Pro Bono Work - Provision of 3hrs immigration assistance without charge for an authorised voluntary organisation

Gay & Lesbian Immigration Task Force (GLITF) VIC

Elective

1 point

70005

Pro Bono Work - Provision of 3hrs immigration assistance without charge for an authorised voluntary organisation

Gay & Lesbian Immigration Task Force (GLITF) SA

Elective

1 point

70006

Pro Bono Work - Provision of 3hrs immigration assistance without charge for an authorised voluntary organisation

Catholic Migrant Centre, Perth

Elective

1 point

70007

Pro Bono Work - Provision of 3hrs immigration assistance without charge for an authorised voluntary organisation

Northern Suburbs Migrant Resource Centre

Elective

1 point

70008

Pro Bono Work - Provision of 3hrs immigration assistance without charge for an authorised voluntary organisation

Australian Refugee Association (ARA) Migration Services

Elective

1 point

70009

Pro Bono Work - Provision of 3hrs immigration assistance without charge for an authorised voluntary organisation

Refugee & Immigration Legal Centre (R.I.L.C.)

Elective

1 point

70010

Pro Bono Work - Provision of 3hrs immigration assistance without charge for an authorised voluntary organisation

Refugee Advice and Casework Service (RACS)

Elective

1 point

70011

Pro Bono Work - Provision of 3hrs immigration assistance without charge for an authorised voluntary organisation

Flemington and Kensington Community Legal Centre Inc.

Elective

1 point

70012

Pro Bono Work - Provision of 3hrs immigration assistance without charge for an authorised voluntary organisation

Geelong Ethnic Communities Council Inc.

Elective

1 point

70013

Pro Bono Work - Provision of 3hrs immigration assistance without charge for an authorised voluntary organisation

St George Migrant Resource Centre

Elective

1 point

70014

Pro Bono Work - Provision of 3hrs immigration assistance without charge for an authorised voluntary organisation

Migrant Resource Centre (Southern Tasmania) Inc

Elective

1 point

70015

Pro Bono Work - Provision of 3hrs immigration assistance without charge for an authorised voluntary organisation

Botany Migrant Resource Centre

Elective

1 point

70016

Pro Bono Work - Provision of 3hrs immigration assistance without charge for an authorised voluntary organisation

New School of Arts Neighbourhood House Inc

Elective

1 point

70017

Pro Bono Work - Provision of 3hrs immigration assistance without charge for an authorised voluntary organisation

Ethnic Council of Shepparton & District Inc.

Elective

1 point

70018

Pro Bono Work - Provision of 3hrs immigration assistance without charge for an authorised voluntary organisation

Townsville Community Legal Service Inc.

Elective

1 point

70019

Pro Bono Work - Provision of 3hrs immigration assistance without charge for an authorised voluntary organisation

Australian Asian Association of Western Australia Inc

Elective

1 point

70020

Pro Bono Work - Provision of 3hrs immigration assistance without charge for an authorised voluntary organisation

North Melbourne Legal Service Inc.

Elective

1 point

70021

Pro Bono Work - Provision of 3hrs immigration assistance without charge for an authorised voluntary organisation

HIV/AIDS Legal Centre. (HALC), a program of the Victorian Aids Council

Elective

1 point

70022

Pro Bono Work - Provision of 3hrs immigration assistance without charge for an authorised voluntary organisation

Multicultural Services Centre of W.A. Inc

Elective

1 point

70023

Pro Bono Work - Provision of 3hrs immigration assistance without charge for an authorised voluntary organisation

Baulkham Hills, Holroyd, Parramatta Migrant Resource Centre

Elective

1 point

70024

Pro Bono Work - Provision of 3hrs immigration assistance without charge for an authorised voluntary organisation

Auburn Migrant Resource Centre Inc.

Elective

1 point

70025

Pro Bono Work - Provision of 3hrs immigration assistance without charge for an authorised voluntary organisation

Centre for Advocacy Support and Education for Refugees Inc. ('CASE for Refugees')

Elective

1 point

70026

Pro Bono Work - Provision of 3hrs immigration assistance without charge for an authorised voluntary organisation

Multicultural Council of the Northern Territory Incorporated

Elective

1 point

70027

Pro Bono Work - Provision of 3hrs immigration assistance without charge for an authorised voluntary organisation

Asylum Seeker Resource Centre Inc.

Elective

1 point

70028

Pro Bono Work - Provision of 3hrs immigration assistance without charge for an authorised voluntary organisation

Metropolitan Migrant Resource Centre Inc.

Elective

1 point

 

 

 

Overview

The Migration Act 1958, enacted by the Parliament of Australia, is a fundamental piece of legislation that governs the administration of migration and immigration policies within the country. This Act was introduced to address the need for a comprehensive legal framework to manage the flow of people into and out of Australia, ensuring that immigration processes are orderly, fair, and in line with national interests and international obligations. The Migration Agents Regulations 1998 further refine the application of the Act by providing detailed rules for the regulation of migration agents who assist with visa applications and other immigration-related matters. The policy objective behind these regulations is to ensure that migration agents meet professional standards, thereby protecting the interests of clients and maintaining the integrity of the immigration system. The Migration Agents Registration Authority (MARA) has the authority to issue notices, such as MN14-04 of 2004, to specify approved activities for continuing professional development, including pro bono work, which helps to foster community engagement and support among authorised voluntary organisations.

Scope and Application

The Migration Agents Registration Authority (MARA) Notice MN14 - 04 of 2004, made under the Migration Agents Regulations 1998, revokes the previous notice on pro bono activities, MN37 - 03 of 2003, and specifies new activities for the provision of immigration assistance without charge, which are now approved activities for the purposes of clause 3 of Schedule 1 of the Regulations. This notice is applicable to all registered migration agents in Australia, who must engage in approved activities to maintain their professional development. The approved activities listed in the notice involve providing three hours of immigration assistance without charge to specified authorised voluntary organisations. Each activity is classified as an elective activity and is assigned a value of one point towards the migration agent's continuing professional development requirements. The notice came into effect on 1 April 1998, and any further amendments or extensions to the application of this notice are to be made through subordinate instruments by MARA.

Key Provisions

The key operative sections of the notice specify that the provision of immigration assistance without charge for certain activities is now considered an approved activity under the Migration Agents Regulations 1998. Section 2 of the notice specifies that the activities outlined in the Schedule are approved, each with an associated status and value. This means that the provision of immigration assistance without charge, as described in columns 2, 3, and 5 of the Schedule, is now an approved activity for migration agents (Section 2(a) and (b)). The notice revokes the previous notice (MN37-03 of 2003) and specifies the new approved activities effective from 1 April 1998. The obligations and requirements imposed by this notice are primarily directed at migration agents. They must ensure that any pro bono work they undertake aligns with the approved activities listed in the Schedule. Each activity is specified to be an elective activity, and each carries a value of 1 point towards continuing professional development. The activities must be performed without charge for authorised voluntary organisations as listed in the Schedule. The notice mandates that migration agents only provide pro bono services to these specified organisations and that they do so for a minimum of 3 hours per activity to count towards their professional development requirements. Failure to comply with the provisions of this notice can result in significant consequences. Although the notice itself does not specify the exact penalties, under the Migration Act 1958, non-compliance with continuing professional development requirements can lead to disciplinary actions by the Migration Agents Registration Authority (MARA). These actions may include fines, suspension, or even revocation of the agent’s registration. Additionally, migration agents who fail to meet their CPD obligations may face legal repercussions under Australian law, which could result in criminal charges and imprisonment. The exact penalties would be determined based on the specific nature and severity of the breach.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.