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 pro bono activities, 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 – Pro bono activities) MARA Notice MN5-06g of 2006, signed on 31/01/2006, 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….
Item
70029
7. The activities which have been withdrawn are….
NIL
8. The activities which have altered are:
NIL
9. The instrument revokes a previously published 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4 of Schedule 1 of the Migration Agents Regulations 1998, ensures that agents can still claim activities that have been withdrawn by this instrument, provided that they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.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, enacted by the Commonwealth Parliament, establish a framework for the regulation of migration agents, ensuring they meet continuing professional development requirements to maintain their registration. This legislative instrument, F2006L02119, serves to specify activities involving pro bono work that are approved for the purposes of Continuing Professional Development for registered migration agents. The policy objective is to ensure that migration agents remain competent and up-to-date in their practices by engaging in approved activities that contribute to their professional growth. This notice, which revokes a previous listing and specifies new activities, is of a minor nature and does not substantially alter existing arrangements, thereby maintaining the integrity of the professional standards expected of migration agents in Australia.
Scope and Application
The Migration Agents Regulations 1998, as modified by this Notice, applies to all registered migration agents in Australia. These regulations mandate that all such agents must complete approved activities, each valued at a minimum of 10 points, to facilitate their re-registration under section 290A of the Migration Act 1958. This Notice specifically outlines activities involving pro bono work that have been approved for Continuing Professional Development. It revokes the previous notice on approved pro bono activities and introduces new activities that are recognised for professional development purposes. The regulations and this Notice apply on a national level, as the Migration Act 1958 is a Commonwealth Act, thereby impacting all states and territories within Australia. This instrument is classified as minor or machinery in nature, indicating that it does not substantially change existing arrangements for Continuing Professional Development. Instead, it merely updates the list of approved activities, revokes outdated entries, and ensures the continuity of professional standards for migration agents.
Key Provisions
The Migration Agents Regulations 1998, under clause 3 of Schedule 1, empower the Migration Agents Registration Authority (the "Authority") to specify activities approved for Continuing Professional Development (CPD) for registered migration agents. This is made clear through notices published on the Authority's website. Section 290A of the Migration Act 1958 mandates that all registered migration agents must complete approved CPD activities that have a value of at least 10 points to re-register. This legislation serves to ensure that migration agents maintain and enhance their professional skills and knowledge to provide competent services to their clients.
The obligations imposed by this Act require registered migration agents to engage in CPD activities that are approved by the Authority. These activities are crucial for maintaining their registration and ensuring they are up-to-date with the latest legal and procedural changes in migration law. The CPD activities must be completed within a specified timeframe and documented appropriately to satisfy the requirements of section 290A of the Migration Act 1958. Failure to comply with these obligations may result in the agent being unable to re-register, thereby preventing them from continuing to practice as a migration agent.
In terms of breaches and consequences, while the explanatory statement does not explicitly detail the penalties for non-compliance, it is implicit that failure to complete the required CPD activities could lead to the loss of registration. This means that migration agents who do not fulfill their CPD obligations may not be able to renew their registration, effectively barring them from practising. The severity of the consequences underscores the importance of adhering to the CPD requirements outlined in the Regulations.