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 provision of immigration assistance without charge (also known as ‘Pro bono advice’), 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 MN36-06g of 2006, signed on 29/06/2006, 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….
7. The activities which have been withdrawn are….
8. The activities which have altered are:
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4 of Schedule 1 of the Migration Agents Regulations 1998, ensures that agents can still claim activities that have been withdrawn by this instrument, provided that they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.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 Australian Parliament, was introduced to regulate the activities of migration agents to ensure high standards of professional conduct and competence. The 1998 Regulations were later supplemented by F2009L02517, which was made under clause 3 of Schedule 1 to the Regulations. This instrument specifies approved activities for Continuing Professional Development (CPD) for migration agents, including pro bono advice, and revokes the previous listing of approved activities. The policy objective is to ensure that all registered migration agents complete CPD activities that hold a value of at least 10 points to be eligible for re-registration under section 290A of the Migration Act 1958. This notice is of a minor nature, and its retrospective effect does not disadvantage migration agents as they can still claim credit for activities completed before the notice is registered on the Federal Register of Legislative Instruments.
Scope and Application
The Migration Agents Regulations 1998, as specified by the Explanatory Statement F2009L02517, establish the framework for the Continuing Professional Development (CPD) requirements of registered migration agents in Australia. This legislation applies to all registered migration agents, who must complete approved CPD activities to maintain their registration under the Migration Act 1958. The approved activities, including those involving the provision of immigration assistance without charge, must have a value of at least 10 points. The explanatory statement clarifies that this instrument, while specifying new approved activities for CPD, does not substantially alter existing arrangements and is of a minor or machinery nature. The notice revokes the previous listing of approved activities and specifies a new set, with the retrospective effect enabling agents to claim credit for activities completed prior to the notice's publication. This ensures that agents are not disadvantaged if they undertake these activities before the notice is officially registered on the Federal Register of Legislative Instruments.
Key Provisions
The Migration Agents Regulations 1998 (the Regulations) provide a framework for the registration and regulation of migration agents in Australia. Under clause 3 of Schedule 1 of the Regulations, the Migration Agents Registration Authority (the 'Authority') is empowered to specify, by notice, approved activities for the purposes of Continuing Professional Development (CPD) for registered migration agents. This notice, made under clause 3, specifies activities involving the provision of immigration assistance without charge, also known as 'pro bono advice', which are approved for CPD purposes. All registered migration agents must complete these approved activities, with a minimum value of 10 points, to re-register under section 290A of the Migration Act 1958.
The obligations imposed by this notice on registered migration agents include the requirement to engage in CPD activities that are approved by the Authority. These approved activities must be undertaken to ensure that migration agents maintain and enhance their professional skills and knowledge in the field of migration law and practice. By participating in these activities, migration agents demonstrate their commitment to providing high-quality services to their clients and to upholding the standards set by the Authority.
Breach of the obligations set out in this notice can lead to various consequences for registered migration agents. While the explanatory statement does not explicitly detail specific offences or penalties, failure to complete the required CPD activities may result in non-compliance with the registration requirements under the Migration Act 1958. This, in turn, could lead to disciplinary action by the Authority, including potential suspension or cancellation of a migration agent’s registration. Such actions would prevent the agent from legally providing migration services, thereby affecting their professional standing and livelihood.
In summary, the notice specifies activities involving pro bono advice that are approved for CPD purposes, replacing and expanding on previous listings. It imposes an obligation on registered migration agents to complete these activities to meet re-registration requirements. Non-compliance with these obligations could result in disciplinary action by the Authority, impacting the agent's ability to practice as a registered migration agent.