Overview

The Migration Agents Regulations 1998, enacted by the Parliament of Australia, address the need for the continuing professional development of migration agents to ensure they remain competent and updated in their field. This legislative framework was established to maintain high standards of service and integrity within the profession. Under the authority granted by the Migration Act 1958, the Migration Agents Registration Authority (the 'Authority') has the power to specify approved activities for professional development purposes, including pro bono work, through notices published on its website. The policy objective is to ensure that migration agents complete activities that enhance their skills and knowledge, thereby upholding the integrity of the migration services industry and protecting the interests of clients. The explanatory statement outlines a notice specifying new activities for Continuing Professional Development, revoking previous listings, and clarifying the retrospective application to ensure fairness to registered migration agents.

Scope and Application

The Migration Agents Regulations 1998, as amended by the F2006L03012 Explanatory Statement, applies to all registered migration agents in Australia, requiring them to engage in approved Continuing Professional Development (CPD) activities to maintain their registration. These regulations are mandated by the Migration Act 1958 and administered by the Migration Agents Registration Authority (the 'Authority'). The CPD activities, which must be valued at least 10 points, include pro bono advice and other specified activities, as detailed in the Authority's notices. The regulations cover the entire Commonwealth of Australia, ensuring a consistent standard for all registered agents. The explanatory statement notes that the instrument is minor and does not significantly change existing CPD arrangements, though it does update the approved activities list. The notice is retrospective to 1 April 1998, allowing agents to claim CPD activities completed in the 12 months prior to applying for re-registration, ensuring no disadvantage to either the agents or the Commonwealth.

Key Provisions

The primary operative sections of the Migration Agents Regulations 1998, as modified by this Notice, pertain to the continuing professional development (CPD) activities required for registered migration agents. Section 290A of the Migration Act 1958 mandates that all registered migration agents must complete approved CPD activities with a minimum value of 10 points to be eligible for re-registration. This Notice, under clause 3 of Schedule 1 of the Regulations, specifies activities involving the provision of immigration assistance without charge, also known as "pro bono advice," which are recognised for CPD purposes. The Notice revokes the previous MARA notice MN26-06g of 2006 and specifies new activities that confer these points. The obligations imposed by this Notice on registered migration agents are straightforward. They must ensure that their CPD activities align with the approved list provided in the Notice. The activities must be completed to meet the 10-point requirement to qualify for re-registration. Agents are expected to engage in pro bono activities that fall within the parameters set by the Notice. These activities are intended to enhance their professional skills and knowledge in immigration law and practice. The Notice also delineates the consequences for non-compliance with the CPD requirements. Breach of the CPD requirements under section 290A of the Migration Act 1958 can lead to the refusal of re-registration for migration agents. The Notice, while specifying the approved activities, does not explicitly mention specific penalties for non-compliance. However, non-compliance with re-registration requirements generally can result in fines or other civil or administrative penalties as provided under the Migration Act 1958. The retrospective application of the Notice ensures that agents who have completed eligible CPD activities within the 12 months prior to applying for re-registration can still claim credit for those activities, thereby avoiding any disadvantage. It is important to note that the retrospective nature of this Notice does not disadvantage migration agents as clause 4 of Schedule 1 of the Regulations allows agents to claim activities that have been withdrawn by this instrument, provided that they were undertaken before the instrument was registered on the Federal Register of Legislative Instruments. The Commonwealth, similarly, is neither advantaged nor disadvantaged by this retrospectivity. This ensures that there is no unfair advantage or disadvantage to either party involved in the registration and re-registration process.