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 MN26-09g of 2009, signed on 23/06/2009, 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 The activities which have been withdrawn are….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4 of Schedule 1 of the Migration Agents Regulations 1998, ensures that agents can still claim activities that have been withdrawn by this instrument, provided that they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.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 were enacted to regulate the professional conduct of migration agents in Australia. This legislation was introduced to address the need for a robust regulatory framework to ensure that migration agents maintain high professional standards and provide quality services to their clients. The Migration Agents Registration Authority, which is the enacting body, was established under clause 3 of Schedule 1 to the Regulations to specify approved activities for Continuing Professional Development (CPD) for registered migration agents. The overarching policy objective is to ensure that all registered migration agents complete CPD activities that maintain and enhance their professional competency and integrity. The explanatory statement outlines a notice specifying activities involving the provision of immigration assistance without charge, also known as 'pro bono advice', which are approved for the purposes of CPD. This notice, effective from 1 April 1998, revokes previous listings of approved activities and updates the approved activities to reflect current professional standards and practices. The retrospective nature of the notice ensures that migration agents can claim credit for CPD activities completed within the 12 months prior to applying for repeat registration, without any disadvantage to the agents or the Commonwealth.
Scope and Application
The Migration Agents Regulations 1998, as amended by the Explanatory Statement F2009L03597, govern the scope and application of continuing professional development (CPD) for registered migration agents in Australia. This legislation applies to all registered migration agents who must complete approved CPD activities, each valued at a minimum of 10 points, to re-register under section 290A of the Migration Act 1958. The Authority, specifically the Migration Agents Registration Authority (MARA), specifies these approved CPD activities through notices published on its website. The scope of the Act encompasses various activities related to providing immigration assistance without charge, also known as 'pro bono advice', which are recognised for CPD purposes. The legislation's jurisdiction is at the Commonwealth level, affecting registered migration agents across Australia. The instrument revokes the previous notice on approved CPD activities, MN26-09g of 2009, and introduces a new set of approved activities, while ensuring that agents can still claim credit for activities completed within the 12 months prior to applying for repeat registration. This retrospective approach ensures that agents are not disadvantaged if they complete these activities before the notice is published, as long as they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.
Key Provisions
The primary operative sections of the Migration Agents Regulations 1998 (F2009L03597) concern the approval of activities for Continuing Professional Development (CPD) by registered migration agents, specifically in relation to pro bono advice. Section 3 of Schedule 1 of the Regulations allows the Migration Agents Registration Authority (the 'Authority') to specify, by notice, approved activities for CPD. Registered migration agents must complete activities with a value of at least 10 points to re-register under section 290A of the Migration Act 1958. This explanatory statement outlines the activities involving the provision of immigration assistance without charge that are approved for CPD purposes.
The Act imposes several obligations and requirements on registered migration agents to ensure they meet the CPD standards. Firstly, they must complete approved activities that have a value of at least 10 points. This notice specifies new activities for CPD, including pro bono advice, which must be undertaken to fulfil the re-registration requirements. The Authority is responsible for specifying these activities and updating them as necessary. Migration agents must stay informed about the current list of approved activities, which can be found on the Authority's website.
Breaches of the CPD requirements under the Migration Agents Regulations 1998 may result in civil or criminal consequences. If a registered migration agent fails to complete the required CPD activities, they may be unable to re-register, effectively losing their professional status. The explanatory statement clarifies that the retrospective nature of this notice ensures that agents can still claim credit for withdrawn activities if they were completed before the notice was registered on the Federal Register of Legislative Instruments. This ensures that agents are not disadvantaged by changes in the approved activities list. The retrospective effect does not disadvantage the Commonwealth, as clause 4 of Schedule 1 of the Regulations safeguards against such disadvantages.