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 for registered migration agents. The notice may include in relation to each activity: the name of the activity; the provider (if any) of the activity; the status of the activity; and the number of points for each activity.
3. The purpose of the Instrument is to approve the provision of immigration assistance without charge (also known as ‘Pro bono advice’) for the purposes of Continuing Professional Development for Registered Migration Agents.
4. The instrument will revoke the notice entitled Migration Agents (Continuing Professional Development – Pro Bono activities) MARA Notice MN38-05g of 2005, published on 19/09/2005, and specify a new set of material described in columns 2 and 3 of an item as set out in the attached Schedule.
5. These new activities are approved activities for the purposes of clause 3 of Schedule 1 to the Regulations. They are approved activities for the purposes of Continuing Professional Development for Registered Migration Agents with the status specified in column 4; and having the value specified in column 5.
6. 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. The instrument 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 under these circumstances is not required.
7. The instrument revokes a previously published notice however the new notice must be approved effective on 1 April 1998. Accordingly the instrument requires retrospective application.
8. The instrument requires retrospectivity because it includes activities approved in previous notices which have now been revoked (see clause 1 of the Instrument).
9. Unless retrospectivity is granted, that is the Notice is effective from 1 April 1998, individuals who have completed activities under previous notices (now revoked) will be disadvantaged as the activities undertaken before the instrument is registered will have the effect of no longer being approved activities. Therefore individuals who completed an approved activity at the time of undertaking the activity will be unable to rely on these points for continuing professional development – required under section 290A of the Migration Act 1958.
10. The Commonwealth is neither advantaged nor disadvantaged by the retrospectivity.
Overview
The Migration Agents Regulations 1998 were enacted to ensure that migration agents meet professional standards and provide quality service to their clients. This legislation allows the Migration Agents Registration Authority to specify activities for continuing professional development, which are essential for maintaining and enhancing the skills of registered migration agents. The explanatory statement for F2006L00316 clarifies that this particular instrument approves "pro bono advice" as a form of continuing professional development for these agents. This legislative instrument revokes the previous notice regarding pro bono activities and introduces new specifications, including the status and point values of approved activities. The instrument is of a minor nature and requires retrospective application to ensure that agents who completed pro bono activities under the old notice are not disadvantaged. The policy objective is to maintain the professional standards of migration agents by providing clear guidelines on approved activities for their professional development.
Scope and Application
The Migration Agents Regulations 1998, as amended by this instrument, apply to registered migration agents who are required to undertake continuing professional development to maintain their registration. The scope of the Act is limited to the professional activities of migration agents within Australia, and it does not extend to other professions or individuals not registered as migration agents. The instrument specifies approved activities for continuing professional development, including the provision of immigration assistance without charge, also known as "Pro bono advice." These activities are granted points for professional development purposes as outlined in the attached schedule. The instrument revokes a previous notice and specifies new activities for the year 1998, requiring retrospective application to ensure that activities undertaken prior to the instrument's registration are still recognised. This retrospective application is necessary to avoid disadvantaging individuals who have completed approved activities under previous notices, which have now been revoked. The instrument is minor and does not substantially alter existing arrangements for continuing professional development.
Key Provisions
The Migration Agents Regulations 1998, specifically Clause 3 of Schedule 1, empower the Migration Agents Registration Authority (the 'Authority') to specify approved activities for the purpose of Continuing Professional Development (CPD) for registered migration agents through notices published on its website. This authority is exercised in the Notice (F2006L00316) to approve 'pro bono advice', or the provision of immigration assistance without charge, as an activity for CPD purposes (paragraph 3). This notice revokes the previous listing of approved activities (paragraph 4) and specifies a new set of activities, each with a defined status and number of points (paragraph 5). These approved activities are intended to provide continuing professional development for Registered Migration Agents in accordance with the provisions of the Migration Act 1958 (paragraph 9).
The obligations imposed by the Act on the parties it governs include ensuring that migration agents undertake activities that have been approved by the Authority for CPD purposes. Registered migration agents must engage in these approved activities to maintain their registration and to comply with the requirements of the Migration Act 1958 (section 290A). The Authority's role is to specify these activities and ensure that migration agents are aware of the approved CPD activities that they must undertake.
The Notice outlines specific consequences for non-compliance with the CPD requirements. Although the Notice itself does not explicitly state offences or penalties, non-compliance with the CPD requirements under the Migration Act 1958 could result in disciplinary action against the registered migration agent, including potential suspension or cancellation of their registration. The Notice ensures that the approved activities are clearly defined and that any retrospective application does not disadvantage agents who have completed activities under previous notices that have since been revoked. This is to ensure fairness and continuity in the CPD requirements for migration agents (paragraph 9).