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) Office of the MARA Notice MN49-09g of 2009, signed on 4/12/2009, 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 The activities which have been withdrawn are….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 Office of the 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4 of Schedule 1 of the Migration Agents Regulations 1998, ensures that agents can still claim activities that have been withdrawn by this instrument, provided that they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.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 address the need for ongoing professional development for registered migration agents in Australia. This legislative instrument is part of a broader regulatory framework aimed at maintaining the competency and ethical standards of migration agents who assist individuals with their migration-related needs. This Explanatory Statement details a notice issued by the Migration Agents Registration Authority (the 'Authority') to specify approved activities for Continuing Professional Development, particularly focusing on pro bono advice. The notice is a minor adjustment and machinery instrument, intended to update the list of approved activities without significantly altering the existing arrangements. It is effective as of 1 April 1998, ensuring that migration agents can claim credit for activities completed within the preceding 12 months, thereby avoiding any disadvantage that might arise from the timing of the notice publication.
Scope and Application
The Migration Agents Regulations 1998 apply to registered migration agents in Australia, who are mandated to complete approved activities that have a value of at least 10 points to re-register under the Migration Act 1958. This legislation specifies the activities involving the provision of immigration assistance without charge, also known as 'pro bono advice', which are approved for the purposes of Continuing Professional Development. The instrument, of a minor or machinery nature, revokes the previous listing of approved activities and alters those specified as approved activities by the Migration Agents Registration Authority. The instrument is retrospective, effective as of 1 April 1998, to ensure that registered migration agents are not disadvantaged if they complete any of the Continuing Professional Development activities listed in the notice before it is published. However, the Commonwealth is neither advantaged nor disadvantaged by this retrospectivity. The instrument also 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.
Key Provisions
The Migration Agents Regulations 1998, under clause 3 of Schedule 1, empower the Migration Agents Registration Authority (the 'Authority') to specify approved activities for Continuing Professional Development (CPD) by notice on its website. Section 290A of the Migration Act 1958 requires all registered migration agents to complete approved CPD activities, which must have a value of at least 10 points, to re-register. The purpose of this particular notice, F2010L00124, is to detail activities involving the provision of immigration assistance without charge (also known as 'pro bono advice') that are approved for CPD purposes.
The Act imposes specific obligations on registered migration agents, requiring them to undertake and complete approved CPD activities as specified by the Authority. This includes activities listed in the notice, which have a minimum value of 10 points, to maintain their registration status. Additionally, agents must ensure that any CPD activities are completed before the notice is registered on the Federal Register of Legislative Instruments to remain eligible for credit.
There are no specific offences, penalties, or consequences detailed within this notice; however, failure to complete the required CPD activities could lead to difficulties in re-registering as a migration agent. The retrospective nature of this notice, effective from 1 April 1998, ensures that agents are not disadvantaged if they complete any of the CPD activities within the 12 months prior to applying for repeat registration. 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. This retrospective approach ensures that neither the Commonwealth nor the migration agents are disadvantaged.