Overview

The Migration Agents Regulations 1998 were enacted to provide a framework for the registration and regulation of migration agents in Australia. The primary objective of this legislation is to ensure that migration agents provide services with integrity and competence, thereby protecting the interests of clients seeking migration services. The Authority, established under the Migration Act 1958, is responsible for the regulation of migration agents. The explanatory statement for the F2010L02400 instrument, made under clause 3 of Schedule 1 to the Regulations, indicates that its purpose is to specify 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 for registered migration agents. This notice revokes the previous listing of approved activities and specifies new activities, while ensuring that registered migration agents are not disadvantaged by the changes.

Scope and Application

The Migration Agents Regulations 1998, under clause 3 of Schedule 1, empowers the Migration Agents Registration Authority to specify approved activities for the purposes of Continuing Professional Development (CPD) for registered migration agents. These regulations apply to all registered migration agents who must complete CPD activities, valued at a minimum of 10 points, to renew their registration under section 290A of the Migration Act 1958. The explanatory statement outlines the Authority's decision to specify new activities involving the provision of immigration assistance without charge, also known as pro bono advice, for CPD purposes. This notice replaces the previous list of approved activities and is effective from 1 April 1998, ensuring that registered agents can claim credit for activities completed within the 12 months prior to applying for repeat registration. The changes are minor and do not substantially alter existing CPD arrangements for migration agents.

Key Provisions

The Migration Agents Regulations 1998 (Regulations) under clause 3 of Schedule 1 enable the Migration Agents Registration Authority (the 'Authority') to specify approved activities for Continuing Professional Development (CPD) for registered migration agents. These activities must have a value of at least 10 points and must be completed by all registered agents to re-register under section 290A of the Migration Act 1958 (section 290A). The purpose of this notice is to detail activities involving the provision of immigration assistance without charge, also known as ‘pro bono advice’, which are approved for CPD purposes (clause 3). This notice replaces the previous notice, Migration Agents (Continuing Professional Development – Pro bono activities) Office of the MARA Notice MN27-10g of 2010, signed on 01/07/2010, and specifies a new set of activities. The Regulations impose several obligations and requirements on registered migration agents. Primarily, they must complete approved CPD activities, which now include a new set of pro bono activities, to maintain their registration. These activities are designed to ensure that agents stay up-to-date with the latest immigration laws and practices. The Authority has the discretion to specify these activities, ensuring that the CPD requirements remain relevant and effective. Registered agents must also ensure that any CPD activities they undertake are recorded and can be verified if required. Failure to comply with the CPD requirements can result in civil or criminal consequences. Under section 290A of the Migration Act 1958, a registered migration agent who does not complete the required CPD activities will be unable to re-register. This could potentially lead to the agent losing their registration, which would mean they cannot legally provide migration services. The penalties for such breaches are not explicitly stated in the notice but would typically involve the cessation of registration, which in turn could lead to further legal and financial repercussions for the agent. The Authority may also impose fines or other sanctions as permitted under the Regulations. This notice is of a minor or machinery nature and does not substantially alter existing arrangements for CPD. It confers points on new activities set out in the Schedule, revokes the previous listing of approved activities, and alters those activities specified as approved activities by the Authority. Because this notice is minor in nature, consultation is not required. The retrospective nature of the notice ensures that agents are not disadvantaged if they complete any of the CPD activities listed 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 retrospectivity does not disadvantage the agents or the Commonwealth.