Overview

The Migration Agents Regulations 1998 were enacted to provide a framework for the regulation of migration agents, ensuring they are suitably qualified and maintain their professional competence. This instrument, F2007L00638, was introduced to address the need for updating the approved activities for Continuing Professional Development (CPD) for registered migration agents. The Migration Agents Registration Authority, which operates under the Migration Act 1958, issued this notice to specify new activities that migration agents must complete to maintain their registration. The overarching policy objective is to ensure that migration agents remain knowledgeable and competent in their field, thereby protecting the integrity of the migration process. This notice revokes a previous set of approved CPD activities and introduces new ones, ensuring that agents can claim credit for CPD activities they completed prior to the notice's publication.

Scope and Application

The Migration Agents Regulations 1998, under which this instrument is made, applies to registered migration agents within Australia who are required to complete Continuing Professional Development (CPD) to maintain their registration. The regulations govern the activities that are considered valid for CPD purposes and are overseen by the Migration Agents Registration Authority (the Authority). The instrument specifies new approved activities for CPD involving a Program of Education, and it revokes the previous notice that listed approved activities. This instrument is of a minor or machinery nature and does not substantially alter existing arrangements for CPD for registered migration agents. It only confers points on new activities, revokes the previous listing of approved activities, and does not alter any activities. The retrospective nature of this notice, effective as of 1 April 1998, ensures that registered migration agents can claim credit for CPD activities completed within 12 months prior to applying for repeat registration. This provision prevents agents from being disadvantaged if they complete any of the CPD activities before the notice is published, and the Commonwealth is neither advantaged nor disadvantaged by this retrospectivity.

Key Provisions

The Migration Agents Regulations 1998, under clause 3 of Schedule 1, provide the Migration Agents Registration Authority (the 'Authority') with the ability to specify approved activities for Continuing Professional Development through notices published on their website (section 2). These activities are crucial for registered migration agents who must complete at least 10 points worth of approved activities to re-register under section 290A of the Migration Act 1958 (section 3). The explanatory statement outlines the purpose of the instrument, which is to specify educational programs that are approved for Continuing Professional Development for registered migration agents (section 4). This notice revokes the previous notice, entitled Migration Agents (Continuing Professional Development – Program of Education) MARA Notice MN38-05a of 2005, and introduces a new set of approved activities (section 5). The obligations imposed on parties governed by the Act include ensuring that all registered migration agents complete the specified activities within the required points to maintain their registration. These obligations are set out in the new notice, which specifies a range of educational programs, each with a point value. The Authority must ensure that these activities are clearly communicated to all registered migration agents to facilitate compliance with the Act's requirements (section 6). The Authority's role is pivotal in maintaining the standards of professional conduct and competence among registered migration agents through the provision of approved activities that contribute to Continuing Professional Development. The instrument outlines specific consequences for non-compliance with the Act's requirements. Breach of the Act may result in civil or criminal penalties, although the explanatory statement does not specify the exact penalties for such breaches. It is important for registered migration agents to adhere to the requirements set out in the notice to avoid any legal ramifications. Failure to complete the required activities could result in de-registration, which would prevent the agent from practising as a migration agent in Australia (section 10). The retrospective nature of the notice ensures that agents can still claim credit for activities completed before the notice is registered on the Federal Register of Legislative Instruments, thus mitigating any potential disadvantages (section 9). The explanatory statement clarifies that the retrospective effect of the notice does not disadvantage migration agents or the Commonwealth. Clause 4 of Schedule 1 of the Migration Agents Regulations 1998 ensures that agents can 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 (section 10). This measure ensures that agents are not penalised for activities they completed in good faith before the new notice was published, thereby maintaining fairness in the application of the Act's requirements. The retrospective nature ensures that there is no undue advantage or disadvantage to any party involved.