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 a Program of Education, 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 – Program of Education) MARA Notice MN29-07a of 2007, signed on 19/07/2007, 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 The activities which have been withdrawn are….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4 of Schedule 1 of the Migration Agents Regulations 1998, ensures that agents can still claim activities that have been withdrawn by this instrument, provided that they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.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 establish the framework for regulating migration agents in Australia and to ensure that they meet the necessary professional standards. This legislation was introduced to address the need for a structured and recognised system for the continuing professional development (CPD) of migration agents, ensuring that they remain competent and knowledgeable in their field. The Migration Agents Registration Authority (the 'Authority'), established under the Migration Act 1958, has the responsibility to specify approved CPD activities. The objective of this regulation is to maintain and enhance the professional standards of migration agents by mandating the completion of approved CPD activities with a minimum point value in order for them to re-register. This ensures that agents are up-to-date with the latest legal and procedural changes in migration law, thereby protecting the interests of clients and maintaining the integrity of the migration system.
Scope and Application
The Migration Agents Regulations 1998 apply to registered migration agents who must complete approved activities for Continuing Professional Development in order to re-register under the Migration Act 1958. This Notice specifies activities involving a Program of Education as approved activities and is made under clause 3 of Schedule 1 to the Regulations, allowing the Migration Agents Registration Authority to specify these activities by notice published on its website. The Notice revokes the previous notice titled "Migration Agents (Continuing Professional Development – Program of Education) MARA Notice MN29-07a of 2007" and introduces a new set of activities, conferring points on new activities while altering others. The Notice is of minor or machinery nature, does not substantially alter existing arrangements, and is effective as of 1 April 1998, with a retrospective application to allow agents to claim credit for activities completed within the 12 months prior to applying for repeat registration. This retrospectivity ensures no disadvantage to agents or the Commonwealth, as clause 4 of Schedule 1 of the Regulations allows agents to still claim activities that have been withdrawn, provided they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.
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 Continuing Professional Development (CPD) for registered migration agents. This notice, F2008L01158, outlines the approved activities related to a Program of Education that agents must complete to gain the necessary points for re-registration under section 290A of the Migration Act 1958 (section 2). These activities must each have a value of at least 10 points. This notice revokes the previous MARA Notice MN29-07a of 2007 and specifies a new set of approved activities, providing clarity and updating the framework for CPD (section 4).
The new approved activities outlined in this notice involve various educational programs, workshops, and courses that are relevant to the field of migration. These activities must be completed by registered migration agents to ensure they maintain the required level of competence and knowledge. The notice specifies which educational programs and courses are approved, thereby guiding agents on the types of CPD activities they can undertake to meet their re-registration requirements (section 6).
The obligations imposed on registered migration agents by this notice are clear and specific. They must complete at least 10 points of approved CPD activities within the specified timeframe to re-register under section 290A of the Migration Act 1958 (section 2). This ensures that agents remain up-to-date with current migration practices, laws, and ethical standards. The Authority has the responsibility to publish and update the list of approved activities on its website, ensuring transparency and accessibility for agents.
Failure to complete the required CPD activities or to engage in approved activities may result in non-compliance with the re-registration requirements under section 290A of the Migration Act 1958. While the notice does not explicitly state penalties, it implies that non-compliance could lead to difficulties in re-registering as a migration agent, which could impact an agent’s ability to practice. The notice is retrospective, allowing agents to claim CPD activities completed within 12 months prior to the notice's publication, thus ensuring fairness and continuity for those who have already undertaken relevant education (section 9).