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 MN10-07a of 2007, signed on 08/03/2007, 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….
Item
10041, 10042, 10043, 10044
7. The activities which have been withdrawn are….
Nil
8. The activities which have altered are:
Nil
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4 of Schedule 1 of the Migration Agents Regulations 1998, ensures that agents can still claim activities that have been withdrawn by this instrument, provided that they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.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, enacted by the Australian Parliament, address the need for continuous professional development for migration agents to ensure they maintain a high standard of competence and integrity in their practice. This legislation, specifically clause 3 of Schedule 1, empowers the Migration Agents Registration Authority (the 'Authority') to specify approved activities for Continuing Professional Development (CPD) that registered migration agents must complete to re-register under section 290A of the Migration Act 1958. The Explanatory Statement clarifies that the Authority can update the list of approved CPD activities through notices published on its website, ensuring the requirements remain current and relevant. This instrument, while minor and not altering existing arrangements substantially, revises the approved activities to reflect the latest standards and practices within the profession. The retrospective application of these changes ensures that agents can claim credit for CPD activities completed before the notice is officially published, without any disadvantage to either the agents or the Commonwealth.
Scope and Application
The Migration Agents Regulations 1998, under the authority granted by clause 3 of Schedule 1, allow the Migration Agents Registration Authority to specify approved activities for Continuing Professional Development (CPD) through a notice published on its website. This particular notice, made under clause 3 of Schedule 1 to the Regulations, specifies activities involving a Program of Education as approved for CPD purposes for registered migration agents. These agents must complete activities with a value of at least 10 points to re-register under section 290A of the Migration Act 1958. The notice revokes the previous notice from 2007 and specifies new activities, without substantially altering existing CPD arrangements. Importantly, the notice is retrospective, effective from 1 April 1998, ensuring that agents can claim credit for activities completed within the 12 months prior to applying for repeat registration, provided they are undertaken before the notice is registered on the Federal Register of Legislative Instruments. This retrospective nature ensures no disadvantage to agents or the Commonwealth.
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) for registered migration agents. These activities, which carry a minimum value of 10 points, are necessary for agents to re-register under section 290A of the Migration Act 1958. This Explanatory Statement details a notice issued by the Authority, specifying new activities involving a Program of Education that are approved for CPD purposes.
Registered migration agents must engage in these approved CPD activities to maintain their registration. The new notice, which revokes the previous notice (MN10-07a of 2007), includes specific activities that confer points towards re-registration. These activities are listed in the Schedule of the notice and are intended to ensure that agents can continue to meet their CPD requirements effectively. The Authority's decision to specify these new activities is grounded in the need to update and enhance the professional development framework for migration agents.
The notice imposes obligations on registered migration agents to complete the specified CPD activities and to ensure that they accumulate the required points for re-registration. These activities must be undertaken within the stipulated timeframes and must be documented appropriately to claim the points. Failure to meet these obligations can result in difficulties when applying for re-registration, potentially leading to the loss of registration status.
While the notice does not introduce any new offences or penalties, it does outline the consequences of failing to comply with the CPD requirements. Agents who do not complete the required CPD activities or who fail to accumulate the necessary points will be unable to re-register, which could result in their registration lapsing. This outcome would prevent them from legally providing migration services, thereby affecting their professional standing and livelihood. The retrospective nature of the notice ensures that agents who completed CPD activities before the notice was published are not disadvantaged, thereby maintaining fairness and continuity in the registration process.