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 MN17-08a of 2008, signed on 22/04/2008, 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 The activities which have been withdrawn are….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4 of Schedule 1 of the Migration Agents Regulations 1998, ensures that agents can still claim activities that have been withdrawn by this instrument, provided that they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.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, enacted by the Parliament of Australia, were established to regulate the activities of migration agents, ensuring they meet specific professional standards and requirements. These regulations were introduced to address the need for a structured approach to the professional development of migration agents, aiming to maintain high standards of service and ethical conduct in the industry. The explanatory statement for F2008L02940, published in 2008, specifies activities involving a Program of Education as approved for the purposes of Continuing Professional Development (CPD) for registered migration agents. This instrument revokes the previous listing of approved CPD activities and introduces new ones, while ensuring that migration agents who completed relevant activities within a specified period can still claim CPD points. The retrospective application of these regulations ensures fairness and continuity for agents and does not disadvantage them or the Commonwealth.
Scope and Application
The Migration Agents Regulations 1998, as amended by the explanatory statement for F2008L02940, govern the Continuing Professional Development (CPD) activities required for registered migration agents to maintain their registration. This regulatory framework applies to all individuals and entities registered as migration agents in Australia. The Regulations mandate that these agents must complete approved CPD activities, each valued at a minimum of 10 points, to re-register under Section 290A of the Migration Act 1958. The specified activities encompass a range of educational programs designed to ensure that migration agents remain proficient and knowledgeable in their practice. The geographic scope of these Regulations is national, applying across all states and territories within Australia. The explanatory statement also notes that the instrument does not substantially alter existing CPD arrangements, instead specifying new activities, revoking outdated ones, and altering certain previously approved activities. The retrospective application of the new notice ensures that agents who completed eligible activities within the 12 months prior to the notice's publication can still claim these for CPD purposes, provided they were undertaken before the notice was registered on the Federal Register of Legislative Instruments.
Key Provisions
The Migration Agents Regulations 1998 (as amended) require all registered migration agents to 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 (section 3). These approved activities are specified by the Migration Agents Registration Authority (the 'Authority') and are intended to promote Continuing Professional Development. The Authority has the power to specify these activities through notices published on its website. The purpose of the Instrument is to specify a new set of educational activities that are approved for the purposes of Continuing Professional Development for registered migration agents (clause 3).
The obligations imposed on registered migration agents by the Instrument include completing approved activities that have a value of at least 10 points in order to re-register (section 3). The Instrument specifies new activities that are approved for Continuing Professional Development, revokes previous activities, and alters others. The agents must ensure they are aware of and comply with the latest list of approved activities. The Instrument also requires the Authority to publish the new set of activities on its website so that all registered migration agents can access the information and ensure they are completing the required activities.
There are no specific offences, penalties, or civil/criminal consequences mentioned in the Explanatory Statement for breach of the requirements under the Instrument. However, it is implied that failure to complete the approved activities could result in difficulties when re-registering as a migration agent. The retrospective nature of the Instrument ensures that agents who completed activities before the notice was published are not disadvantaged, and the Commonwealth is not advantaged or disadvantaged by this retrospectivity (clause 4 and item 10).