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 Program of Education activities, 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 MN44-10a of 2010, signed on 25/10/2010, 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 The activities which have been withdrawn are….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4 of Schedule 1 of the Migration Agents Regulations 1998, ensures that agents can still claim activities that have been withdrawn by this instrument, provided that they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.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 provide a framework for the regulation of migration agents in Australia, ensuring that they maintain their professional standards and competency through continuing professional development (CPD). This legislation was introduced to address the need for maintaining high professional standards among migration agents, facilitating compliance with the Migration Act 1958. The Migration Agents Registration Authority (the 'Authority'), which operates under the Department of Home Affairs, is the enacting body responsible for specifying approved activities for CPD. The policy objective is to ensure that all registered migration agents undertake activities that enhance their professional skills and knowledge, thereby maintaining the integrity of the migration advisory service. This particular instrument specifies Program of Education activities approved for CPD purposes, thereby updating and revoking previous listings to reflect current professional requirements. The instrument is of a minor nature, aimed at updating the approved activities without altering the fundamental CPD arrangements for registered migration agents.
Scope and Application
The Migration Agents Regulations 1998, as amended by the notice F2011L00567, apply to registered migration agents who must complete approved activities for Continuing Professional Development (CPD) in order to re-register under section 290A of the Migration Act 1958. These regulations are administered by the Migration Agents Registration Authority (the Authority) and concern activities that confer points towards the CPD requirement, ensuring that migration agents remain updated in their professional knowledge and skills. The specified activities outlined in the notice are intended to maintain the professional standards of registered migration agents across Australia, ensuring that they are competent and knowledgeable in their practice. This notice revokes the previous list of approved CPD activities and replaces it with a new set, thereby altering the existing arrangements but not substantially changing the overall framework for CPD. The retrospective application of these regulations ensures that agents who have completed eligible CPD activities within the 12 months prior to the notice’s publication can still claim those activities, thereby preventing any disadvantage to them or to the Commonwealth.
Key Provisions
The primary sections of the Migration Agents Regulations 1998, specifically the clause 3 of Schedule 1, empower the Migration Agents Registration Authority (the 'Authority') to specify approved activities for Continuing Professional Development (CPD) through notices published on its website (section 2). Under section 290A of the Migration Act 1958, all registered migration agents are required to complete these approved CPD activities, which must collectively have a value of at least 10 points to be eligible for re-registration. This instrument serves to specify new Program of Education activities that have been approved for CPD purposes.
The obligations imposed by the Act on registered migration agents are clear and straightforward. Each agent must ensure they undertake and complete CPD activities that have been officially approved by the Authority. These activities must be documented and their values accumulated to meet the minimum requirement of 10 points for re-registration. Failure to complete the required CPD activities can result in the agent being ineligible to re-register, effectively barring them from continuing their professional practice as a migration agent.
The explanatory statement highlights that any breaches of these CPD requirements may lead to civil consequences for the registered agents. Specifically, if an agent does not complete the requisite CPD activities, they will be unable to re-register, which can result in the cessation of their professional practice. Additionally, the revocation of the previous MARA notice and the introduction of new activities mean that agents must adapt to the updated requirements to avoid any compliance issues. The maximum penalties or specific civil consequences for non-compliance are not detailed within the explanatory statement, but it is implied that non-compliance could lead to loss of professional standing or other administrative sanctions.