Overview

The Migration Agents Regulations 1998, as amended by the F2010L00981 Explanatory Statement, were enacted to clarify and update the approved activities for Continuing Professional Development (CPD) for registered migration agents in Australia. This notice, introduced by the Migration Agents Registration Authority (the 'Authority'), was made under clause 3 of Schedule 1 of the Regulations, aiming to ensure that migration agents maintain and enhance their professional competence. The explanatory statement notes that the instrument is minor and machinery in nature, not significantly altering existing CPD arrangements, but rather updating the list of approved CPD activities to reflect current professional standards and requirements. The notice revokes the previous MARA notice from 2008 and specifies a new set of CPD activities, ensuring that migration agents can claim credit for activities completed prior to the notice's publication, thereby avoiding any disadvantage.

Scope and Application

The Migration Agents Regulations 1998, as amended by the notice titled 'Migration Agents (Continuing Professional Development – Program of Education) MARA Notice MN31-08a of 2008', apply to all registered migration agents who are required to complete Continuing Professional Development (CPD) activities to maintain their registration. These regulations outline the activities that are approved for CPD purposes and assign a value of at least 10 points to each approved activity, a requirement for re-registration under section 290A of the Migration Act 1958. The notice specifies a set of educational programs that are approved for CPD, thereby determining which activities registered migration agents must undertake to meet their CPD obligations. The notice revokes the previous listing of approved activities, replacing it with new ones, and adjusts those that have been altered. This instrument, of a minor nature, ensures that migration agents are not disadvantaged by the changes, as it is retrospective to the date of the original regulations, 1 April 1998, allowing agents to claim credit for activities completed within the 12 months prior to applying for repeat registration.

Key Provisions

The Migration Agents Regulations 1998 (MARA) set out specific activities that registered migration agents must complete as part of their Continuing Professional Development (CPD). Section 3 of Schedule 1 of these Regulations allows the Migration Agents Registration Authority (the 'Authority') to specify approved activities through a notice published on its website. These activities are critical for agents to re-register under section 290A of the Migration Act 1958. Agents are required to complete activities that have a value of at least 10 points. The primary obligations imposed by the Act on registered migration agents include the completion of approved CPD activities to maintain their registration. These activities are meant to ensure that agents remain knowledgeable about current migration laws and practices. Agents must engage in these activities, which are detailed in the Authority's notices, to meet the re-registration requirements. Failure to complete the required CPD activities can lead to issues with re-registration, effectively preventing agents from legally practicing in their profession. Breach of the CPD requirements can result in civil or criminal consequences. For example, if an agent fails to complete the required CPD activities, they may not be eligible for re-registration. This can result in them being unable to practice as a migration agent, which is a serious professional and legal consequence. Although the explanatory statement does not specify penalties, it is clear that non-compliance with these requirements can lead to significant professional ramifications for the agents involved.