Overview

The Migration Agents Regulations 1998 were enacted to address the need for registered migration agents to undertake continuing professional development (CPD) in order to maintain their registration. This legislation is administered by the Migration Agents Registration Authority (the 'Authority') and aims to ensure that migration agents remain knowledgeable and competent in their field. The explanatory statement for F2010L02213 clarifies that this notice, made under clause 3 of Schedule 1 to the Regulations, specifies approved CPD activities for migration agents, replacing and updating a previous notice. This minor instrument does not substantially change existing CPD requirements but instead adjusts the approved activities for the purposes of CPD. The retrospective nature of the notice ensures that agents can claim credit for CPD activities completed before the notice's publication, provided they were undertaken within a specified timeframe. This approach ensures fairness to both the agents and the Commonwealth, without creating any disadvantage or advantage.

Scope and Application

The F2010L02213 Explanatory Statement pertains to the Migration Agents Regulations 1998 and focuses on the activities approved for Continuing Professional Development (CPD) for registered migration agents. This legislation applies specifically to all registered migration agents, who are mandated to complete CPD activities to re-register under section 290A of the Migration Act 1958. The activities in question pertain to a Program of Education, and the notice specifies new activities that confer points, revokes previously listed activities, and alters certain activities as approved for CPD. This instrument is of minor or machinery nature and does not substantially alter existing arrangements for CPD. Importantly, the notice is retrospective, effective from 1 April 1998, to allow agents to claim credit for activities completed within the 12 months prior to applying for repeat registration, without disadvantaging the agents or the Commonwealth. The Authority retains the ability to specify approved CPD activities via notices published on its website, as outlined in clause 3 of Schedule 1 to the Regulations.

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) through notices published on its website. These approved activities are crucial for registered migration agents to meet the CPD requirements under section 290A of the Migration Act 1958 when re-registering. The primary objective of this specific notice is to detail the educational programs that qualify as approved CPD activities for these agents. It revokes the previous notice, titled "Migration Agents (Continuing Professional Development – Program of Education) MARA Notice MN17-10a of 2010" (section 4), and introduces a new list of activities. Registered migration agents must engage in approved CPD activities that earn a minimum of 10 points to qualify for re-registration. These activities are intended to ensure that agents remain updated with the latest migration laws and practices. The obligations imposed on the agents by this legislation include completing these approved CPD activities and maintaining records of their completion to present during the re-registration process. The notice specifies new activities, revokes some previously approved ones, and modifies others to reflect current professional standards and requirements. The notice outlines the specific activities that are now approved, those that have been withdrawn, and those that have been altered (sections 6, 7, and 9). It is important to note that the notice is effective retroactively as of 1 April 1998 (section 9). This retrospective application allows agents to claim credit for CPD activities they completed within the 12 months prior to applying for re-registration, ensuring they are not disadvantaged if they completed such activities before the notice was published. The notice's retrospective nature does not disadvantage the agents in any way because clause 4 of Schedule 1 of the Migration Agents Regulations 1998 allows agents to still claim activities that have been withdrawn by this instrument, provided they were undertaken before the instrument was registered on the Federal Register of Legislative Instruments. Any failure to comply with these CPD requirements can result in civil or criminal consequences. While the specific penalties are not detailed in the explanatory statement, breaches of the Migration Act 1958 and its associated regulations can lead to fines and other sanctions, including potential deregistration of the agent. The maximum penalties for such breaches can vary depending on the severity of the breach and are prescribed under the relevant sections of the Migration Act and other applicable laws.