Overview

The Migration Agents Regulations 1998, enacted by the Australian Parliament, established a framework for the registration and regulation of migration agents to ensure the provision of professional and ethical migration services. To address the need for ongoing professional development, the Migration Agents Regulations 1998 were amended to allow the Migration Agents Registration Authority to specify approved activities for Continuing Professional Development (CPD). This approach was designed to maintain and enhance the competency and integrity of registered migration agents. The explanatory statement for the Migration Agents Regulations 1998 Notice (F2010L02822) clarifies that the instrument specifies activities involving a Program of Education, which are approved for CPD purposes. This update revokes a previous notice and sets out new activities that confer points towards re-registration under the Migration Act 1958. The notice is minor and does not substantially alter existing CPD arrangements, ensuring that registered migration agents can continue to meet their CPD obligations without significant disruption.

Scope and Application

The F2010L02822 Instrument under the Migration Agents Regulations 1998 serves to specify approved activities for Continuing Professional Development (CPD) for registered migration agents, as mandated by the Migration Agent Regulations 1998. This regulatory instrument applies to all registered migration agents who are required to complete approved CPD activities to re-register under section 290A of the Migration Act 1958. The instrument outlines new educational programs that qualify as approved CPD activities, thereby updating and replacing the previous list of approved activities. These activities are intended to ensure that migration agents maintain their professional competencies and adhere to the regulatory standards set forth by the Migration Agents Registration Authority. The instrument is retrospective, allowing agents to claim credit for CPD activities completed within the 12 months prior to applying for re-registration, provided that these activities are undertaken before the instrument is registered on the Federal Register of Legislative Instruments. This ensures that agents are not disadvantaged by the changes and that the Commonwealth remains unaffected by the retrospectivity.

Key Provisions

The key operative sections of the instrument (paragraph 2) under the Migration Agent Regulations 1998 specify that the Migration Agents Registration Authority (the 'Authority') can determine, through a notice published on its website, the approved activities required for Continuing Professional Development. This requirement is essential for all registered migration agents to re-register under section 290A of the Migration Act 1958. The purpose of this instrument is to define the approved activities involving a Program of Education that are accepted for Continuing Professional Development (paragraph 3). This notice revokes the previous notice, titled "Migration Agents (Continuing Professional Development – Program of Education) MARA Notice MN31-10a of 2010," and introduces a new set of approved activities. The obligations and requirements imposed by the instrument (paragraphs 4 and 5) on registered migration agents include completing the newly specified approved activities that carry a minimum value of 10 points. These activities are critical for maintaining their registration status. The instrument also specifies new activities that confer points, revokes the previous list of approved activities, and modifies certain activities as per the Authority's decision. This notice is of a minor or machinery nature and does not substantially alter existing arrangements for Continuing Professional Development. As such, it does not require consultation, as stipulated by the regulations. Regarding offences, penalties, or consequences for breach (paragraph 6), the instrument does not explicitly detail the penalties for failing to complete the required Continuing Professional Development activities. However, non-compliance with the re-registration requirements under section 290A of the Migration Act 1958 could potentially lead to deregistration. This would result in the agent being unable to legally practise as a migration agent, thereby affecting their professional career and livelihood. The retrospective application of this instrument (paragraph 9) ensures that migration agents who completed the previously approved activities within 12 months prior to the notice's publication can still claim credit for these activities. This provision ensures fairness and avoids disadvantaging agents who undertook these activities before the notice was published.