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 seminar 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 – Attendance at a Seminar, Workshop, Conference or Lecture) MARA Notice MN52-10c of 2010, signed on 21/12/2010, 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 The activities which have been withdrawn are….
Item |
34008 |
34009 |
34010 |
34011 |
34012 |
34013 |
34014 |
34015 |
34016 |
34017 |
34018 |
34019 |
34020 |
34022 |
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4 of Schedule 1 of the Migration Agents Regulations 1998, ensures that agents can still claim activities that have been withdrawn by this instrument, provided that they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.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 establish a regulatory framework for migration agents in Australia, ensuring that they meet the required standards of professionalism and competence. The explanatory statement for F2011L00257, published under clause 3 of Schedule 1 of these regulations, specifies that the purpose of this particular instrument is to identify approved activities for Continuing Professional Development (CPD) for registered migration agents. The Australian Government, through the Migration Agents Registration Authority, introduced this instrument to update the list of CPD activities, revoking the previous notice and introducing new activities to ensure that agents remain current with industry standards and practices. This change does not substantially alter existing arrangements but ensures that the CPD requirements are kept relevant and comprehensive.
Scope and Application
The explanatory statement details a notice made under the Migration Agents Regulations 1998, which specifies seminar activities approved for Continuing Professional Development (CPD) for registered migration agents. This instrument is significant for all registered migration agents who are required to complete approved CPD activities to re-register under the Migration Act 1958. The notice revokes the previous listing of approved activities and specifies new activities, conferring points on these new activities as outlined in the schedule. It does not substantially alter existing CPD arrangements for migration agents but provides updated activities that agents can undertake for their CPD requirements. The instrument is minor in nature and thus does not require consultation. Importantly, it is retrospective, effective from 1 April 1998, to ensure that agents who completed CPD activities within the 12 months prior to applying for repeat registration are not disadvantaged. The retrospective effect does not disadvantage migration agents or the Commonwealth, as clause 4 of Schedule 1 of the Migration Agents Regulations 1998 allows agents to claim activities that have been withdrawn if undertaken before the notice is registered on the Federal Register of Legislative Instruments.
Key Provisions
The Migration Agents Regulations 1998, as amended by F2011L00257, focus on the Continuing Professional Development (CPD) requirements for migration agents (section 2). Under clause 3 of Schedule 1 of these Regulations, the Migration Agents Registration Authority (the Authority) is empowered to specify approved activities for CPD purposes. These activities must be completed by all registered migration agents to re-register under section 290A of the Migration Act 1958. Specifically, section 3 mandates that agents must complete approved activities with a value of at least 10 points.
The primary obligation imposed on registered migration agents is to engage in these specified CPD activities, which include seminars, workshops, conferences, and lectures (section 3). These activities are designed to ensure that agents remain up-to-date with the latest migration laws, practices, and regulatory changes. Agents must accurately document their participation in these activities to satisfy the Authority's requirements for re-registration (section 290A). Failure to complete the required CPD activities may result in the agent being unable to re-register, effectively barring them from practising as a migration agent.
Breaching the CPD requirements can lead to several consequences. Under section 290A of the Migration Act 1958, a migration agent who fails to complete the required CPD activities may not be eligible for re-registration. Additionally, the Authority may impose administrative penalties or other sanctions on agents who do not comply with CPD obligations. While the specific penalties are not detailed in this instrument, they could include fines, suspension, or revocation of the agent's registration. These measures are intended to ensure that all migration agents maintain the necessary competence and knowledge to provide effective services to their clients.