Overview

The Migration Agents Regulations 1998 were enacted to regulate the professional activities of migration agents in Australia, ensuring they maintain a certain standard of competence and professional development. This legislation was introduced to address the need for structured continuing professional development (CPD) requirements for migration agents to ensure they remain updated with changes in migration laws and practices. The regulations were enacted by the Australian Government and are overseen by the Migration Agents Registration Authority (the 'Authority'). The primary policy objective of this legislative instrument is to specify approved CPD activities for registered migration agents to maintain their professional competence and integrity. The explanatory statement details a specific notice made under clause 3 of Schedule 1 to the Migration Agents Regulations 1998, which updates the list of approved CPD activities for registered migration agents. This notice revokes a previous set of approved activities and introduces new ones, ensuring that migration agents can continue to meet their CPD requirements effectively. The changes do not substantially alter existing arrangements but ensure that the activities listed are relevant and up-to-date, thus maintaining the high standards expected of migration agents.

Scope and Application

The Migration Agents Regulations 1998, as amended by the Notice F2011L00358, applies to all registered migration agents in Australia who are required to complete approved Continuing Professional Development (CPD) activities to re-register under the Migration Act 1958. The regulations establish the framework within which the Migration Agents Registration Authority (the 'Authority') can specify approved CPD activities, ensuring that migration agents maintain and enhance their professional competencies. This Notice specifically details new seminar activities that are approved for CPD purposes, revoking the previous notice MN07-11c of 2011 and updating the list of approved activities. The instrument is effective from 1 April 1998, allowing agents to claim credit for activities completed within the 12 months prior to their application for repeat registration, thereby preventing any disadvantage that might arise from the change in regulations. The instrument is of a minor or machinery nature, not requiring consultation as it does not substantially alter existing CPD arrangements for migration agents.

Key Provisions

The Migration Agents Regulations 1998, through clause 3 of Schedule 1, empower the Migration Agents Registration Authority (the 'Authority') to specify approved activities for Continuing Professional Development (CPD) for registered migration agents. Section 290A of the Migration Act 1958 mandates that all registered migration agents must complete approved CPD activities that are valued at a minimum of 10 points to re-register. This particular Notice specifies seminar activities that have been approved for CPD purposes, revoking the previous notice (MN07-11c of 2011) and introducing a new set of activities. The Notice outlines specific obligations for registered migration agents. Firstly, they must engage in approved CPD activities, ensuring these activities accrue a minimum of 10 points. This requirement is crucial for maintaining their registration status. The Notice also ensures that any CPD activities undertaken within the 12 months prior to the application for re-registration can still be claimed, thereby not disadvantaging agents who complete activities before the Notice is published. The Notice delineates the consequences for non-compliance with the CPD requirements. Failure to complete the requisite CPD activities and accrue the necessary points can result in disqualification from re-registration, effectively barring the agent from continuing their practice. This legislative measure is intended to ensure that migration agents maintain and enhance their professional competencies and knowledge, thereby upholding the standards of the profession. The Notice does not introduce new offences or penalties but reiterates the existing legal framework governing CPD for migration agents. Under section 290A of the Migration Act 1958, non-compliance with CPD requirements can lead to the refusal of re-registration. Additionally, the Notice, by being retrospective, ensures that agents who completed CPD activities before the Notice was published are not disadvantaged, thus maintaining fairness within the regulatory system. In summary, the Notice specifies approved seminar activities for CPD, imposes the obligation on agents to complete these activities to maintain their registration, and underscores the importance of adhering to these requirements to avoid re-registration issues.