Overview

The Migration Agents Regulations 1998, amended by F2011L00565, aim to regulate the continuing professional development of registered migration agents in Australia. Enacted by the Migration Agents Registration Authority (the 'Authority'), this legislation was introduced to ensure that migration agents maintain and enhance their professional skills and knowledge. The explanatory statement for F2011L00565 notes that the purpose of this instrument is to specify seminar activities approved for the purposes of continuing professional development for registered migration agents. By revoking the previous notice and specifying new activities, the Authority aims to update the list of approved activities, ensuring that agents can continue to meet the requirements for re-registration under the Migration Act 1958. This revision does not substantially alter existing arrangements but provides clarity on approved activities, thereby maintaining the integrity and effectiveness of the professional standards for migration agents.

Scope and Application

The Migration Agents Regulations 1998, as specified in this instrument, apply to all registered migration agents who are required to complete approved Continuing Professional Development (CPD) activities to re-register under the Migration Act 1958. The instrument specifies new seminar activities that are approved for CPD purposes, revoking the previous notice and altering some activities that were previously specified. The activities included in the notice are of a minor or machinery nature, conferring points on new activities, revoking previous listings, and altering specified activities, without substantially altering existing arrangements. The instrument is effective retrospectively to 1 April 1998, ensuring that agents can claim credit for activities completed within 12 months prior to applying for repeat registration, and that the Commonwealth is neither advantaged nor disadvantaged by the retrospectivity. The scope of the instrument is limited to the activities specified in the notice, and does not extend to any other types of CPD activities. It applies nationally, as it is made under the authority of the Commonwealth, and its retrospective nature ensures that agents are not disadvantaged if they complete any of the activities listed in the notice before it is published. Any exclusions or exemptions are not specified in the instrument, and the instrument does not substantially alter existing arrangements for the purposes of CPD for registered migration agents.

Key Provisions

The Migration Agents Regulations 1998 (the Regulations) mandate that the Migration Agents Registration Authority (the 'Authority') must specify, via a notice on its website, approved activities for Continuing Professional Development (CPD) under clause 3 of Schedule 1 (paragraph 2). These activities are necessary for registered migration agents to complete in order to re-register under section 290A of the Migration Act 1958 (paragraph 3). This legislative notice aims to specify seminar activities approved for CPD, thereby revoking the previous notice, titled Migration Agents (Continuing Professional Development – Seminar) MARA Notice MN10-11c of 2011, which was signed on 28 February 2011 (paragraph 4). The instrument is of a minor or machinery nature, which means it does not substantially alter existing arrangements for CPD for registered migration agents (paragraph 5). It confers points on new activities, 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 (paragraph 5). The obligations imposed by this Act require all registered migration agents to complete CPD activities that have a value of at least 10 points to re-register (paragraph 3). These CPD activities must be approved by the Authority and specified in a notice published on its website (paragraph 2). The Authority has the responsibility to specify these activities and to ensure that they are updated and published as necessary (paragraph 2). Registered migration agents must ensure that they complete the required CPD activities to maintain their registration status. Failure to do so could result in the inability to re-register, thereby affecting their professional standing and ability to practice. The Act also outlines consequences for non-compliance with CPD requirements. Failure to complete the required CPD activities may result in the inability to re-register as a migration agent, which would prevent the agent from continuing to practice (paragraph 3). There are no explicit civil or criminal penalties mentioned in the text for non-compliance with the CPD requirements. However, the inability to re-register could have significant professional implications for the agents, including loss of income and professional reputation. The retrospective nature of the notice ensures that agents are not disadvantaged if they complete any of these activities before the notice is published, and 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 (paragraph 9 and 10).