Overview

The Migration Agents Regulations 1998, enacted by the Parliament of Australia, were introduced to regulate the activities of migration agents in Australia, ensuring they meet continuing professional development requirements. This legislative instrument, F2011L00686, is made under clause 3 of Schedule 1 to the Regulations and specifies activities approved for the purposes of Continuing Professional Development (CPD) for registered migration agents. The policy objective is to maintain and enhance the competency and professional standards of migration agents, ensuring they are up-to-date with the latest legal and procedural requirements in migration law. The instrument revokes a previous notice and introduces new activities for CPD, thereby updating the list of approved activities that registered agents must complete to re-register. The retrospective application of the notice ensures that agents can claim CPD activities completed before the notice is published, maintaining fairness and avoiding any disadvantage to the agents.

Scope and Application

The Migration Agents Regulations 1998, under clause 3 of Schedule 1, empowers the Migration Agents Registration Authority (the 'Authority') to specify approved activities for Continuing Professional Development for registered migration agents, through notices published on its website. These activities must be completed by all registered migration agents to re-register under section 290A of the Migration Act 1958, each having a value of at least 10 points. This legislation applies to all registered migration agents in Australia, imposing an obligation on them to participate in approved professional development activities to maintain their registration. The instrument applies nationally, covering all states and territories of Australia, and is not limited by jurisdictional boundaries. While the Act does not explicitly exclude any categories of persons or entities, it primarily targets registered migration agents. The Act does not specify any thresholds or exemptions regarding the activities required for Continuing Professional Development. The instrument's retrospective effect, as noted, does not disadvantage migration agents and ensures that they can still claim credit for activities completed before the notice is published, provided they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of this legislation are found in clause 3 of Schedule 1 of the Migration Agents Regulations 1998 (paragraphs 2 and 3). This clause empowers the Migration Agents Registration Authority (the 'Authority') to specify, by notice published on its website, approved activities for the purposes of Continuing Professional Development. According to section 290A of the Migration Act 1958, all registered migration agents must complete approved activities that have a value of at least 10 points in order to re-register. This notice specifically outlines the approved activities for Continuing Professional Development, including seminars, and revokes the previous list of approved activities. The obligations and requirements imposed by this legislation on registered migration agents are primarily related to Continuing Professional Development. Registered agents must complete approved activities, which in this case are seminars, and accumulate at least 10 points to maintain their registration. The Authority has the responsibility of specifying these activities and ensuring that they are published on its website. The agents must keep track of the activities they complete and ensure that they meet the required point value to avoid any issues with their registration. The legislation does not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, failure to complete the required Continuing Professional Development activities and accumulate the necessary points could potentially lead to issues with re-registration under section 290A of the Migration Act 1958. While the legislation does not outline specific penalties for non-compliance, it is implied that agents who do not meet the requirements may face difficulties in maintaining their registration status.