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 –Seminar) MARA Notice MN18-11c of 2011, signed on 29/04/2011, 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….
Item |
34372 |
34373 |
34374 |
34375 |
34376 |
34377 |
34378 |
34379 |
34380 |
34381 |
34382 |
34383 |
7. The activities which have been withdrawn are….
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4 of Schedule 1 of the Migration Agents Regulations 1998, ensures that agents can still claim activities that have been withdrawn by this instrument, provided that they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.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, which were enacted to regulate the professional activities of migration agents in Australia, have been supplemented by the Migration Agents Regulations 1998 (Explanatory Statement) F2011L00939. This instrument, made under the authority of the Migration Agents Registration Authority (the 'Authority'), aims to specify approved activities for the purpose of Continuing Professional Development (CPD) for registered migration agents. These agents must complete approved CPD activities, each assigned a minimum value of 10 points, to re-register under section 290A of the Migration Act 1958. The explanatory statement notes that the new notice revokes the previously published MARA Notice MN18-11c of 2011 and sets out a new list of activities approved for CPD. The revised notice includes new activities, withdraws some previously approved activities, and alters others. The instrument is minor and machinery in nature, ensuring that no substantial changes are made to the existing CPD framework for migration agents. Furthermore, the retrospective application of the notice ensures that agents are not disadvantaged by completing CPD activities prior to the notice being published, thereby maintaining fairness and continuity in the registration process.
Scope and Application
The Migration Agents Regulations 1998 governs the professional development activities for registered migration agents, ensuring they meet continuing professional development (CPD) requirements to maintain their registration. This applies to all registered migration agents who must complete approved CPD activities, each valued at a minimum of 10 points, in order to re-register under the Migration Act 1958. The legislation's jurisdiction extends across the Commonwealth of Australia, and it mandates that all activities specified in the Regulations are approved by the Migration Agents Registration Authority (Authority). This notice specifies particular seminar activities as approved CPD activities, revoking a previous notice and updating the list of approved activities. The retrospective effect of the notice, effective as of 1 April 1998, ensures that agents can claim credit for CPD activities completed within 12 months prior to applying for repeat registration, without any disadvantage to the agents or the Commonwealth.
Key Provisions
The Migration Agents Regulations 1998 (the Regulations) establish certain requirements for registered migration agents to maintain their professional competence through Continuing Professional Development (CPD). Section 290A of the Migration Act 1958 mandates that all registered migration agents must complete approved CPD activities, which have a value of at least 10 points, to re-register (Section 290A). The explanatory statement reveals that the Authority has specified a set of seminar activities that are approved for CPD purposes. This is detailed in Clause 3 of Schedule 1 of the Regulations, which allows the Authority to specify, via a notice on its website, activities that qualify for CPD.
Registered migration agents are obligated to engage in these approved activities to ensure they meet the CPD requirements set out in the Regulations. The obligation is to complete a minimum of 10 points of CPD activities to remain in good standing with their registration. This involves attending seminars, participating in workshops, or undertaking other specified activities that contribute to their professional development in the field of migration law and practice.
Failure to comply with the CPD requirements can lead to serious consequences for registered migration agents. While the explanatory statement does not detail specific offences or penalties, it is implied that non-compliance could result in the inability to re-register, thus impacting their ability to practice as a migration agent. The retrospective nature of the notice, as explained in the statement, ensures that agents who have completed activities within the 12 months prior to applying for re-registration can still claim credit for these activities, provided they were completed before the notice was registered on the Federal Register of Legislative Instruments. This ensures that agents are not disadvantaged by the changes in the approved activities list.