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 MN23-11c of 2011, signed on 31/05/2011, 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….
7. The activities which have been withdrawn are….
Item |
34110 |
34111 |
34112 |
34113 |
34114 |
34115 |
34116 |
34117 |
34120 |
34121 |
34122 |
34126 |
34127 |
34129 |
34130 |
34131 |
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4 of Schedule 1 of the Migration Agents Regulations 1998, ensures that agents can still claim activities that have been withdrawn by this instrument, provided that they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.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 framework for the professional development of migration agents, ensuring they remain competent and informed about changes in migration law and practice. This regulation was introduced by the Parliament of Australia to address the need for ongoing education and training for migration agents to maintain high standards of service to clients. The Migration Agents Registration Authority (the 'Authority') has the power under clause 3 of Schedule 1 of the Regulations to specify approved activities for Continuing Professional Development (CPD) for registered migration agents, as mandated by section 290A of the Migration Act 1958. The objective of this regulation is to ensure that migration agents complete CPD activities to maintain their registration, thereby upholding professional standards within the migration industry.
Scope and Application
The Migration Agents Regulations 1998, as amended by this instrument, apply to all registered migration agents in Australia who are required to undertake continuing professional development (CPD) activities in order to maintain their registration under the Migration Act 1958. The CPD activities specified in this notice are necessary for registered migration agents to demonstrate their ongoing professional competency and adherence to the standards set by the Migration Agents Registration Authority (the 'Authority'). The geographic reach of the regulations is national, applying across all states and territories in Australia. The instrument specifies new activities for CPD, revokes previous activities, and alters some of the previously approved activities. It does not introduce any new substantive requirements but rather updates the list of approved CPD activities, thereby ensuring that migration agents can continue to comply with their CPD obligations. The retrospective application of this notice ensures that agents can claim credit for CPD activities completed within the 12 months prior to applying for repeat registration, thereby preventing any disadvantage that might arise from the timing of the notice's publication.
Key Provisions
The primary operative sections of the instrument (sections 1-11) outline the authority and process for specifying approved activities for Continuing Professional Development (CPD) for registered migration agents. Clause 3 of Schedule 1 to the Migration Agent Regulations 1998 (section 2) empowers the Migration Agents Registration Authority (the 'Authority') to publish notices specifying approved CPD activities on its website. These activities, valued at a minimum of 10 points each, are mandatory for registered migration agents to complete in order to re-register under section 290A of the Migration Act 1958 (section 2). This instrument specifically revokes the previous notice (section 4) and introduces a new set of approved seminar activities for CPD (section 6).
The obligations imposed by the Act on registered migration agents are straightforward. They must complete the approved CPD activities specified in the notice to meet the minimum requirement of 10 points for re-registration. This ensures that agents maintain their professional standards and stay updated on relevant migration laws and practices. The Authority is responsible for specifying these activities and publishing the notice on its website. Agents must refer to the notice to understand which activities are approved for CPD purposes.
There are no explicit offences or penalties mentioned in the explanatory statement for non-compliance with the CPD requirements. However, failure to complete the required CPD activities could result in the inability to re-register, which would prevent the agent from legally practising as a migration agent in Australia. This consequence is implicit in the requirement to complete the CPD activities for re-registration under section 290A of the Migration Act 1958. The retrospective nature of the notice ensures that agents who completed activities before the notice was published can still claim them, thus avoiding any disadvantage (section 9). The notice's effectiveness from 1 April 1998 further ensures that agents have a clear period to complete the necessary CPD activities (section 9).