Overview

The Migration Agents Regulations 1998 were enacted to provide a regulatory framework for the professional conduct of migration agents in Australia. This framework was introduced to address the need for maintaining high standards of professional competence and ethical conduct among migration agents. The enacting body responsible for these regulations is the Australian Parliament. The key policy objective behind these regulations is to ensure that migration agents possess the requisite skills and knowledge to provide reliable and effective services to their clients, thereby protecting the integrity of the migration system. The Explanatory Statement outlines a notice made under the authority of the Migration Agents Registration Authority, specifying approved activities for the purposes of Continuing Professional Development (CPD) for registered migration agents. This notice updates the list of approved CPD activities, revoking the previous notice and introducing new activities while ensuring the continuity of professional development standards without substantial alteration to existing arrangements.

Scope and Application

The Migration Agents Regulations 1998 apply to registered migration agents in Australia, who must complete approved continuing professional development (CPD) activities to re-register under the Migration Act 1958. The scope of this legislation extends to the professional activities undertaken by these agents to ensure they maintain their competence and adherence to industry standards. The activities specified for CPD purposes are outlined in notices published by the Migration Agents Registration Authority (the 'Authority') on its website, with the current notice specifying workshop activities. These activities confer points which must be accumulated to meet the re-registration requirements. The Act applies nationally across Australia, impacting all registered migration agents regardless of their location. The instrument in question revokes a previous notice and lists new activities, some of which have been withdrawn, while others have been altered. The retrospective application of the notice, effective from April 1, 1998, ensures that agents can claim CPD activities completed within the 12 months prior to applying for re-registration, thereby preventing any disadvantage to agents who completed these activities before the notice was published. This retrospective approach does not disadvantage the agents or the Commonwealth, as activities withdrawn by the instrument can still be claimed if undertaken before the instrument is registered on the Federal Register of Legislative Instruments.

Key Provisions

The key provisions of this Notice are found in clause 3 of Schedule 1 to the Migration Agent Regulations 1998 (the "Regulations"). This clause empowers the Migration Agents Registration Authority (the "Authority") to specify, through a notice on its website, activities approved for the purposes of Continuing Professional Development (CPD) for registered migration agents. Under section 290A of the Migration Act 1958, all registered migration agents must complete approved CPD activities that have a value of at least 10 points in order to re-register. The Notice specifies new workshop activities approved for CPD purposes and revokes a previous notice (MARA Notice MN17-10e of 2010) that listed different approved activities. The Regulations impose obligations on registered migration agents to complete CPD activities specified by the Authority, with a minimum value of 10 points each. Agents must ensure that they participate in approved activities to maintain their registration status. The Authority's role is to specify these activities through notices published on its website, ensuring that agents have clear guidelines on what activities are acceptable for CPD purposes. Agents must also keep records of their participation in these activities to provide evidence when re-registering. Breaches of the CPD requirements can result in civil and criminal consequences for registered migration agents. Under section 290A of the Migration Act 1958, failure to complete the required CPD activities can lead to the refusal of re-registration, effectively preventing the agent from practising. This can have significant professional and financial repercussions for the agent. Additionally, any misrepresentation or fraud in claiming CPD activities can result in criminal charges and penalties, including fines and imprisonment. The precise penalties depend on the nature and severity of the offence, but they can be substantial, reflecting the importance of compliance with CPD requirements for maintaining professional standards in the migration industry.