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 workshop 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 – Workshop) MARA Notice MN07-11e of 2011, signed on 07/02/2011, 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 The activities which have been withdrawn are….
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4 of Schedule 1 of the Migration Agents Regulations 1998, ensures that agents can still claim activities that have been withdrawn by this instrument, provided that they are undertaken before the instrument is registered on the Federal Register of Legislative Instruments.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 provide a regulatory framework for the professional activities of migration agents in Australia, addressing the need for a structured approach to the professional development and registration of these agents. This legislative instrument is administered by the Migration Agents Registration Authority (the 'Authority'), which operates under the Migration Act 1958. The primary policy objective is to ensure that migration agents maintain their professional competence through Continuing Professional Development (CPD). The Authority has the power to specify approved CPD activities, which registered agents must complete to re-register. The explanatory statement outlines a notice published by the Authority to specify new workshop activities for CPD, revoking previous listings and altering certain activities. This instrument ensures that agents can claim credit for CPD activities completed before the notice was published, thereby maintaining fairness and avoiding any disadvantage to agents or the Commonwealth.
Scope and Application
The Migration Agents Regulations 1998, as amended by F2011L00560, applies to all registered migration agents in Australia who must comply with continuing professional development (CPD) requirements to maintain their registration. This regulation is applicable nationally across the Commonwealth, ensuring a uniform standard for all migration agents. The act specifies that these agents must complete approved CPD activities with a minimum value of 10 points to re-register under section 290A of the Migration Act 1958. The explanatory statement outlines that the regulation specifies new workshop activities approved for CPD, revoking the previous notice from 2011. These changes are of a minor nature and do not substantially alter existing CPD arrangements. The retrospective effect of the notice, effective from 1 April 1998, ensures that agents can claim credit for activities completed within the 12 months prior to applying for repeat registration, thereby preventing any disadvantage to the agents. However, activities withdrawn by this instrument can still be claimed if undertaken before the notice is registered on the Federal Register of Legislative Instruments.
Key Provisions
The Migration Agents Regulations 1998, as amended by the explanatory statement F2011L00560, focus on the Continuing Professional Development (CPD) activities for registered migration agents. Section 290A of the Migration Act 1958 mandates that all registered agents must complete CPD activities worth at least 10 points to re-register (section 2). Clause 3 of Schedule 1 to the Regulations empowers the Migration Agents Registration Authority (the 'Authority') to specify these activities via notices on its website. This particular notice revokes the previous listing of approved CPD workshop activities, specifically the notice titled "Migration Agents (Continuing Professional Development – Workshop) MARA Notice MN07-11e of 2011", and introduces a new set of activities (section 4).
The obligations under this Act require all registered migration agents to engage in the specified CPD activities to maintain their registration. These activities are intended to ensure that agents stay updated with the latest legal and procedural developments in migration law. By specifying these activities, the Authority ensures that agents maintain a certain level of professional competence and integrity. The notice also mandates that any CPD activities completed within the 12 months prior to an application for repeat registration can be claimed, provided they were undertaken before the notice was registered on the Federal Register of Legislative Instruments (section 10).
Breaching these obligations can result in serious consequences. If a registered migration agent fails to complete the required CPD activities, they may be unable to re-register, which could lead to their registration being cancelled. This would mean they cannot legally practice as a migration agent. Additionally, under section 291C of the Migration Act 1958, any agent found to be practising while unregistered can face severe penalties, including fines and imprisonment. The specific penalties can vary, but they are intended to be substantial enough to deter non-compliance with the CPD requirements. The retrospective application of the notice ensures that agents are not disadvantaged if they complete CPD activities before the notice is published, maintaining fairness in the system.