EXPLANATORY STATEMENT

Migration Agents Regulations 1998

VALUE OF ACTIVITIES, FEES FOR ASSESSMENTS AND STANDARDS FOR PROFESSIONAL DEVELOPMENT ACTIVITIES 2015

(Clause 7A of Schedule 1, Regulations 9F, 9J and Paragraphs 9G(1)(c) and 9K(1)(c))

1. Instrument IMMI 15/106 is made under clause 7A of Schedule 1, Regulations 9F, 9J and paragraphs 9G(1)(c) and 9K(1)(c) of the Migration Agents Regulations 1998 (the Regulations).
2. The Instrument revokes Instrument IMMI 14/038 (F2014L01092) under subsection 33(3) of the Acts Interpretation Act 1901, which states where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
3. The purpose of the Instrument is to update matters in relation to the value of activities, fees for assessments and standards for professional development activities.
4. The Instrument operates to:

• declare the value of points for mandatory activities that registered migration agents in their first year of registration, and all registered migration agents in any year of registration must successfully complete;
• specify mandatory activities for registered migration agents in their first year of registration, as well as mandatory activities for all registered migration agents in any year of registration;
• specify the fees for performing assessments;
• approve the standard of professional development activities set out in the document known as Continuing Professional Development Approved Provider Standard Conditions which is issued by the Migration Registration Authority.

5.             Consultation was not undertaken before the instrument was made as the changes do not alter the content of the previous instrument. Pursuant to subsection 18(1) of the Legislative Instruments Act 2003 consultation was not necessary. The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.

6.             The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 19250).

7.             The Senior Executive Service, Band one, Regional Director ACT/NSW was delegated the powers contained in Schedule 1, regulations 9F, 9J and paragraphs 9G(1)(c) and 9K(1)(c) to the Regulations in Instrument of Delegation DEL 14/01, signed on
5 June 2014.

8.             Under section 42 of the Legislative Instruments Act 2003, the Instrument is subject to disallowance and therefore a Statement of Compatibility with Human Rights has been provided.

9.             The Instrument, IMMI 15/106, commences on 21 November 2015.

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

IMMI15/106 – Value of Activities, Fees for Assessments and Standards for Professional Development Activities

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of Legislative Instrument

This instrument is made under Clause 7A of Schedule 1, Regulations 9F and 9J and paragraphs 9G(1)(c) and 9K(1)(c) of the Migration Agents Regulations 1998 (Cth) (‘the Regulations’).

This instrument revokes and replaces previous instrument IMMI 14/038. The purpose of the instrument is to clarify provisions relating to Continuing Professional Development (CPD) of registered migration agents.  It operates to:

•                 declare the number of CPD points for mandatory activities that registered migration agents in their first year of registration and all registered migration agents in any year of registration must successfully complete;

•                 specify the activities that are mandatory for certain registered migration agents in their first year of registration and all registered migration agents in any year of registration;

•                 specify the fees that may be charged for performing assessments for CPD activity applications; and

•                      approve the standard for the provision of CPD activities.

The change to the instrument relates to the second footnote.  Following a merger of organisations, reference to the Institute of Chartered Accountants in Australia in this footnote should be removed and replaced with Chartered Accountants Australia and New Zealand.

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms articulated in the seven core international human rights treaties.

Conclusion

This Legislative Instrument is compatible with human rights and it does not raise any human rights issues.

THE HON PETER DUTTON MP

Minister for Immigration and Border Protection