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))
- 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).
- 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.
- 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.
- 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
Overview
The Migration Agents Regulations 1998 Value of Activities, Fees for Assessments and Standards for Professional Development Activities 2015 (F2015L01710) was enacted to provide clarity and updates to the Continuing Professional Development (CPD) requirements for registered migration agents. This instrument, made under the Migration Agents Regulations 1998 and coming into effect on 21 November 2015, operates to declare the value of CPD points for mandatory activities, specify these activities for registered migration agents in their first year of registration and for all agents in any year of registration, specify the fees for performing assessments, and approve the standard for CPD activities. This legislative instrument was introduced to ensure that the CPD requirements remain current and reflective of any organisational changes, such as the merger of professional bodies, without altering the fundamental content of the previous regulations. The instrument was not subject to consultation as it did not substantially alter existing arrangements and was deemed minor or machinery in nature. Additionally, it was found to be compatible with human rights as articulated in international human rights treaties.
Scope and Application
The Migration Agents Regulations 1998 Value of Activities, Fees for Assessments and Standards for Professional Development Activities 2015 (Instrument IMMI 15/106) applies to registered migration agents in Australia, who must adhere to the stipulated mandatory activities, fees, and professional development standards. This legislative instrument is applicable nationally, overseen by the Commonwealth, and serves to update and refine existing regulations pertaining to the professional conduct and development of migration agents. The instrument revokes and replaces the previous instrument, IMMI 14/038, and includes specific adjustments such as the declaration of CPD points, identification of mandatory activities, specification of permissible assessment fees, and approval of CPD activity standards. Notably, there were no consultations or requirement for a Regulatory Impact Statement as the changes were minor and did not substantially alter existing arrangements. Additionally, the instrument is subject to disallowance, with a Statement of Compatibility with Human Rights provided to ensure alignment with international human rights standards.
Key Provisions
The primary sections of the legislative instrument, IMMI 15/106, pertain to the continuing professional development (CPD) requirements for registered migration agents, which are specified in Regulations 9F, 9J, and paragraphs 9G(1)(c) and 9K(1)(c) of the Migration Agents Regulations 1998. This instrument updates and replaces the previous instrument, IMMI 14/038, and serves to clarify the CPD provisions. It declares the value of CPD points for mandatory activities that must be completed by registered migration agents, whether in their first year of registration or any subsequent year (Regulation 9F). It also specifies the mandatory CPD activities that these agents must undertake (Regulation 9J) and sets out the fees that may be charged for assessments related to CPD activities (Regulation 9J). Additionally, the instrument approves the standards for the provision of CPD activities, as outlined in the document titled "Continuing Professional Development Approved Provider Standard Conditions" issued by the Migration Registration Authority (paragraphs 9G(1)(c) and 9K(1)(c)).
The obligations imposed by this instrument are primarily directed at registered migration agents. These agents are required to complete specified CPD activities, accumulate the requisite number of CPD points, and pay the approved fees for assessments related to their CPD activities. Failure to meet these obligations could result in non-compliance with the regulations, potentially impacting their registration status and ability to practice as migration agents. The instrument ensures that all registered agents maintain a certain standard of professional competence and development throughout their careers.
There are no specific offences or penalties outlined in the instrument itself; however, the broader Migration Agents Regulations 1998 contain provisions for breaches of CPD requirements. For instance, failure to complete the mandatory CPD activities or to accumulate the required CPD points may result in disciplinary actions against the agent, including fines and the possibility of having their registration revoked. The exact penalties for such breaches would be determined by the Migration Agents Registration Authority in accordance with the existing regulatory framework.
In summary, this legislative instrument aims to ensure that registered migration agents maintain their professional competence through continued education and development. By specifying the required CPD activities, the value of CPD points, and the fees for assessments, it provides a clear framework for agents to follow. While the instrument does not detail penalties, it underscores the importance of compliance through its alignment with the broader regulatory requirements.