EXPLANATORY STATEMENT

Migration Agents Regulations 1998

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

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

1 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 (‘the Regulations’).

2 The purpose of the instrument is to specify matters declared or approved by the Minister, by instrument in writing, for the purposes of continuing professional development of Migration Agents seeking registration with the Office of the Migration Agents Registration Authority.

3 It is intended that the registered migration agents will successfully complete all elements of the Practice Ready Programme in their first year of registration unless they are exempt.  Exempt agents are those who hold, or held at the time of their initial registration, an Australian legal practicing certificate or who hold full membership of a recognized Australian Professional Association of Accountants.

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.
• Declare specified activities as a mandatory activity for certain registered migration agents in a particular year of registration or all registered migration agents in any year of registration.
• Specify the fees for performing assessments.
• Specify the standard for the provision of professional development activities.

5 Consultation was undertaken before the instrument was made with the Office of the Migration Agents Registration Authority.

6 The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 17101).

7 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.

8 The Instrument, IMMI 14/038, commences on the day after it is registered on the Federal Register of Legislative Instruments.

Statement of Compatibility with Human Rights

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

IMMI 14/038 – 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 instruments IMMI 13/015, IMMI 13/016 and IMMI 13/021. 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 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;

•                      declare specified activities as a mandatory activity for certain registered migration agents in their first year of registration, and all registered migration agents in any year of registration;

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

•                      specify the standard for the provision of CPD activities.

This instrument does not change the number of CPD points, including those specified as mandatory, that a registered migration agent must complete in any year of registration. Additionally, it also does not change the fees that that may be charged for performing assessments, nor does it change the standards for the provision of CPD activities.

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.

Senator the Honourable Michaelia Cash

Assistant Minister for Immigration and Border Protection