Overview

The Migration Agents Regulations 1998 (the Regulations) were enacted to regulate the professional conduct and practice of migration agents in Australia. These Regulations were introduced to address the need for a structured and regulated approach to the professional conduct of migration agents, ensuring that they adhere to standards of competence and ethical practice. The Regulations were enacted by the Parliament of Australia and the primary policy objective is to protect the public by ensuring that only qualified and competent individuals provide migration services. The Migration Agents Regulations 1998 establish a framework for the registration, professional development, and conduct of migration agents. One specific instrument, IMMI 14/038, made under the Regulations, focuses on the value of activities, fees for assessments, and standards for professional development activities for migration agents. This instrument aims to specify matters related to the continuing professional development of migration agents seeking registration, ensuring that they complete mandatory activities within their first year of registration unless exempt. The instrument also sets out the fees for assessments and the standards for professional development activities, ensuring consistency and compliance with the regulatory framework. The instrument was developed following consultation with relevant authorities and has been deemed compatible with human rights as per the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Migration Agents Regulations 1998 (the Regulations) establish the framework for the registration and ongoing professional development of migration agents in Australia. This particular instrument, made under the authority of Clause 7A of Schedule 1, Regulations 9F and 9J, and Paragraphs 9G(1)(c) and 9K(1)(c), focuses on specifying matters for the continuing professional development of migration agents seeking registration with the Office of the Migration Agents Registration Authority. It mandates that registered migration agents, excluding those who hold or held an Australian legal practicing certificate or full membership of a recognised Australian Professional Association of Accountants, must complete all elements of the Practice Ready Programme in their first year of registration. The instrument also declares the value of points for mandatory activities, specifies the fees for assessments, and sets standards for professional development activities. It applies nationally and is subject to disallowance, with a Statement of Compatibility with Human Rights provided to ensure it aligns with international human rights treaties.

Key Provisions

The key operative sections of the instrument 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, specify the value of points for mandatory activities (Regulation 9F), declare specified activities as mandatory (Regulation 9J), specify fees for assessments (Paragraph 9G(1)(c)), and establish standards for professional development activities (Paragraph 9K(1)(c)). These provisions are designed to ensure that registered migration agents successfully complete the required continuing professional development activities, particularly in their first year of registration, unless they qualify for an exemption based on their prior qualifications or memberships. The instrument imposes several obligations on registered migration agents. Firstly, it requires them to complete the mandatory activities outlined in the instrument, which must be successfully completed within the specified time frame, typically the first year of registration (Regulation 9J). Secondly, migration agents must ensure that their professional development activities meet the standards specified in the instrument (Paragraph 9K(1)(c)). Thirdly, they must be aware of and comply with the fees for assessments as detailed in the instrument (Paragraph 9G(1)(c)). These obligations are crucial to maintaining the competency and professionalism of migration agents, ensuring they are well-versed in the latest immigration laws and practices. Breach of the requirements set forth in this instrument can lead to various consequences. Firstly, failure to complete the mandated professional development activities within the stipulated timeframe can result in penalties or other disciplinary actions by the Office of the Migration Agents Registration Authority. Although specific penalties are not detailed in the instrument, it is reasonable to assume that non-compliance could lead to sanctions such as fines, suspension, or even revocation of registration. These measures are intended to enforce adherence to professional standards and ensure that migration agents remain competent and updated in their field.