Overview

The "Fees for Performing Assessments" Instrument, made under the Migration Agents Regulations 1998, was enacted to address the need for clarity and specificity regarding fees associated with continuing professional development (CPD) activities within the migration industry. This instrument was introduced to streamline and formalise the fee structure for assessments performed by the Office of the Migration Agents Registration Authority (MARA). It operates to outline the fees applicable to providers of CPD activities or those seeking approval for such activities. The instrument was developed under the authority granted by Regulations 9F and 9J of the Migration Agents Regulations 1998 and is part of the consolidation of the Migration Legislation Amendment Regulation 2013 (No. 1). The primary objective is to provide detailed fee information, thus clarifying existing arrangements and ensuring transparency within the regulatory framework. The instrument was subject to consultation with the Office of the MARA and does not require a Regulatory Impact Statement. It is also compatible with human rights, as it does not engage with any of the applicable rights or freedoms under the relevant international human rights treaties.

Scope and Application

The Migration Agents Regulations 1998 Fees for Performing Assessments Instrument provides specific details regarding the fees charged by the Office of the Migration Agents Registration Authority (MARA) for the assessment and approval of continuing professional development (CPD) activities. This instrument, IMMI 13/021, applies to providers of CPD activities or individuals who seek to have a CPD activity approved, thereby directly impacting entities and persons involved in regulated migration agent activities. The fees outlined in this instrument are designed to clarify existing arrangements and are subject to the overarching framework of the Migration Agents Regulations 1998, which are part of the consolidated Migration Legislation Amendment Regulation 2013 (No. 1). This regulatory instrument applies on a national level, given its foundation in federal legislation, and is subject to disallowance under section 42 of the Legislative Instruments Act 2003. It is also noted that a Regulatory Impact Statement was deemed unnecessary by the Office of Best Practice Regulation, as confirmed in OBPR Reference 14082. The instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms articulated in the seven core international human rights treaties.

Key Provisions

The Migration Agents Regulations 1998 (the Regulations) have been amended to include specific details about the fees charged by the Office of the Migration Agents Registration Authority (MARA) for the performance of assessments, as outlined in the instrument IMMI 13/021 (paragraph 4). This instrument, which was made under the authority of Regulations 9F and 9J (paragraph 2), clarifies existing arrangements and provides explicit details about the fees applicable to providers of continuing professional development (CPD) activities or those who apply to have a CPD activity approved (paragraph 5). The fees outlined are for the services rendered by the MARA when assessing and approving CPD activities, and they are intended to ensure that the regulatory process is transparent and cost-reflective. The Regulations impose certain obligations and requirements on the parties involved. Providers of CPD activities must comply with the stipulated fees as per the instrument, and they are expected to submit the necessary fees when applying for assessment and approval of their CPD activities (paragraph 5). The MARA, in turn, is responsible for setting and communicating these fees clearly to the providers and ensuring that the assessment process is conducted efficiently and effectively. This includes providing detailed information about the fees and the services they cover, as well as ensuring that the fee structure is transparent and justifiable. In terms of consequences for non-compliance, the Regulations do not explicitly state penalties for breach of the fee provisions. However, failure to comply with the regulatory requirements, including the timely payment of fees, could potentially result in the non-approval of CPD activities, which could impact the professional standing and accreditation of the providers. Additionally, as the instrument is subject to disallowance under section 42 of the Legislative Instruments Act 2003, any failure to adhere to the stipulated fees and processes could be subject to parliamentary scrutiny and potential disallowance. It is also important to note that the instrument has been assessed for compatibility with human rights and has been deemed not to raise any human rights issues (paragraph 8 and 9).