Overview

The Migration Agents Regulations 1998, enacted to regulate the conduct and activities of migration agents in Australia, were supplemented by F2011L01494, an instrument made under clause 3 of Schedule 1 of the Regulations. This instrument was introduced to address the need for streamlined and updated specifications of approved activities for Continuing Professional Development (CPD) for registered migration agents. The Authority responsible for enacting this instrument is the Migration Agents Registration Authority, which specifies these activities through notices published on its website. The policy objective is to ensure that registered migration agents maintain their professional competence by completing CPD activities of a certain value to qualify for re-registration under section 290A of the Migration Act 1958. The instrument effectively revokes previous notices and instead specifies classes of approved activities, with the details of specific activities within each class published on the Authority's website. This change maintains existing CPD arrangements without requiring additional consultation or a Regulatory Impact Statement.

Scope and Application

The Migration Agents Regulations 1998, as exemplified by the Notice F2011L01494, apply to all registered migration agents who are required to complete approved activities for Continuing Professional Development in order to re-register under section 290A of the Migration Act 1958. These agents must engage in activities that have a value of at least 10 points, which are specified by the Migration Agents Registration Authority (the 'Authority') on its website. The Authority is empowered by clause 3 of Schedule 1 to the Regulations to specify such approved activities, and this particular Notice replaces all previous notices by specifying classes of activities instead of individual ones, with the detailed activities within each class published on the Authority's website. This instrument, which is of minor or machinery nature, does not alter existing arrangements for Continuing Professional Development and is effective from 15 July 2011. It is noteworthy that this Notice revokes all seven previous notices made under clause 3 of Schedule 1 of the Regulations.

Key Provisions

The Migration Agents Regulations 1998 (the Regulations) provide a framework for the professional development of registered migration agents. Under Clause 3 of Schedule 1 of these Regulations, the Migration Agents Registration Authority (the 'Authority') has the power to specify, through notices published on its website, activities approved for Continuing Professional Development (CPD). Specifically, Section 290A of the Migration Act 1958 mandates that all registered migration agents must complete approved CPD activities with a minimum value of 10 points to re-register. The explanatory statement outlines the purpose of this legislative instrument, which is to specify classes of activities that are approved for CPD purposes. These approved activities are grouped into classes, rather than listing each individual activity, to streamline the process and make it easier for migration agents to understand their requirements. The details of specific activities within each class are published on the website of the Office of the Migration Agents Registration Authority. The instrument revokes all previous notices made under Clause 3 of Schedule 1 of the Regulations and replaces them with this new classification system. This change is considered minor and does not alter the existing arrangements for CPD for registered migration agents. Consequently, it does not require consultation with stakeholders, as stated in the explanatory statement. The Office of Best Practice Regulation was consulted regarding the changes proposed in the 2011 notice and advised that a Regulatory Impact Statement was not necessary. This notice, effective as of 15 July 2011, aims to provide a clear and efficient structure for CPD activities, ensuring that migration agents can easily identify and complete the required professional development tasks. By specifying classes of activities instead of individual ones, the regulations offer a more manageable approach for both the Authority and the registered agents. Under the Migration Agents Regulations 1998, registered migration agents are required to complete approved CPD activities to maintain their registration. These activities must be completed in accordance with the classes specified by the Authority and must meet the minimum point value of 10 points as stipulated in Section 290A of the Migration Act 1958. The Authority is responsible for publishing details of these approved activities on its website, providing a transparent and accessible resource for agents to fulfill their CPD obligations. This approach ensures that agents remain updated with the latest developments in migration law and practice. Failure to complete the required CPD activities may result in consequences for the migration agents. While the explanatory statement does not explicitly outline specific offences or penalties, it is reasonable to infer that non-compliance with the CPD requirements could lead to difficulties in re-registering, potentially impacting an agent's ability to practice. The Migration Act 1958 and related regulations typically include provisions for penalties and enforcement measures to ensure compliance with professional standards. Agents who do not meet their CPD obligations may face administrative or legal consequences, which could include fines, suspension, or even revocation of their registration.