Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations
1. A registered migration agent must, in the 12 months immediately before the date on which the agent applies for repeat registration, complete approved activities that have a value of at least 10 points.
1A. Any points attributed to any approved activity previously relied on by a registered migration agent for an application for repeat registration are not to be counted as part of any subsequent application.
2. At least 6 of the 10 points mentioned in clause 1 must relate to the completion of core activities.
3. (1) The Authority may specify approved activities by notice published on its web site.
Note Paper copies of the notice are available from the Authority on request.
(2) The notice may include, in relation to each activity:
(a) the name of the activity; and
(b) the provider (if any) of the activity; and
(c) whether the activity is a core activity or an elective activity; and
(d) the number of points for the activity.
(3) The notice may set requirements for completion of the activity.
Examples of requirements
* a minimum mark for an examination
* a requirement that the quality of a presentation be certified by qualified persons
* journals in which a publication must appear
* a requirement that the quality of work for an activity be assessed in a particular way
* a requirement dealing with work for an activity undertaken jointly with another person.
3A. (1) In deciding whether or not to specify an activity under clause 3, the Authority may take into account:
(a) whether it is satisfied that:
(i) the activity will help improve each participant's professionalism as a registered migration agent, including the participant's knowledge of migration procedures, professional ethics and relevant skills; and
(ii) the activity provider has a way of ensuring that the activity will achieve the outcome mentioned in subparagraph (i); and
(iii) the delivery of the activity is focussed on the achievement of the outcome mentioned in subparagraph (i); and
(b) whether the provider of the activity has complied with the requirement to give information under subregulation 6 (2) in relation to other activities; and
(c) the character and reputation, or a doubt about the character and reputation, of a person connected with the activity.
(2) Without limiting subclause (1), the following persons are connected with an activity:
(a) a person who conducts the activity or produces, writes or presents material for it;
(b) a person concerned in the management of a company or body of persons that conducts the activity or produces, writes or presents material for it;
(c) a person who has been appointed as a consultant to advise a person mentioned in paragraph (a) or (b) about the activity.
4. Withdrawal of approval of an activity does not affect its approval for a registered migration agent who started the activity before the withdrawal.
5. An activity may be approved if it meets the requirements for registration to practise in another profession, including:
(a) mandatory continuing legal education for legal practitioners; or
(b) continuing professional education for accountants.
6. An approved activity may include:
(a) a program of education, conducted by a person who is, or persons who are, qualified by practical experience or academic qualifications in the subject matter of the course, that is comprehensive or refresher training;
(b) private study of audio, video or written material, for example recordings of approved activities;
(c) attendance at a seminar, workshop, conference or lecture
that is conducted by a person who is, or persons who
are, qualified by
practical experience or academic qualifications in the subject matter of the
activity;
(d) authorship and publication of an article of at least 1000 words;
(e) preparation or presentation of written or oral material for the purposes of paragraph (a), (b) or (c), or for use in an examination mentioned in clause 8;
(f) authorship, shared authorship or editorship of a book.
7. A core activity must relate specifically to:
(a) the Migration Act 1958 ; or
(b) the Migration Regulations 1994 ; or
(c) other legislation relating to migration procedure; or
(d) portfolio policies and procedures; or
(e) the application of paragraphs (a), (b), (c) and (d) to the registered migration agent's practice.
7A. The Authority may declare that specified activities up to the value of 4 points are mandatory for:
(a) certain registered migration agents in a particular year of registration; or
(b) all registered migration agents in any year of registration.
7B. The Authority may declare that activities up to the value of 7 points undertaken by a registered migration agent in any year of registration must be assessable.
8. A core activity may include passing an examination that demonstrates competency as a registered migration agent.
9. An elective activity is an activity that relates to a topic of a legal or business nature that is relevant to a registered migration agent's practice as a registered migration agent.
10. An elective activity may include providing immigration assistance without charge for a voluntary organisation, for example a non‑profit immigration advice organisation, a migrant resource centre or an ethnic community organisation.
11. A registered migration agent who claims an activity under clause 10 must comply with the following conditions:
(a) the agent must obtain a statement by a person in
the
organisation, authorised by the Migration Agents Registration Authority:
(i) that the work has been completed; and
(ii) setting out the number of hours worked;
(b) the agent must show the statement to the Authority on request;
(c) if the agent is employed by a voluntary organisation, the agent may claim an activity under clause 10 if it occurs outside the agent's normal hours of employment.
12. A registered migration agent applying for registration, or an individual who had been registered at any time in the 12 months immediately before making an application for repeat registration, must:
(a) give the Authority a written statement made by the agent that:
(i) states that the agent has met the requirements of this Schedule; and
(ii) includes a list of the activities that the agent has completed for which the Agent claims points; and
(b) have kept written records about each activity for which the agent claims points, including any documents given to the agent by the provider of the activity (if any) confirming that the activity was completed.
13. For paragraph 12 (b), records must:
(a) enable an assessment of the activity to confirm that the activity meets the requirements of this Schedule; and
(b) be shown to the Authority on request; and
(c) be kept:
(i) in English; and
(ii) until 2 years after the end of the registration period during which the activity was completed.