Commonwealth Consolidated Regulations

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MIGRATION AGENTS REGULATIONS 1998 - REG 6

Continuing professional development

  (1A)   For the purposes of subsection   290A(1) of the Act, the prescribed period is 3 years.

Note:   The effect of subsection   290A(1) of the Act, combined with this subregulation, is that section   290A of the Act (which relates to continuing professional development requirements) applies to applicants for repeat registration as defined in regulation   3 of this instrument.

  (1)   For the purposes of subsection   290A(2) of the Act, the requirements for continuing professional development of a registered migration agent who makes an application for repeat registration are that, within the period applicable under subregulation   (2):

  (a)   the applicant completes CPD activities worth at least 10 points; and

  (b)   the completed activities include activities specified in an instrument made under regulation   3AA as mandatory for the applicant and worth at least the minimum number of points specified in the instrument for such activities.

  (2)   For the purposes of subregulation   (1), the period is:

  (a)   the 12 months ending on the day the application was made; or

  (b)   if the Authority is satisfied that the applicant did not meet a requirement in subregulation   (1) because of exceptional circumstances beyond the applicant's control--the 15 months ending on the day that is 3 months after the day the application was made.

  (3)   Points counted for the purposes of deciding an application cannot be counted again for the purposes of deciding a later application.

  (4)   In order to satisfy the Authority that the applicant has met the requirements in subregulation   (1), the applicant must:

  (a)   include with the application a written notice that:

  (i)   states that the applicant has met the requirements in subregulation   (1); and

  (ii)   includes a list of CPD activities completed by the applicant within the applicable period and the points the activities are worth; and

  (b)   keep written records of activities completed by the applicant (including any confirmation of completion given by a CPD provider), sufficient to enable the Authority to assess whether the activities are properly regarded as CPD activities; and

  (c)   show the Authority the records on request.

  (5)   Records kept for the purposes of paragraph   ( 4)(b) must be:

  (a)   in English; and

  (b)   kept for at least 2 years after the end of the period of registration in which the activity was completed.



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