Commonwealth Numbered Regulations Commonwealth Numbered RegulationsPart 1 -- Amendments commencing 1 October 2017
Migration Agents Regulations 1998
1 Subregulation 3(1)
Insert:
"CPD activity " means an activity that:
(a) is specified in an instrument made under regulation 3AA; and
(b) relates to a topic specified in an instrument made under regulation 3AA; and
(c) is conducted by a CPD provider in accordance with any conditions specified for the activity in an instrument made under regulation 3AA.
"CPD provider " means a person for whom an approval under Part 3C as a CPD provider is in effect.
"CPD provider standards " has the meaning given by subregulation 9Q(2).
"expiry day " for an approval has the meaning given by subregulation 9R(3).
2 At the end of Part 1
Add:
3AA Instrument specifying matters relating to CPD activities
The Minister may, by legislative instrument, specify any or all of the following matters:
(a) activities;
(b) topics to which activities may relate;
(c) conditions for the conduct of activities;
(d) the points that activities are worth;
(e) activities that are mandatory and a minimum number of points for such activities.
Note: These matters are specified for the purposes of the definition of CPD activity in subregulation 3(1).
3 After Part 3B
Insert:
Part 3C -- Approval of CPD providers
9M Application for approval as CPD provider
(1) A person may apply to the Minister for approval as a CPD provider.
(2) The application must be:
(a) in the form approved in writing by the Minister; and
(b) accompanied by the fee specified by the Minister in an instrument in writing for the purposes of this paragraph.
(3) A fee specified in an instrument made under paragraph (2)(b) may be nil.
(1) The Minister may, in writing, approve a person who has applied in accordance with regulation 9M as a CPD provider, if the applicant satisfies the Minister that the applicant meets the requirements for approval set out in subregulation 9P(1).
(2) However, the Minister must not approve the applicant as a CPD provider if the Minister has any reason to doubt that the fit and proper person requirements set out in subregulation 9P(2) are met.
(3) If the Minister decides not to approve the applicant as a CPD provider, the Minister must notify the applicant as soon as practicable, in writing, of the decision and the reasons for it.
9P Requirements to be approved as CPD provider
(1) For the purposes of subregulation 9N(1), the requirements for approval are the following:
(a) either:
(i) the applicant has experience in providing relevant types of adult learning programs or activities, or has or intends to obtain the services of a person who has such experience; or
(ii) the applicant holds a relevant qualification in training and assessment at the Certificate IV level or higher, or has or intends to obtain the services of a person who holds such a qualification;
(b) the applicant has suitable policies and administrative arrangements in relation to:
(i) learning and assessment; and
(ii) evaluation and continuous improvement; and
(iii) records management, reporting and privacy; and
(iv) handling complaints; and
(v) handling cancellations and refunds; and
(vi) support and monitoring of distance learning participants;
(c) the applicant has experience in providing, or understands and intends to provide, suitable training infrastructure, materials and resources for CPD activities;
(d) the applicant is able to deliver training, in a professional level of English, which is of significant intellectual and practical content and relevant to migration law and procedure and to the professional development needs of registered migration agents, or has or intends to obtain the services of a person who is able to do so;
(e) the applicant is suitably qualified, whether formally or by experience, to conduct CPD activities, or has or intends to obtain the services of a person who is suitably qualified.
(2) For the purposes of subregulation 9N(2), the fit and proper person requirements are that each of the following persons is a fit and proper person and a person of good character, good reputation and integrity:
(a) the applicant;
(b) any person employed by, or providing services to or on behalf of, the applicant in relation to the conduct of CPD activities or activities that would be CPD activities if the applicant were approved as a CPD provider.
9Q Conditions of approval as CPD provider
(1) A person's approval as a CPD provider is subject to the person's compliance with:
(a) any conditions specified by the Minister in the approval; and
(b) the standards specified for CPD providers in the CPD provider standards.
(2) The Minister may, by legislative instrument (the CPD provider standards ), specify standards to be complied with by CPD providers.
Note: Standards are specified for the purposes of paragraph (1)(b) of this regulation.
9R Period of approval as CPD provider
(1) Unless subregulation 9S(5) applies, a person's approval as a CPD provider takes effect:
(a) on the day the Minister approves the person; or
(b) if the Minister approves the person while a previous approval is in effect and before the end of the expiry day for that approval--at the end of the expiry day for the previous approval.
Note: If a person applies to be approved again while a previous approval is in effect, and the Minister approves the person after the expiry day for the previous approval, subregulation 9S(5) deals with when the new approval takes effect.
(2) Unless continued by subregulation 9S(3) or cancelled under regulation 9T, a person's approval as a CPD provider continues in effect until the end of its expiry day.
(3) The expiry day for an approval is:
(a) the second anniversary of the day the approval took effect; or
(b) if subregulation 9S(5) applies (Minister approves the person while a previous approval is in effect and after the expiry day for that approval)--the second anniversary of the expiry day for the previous approval.
Example 1: The Minister approves a person for the first time on 31 October 2018. The approval takes effect on that day and continues in effect until its expiry day, which is 31 October 2020 (the second anniversary of the day it took effect).
Example 2: The expiry day for a person's approval is 31 October 2020. Before that day, the person applies to be approved again and the Minister approves the person on 10 October 2020. The previous approval continues in effect until the end of 31 October 2020. The new approval takes effect at the end of 31 October 2020 and continues in effect until its expiry day, which is 31 October 2022 (the second anniversary of the day it took effect).
When person's approval is automatically continued
(1) Subregulation (3) applies to continue a person's approval as a CPD provider beyond its expiry day if:
(a) before the end of the expiry day, the person made an application to be approved again as a CPD provider in accordance with regulation 9M; and
(b) the Minister had not decided the application by the end of the expiry day.
Exception--cancellation
(2) However, subregulation (3) does not apply to continue a person's approval as a CPD provider if, before the end of the expiry day, the Minister cancelled the approval.
Period of continuation of approval
(3) The person's approval as a CPD provider is taken to continue after the expiry day until:
(a) the end of the day the Minister decides the application; or
(b) if the Minister decides to cancel the person's approval--the day the cancellation takes effect; or
(c) the end of the period of 21 months beginning on the day after the expiry day.
Approval if no decision within a certain period
(4) If, before the end of the period of 21 months beginning on the day after the expiry day, the Minister has neither decided the application nor cancelled the approval, then the Minister is taken to have approved the person as a CPD provider at the end of the last day of that period. The approval is taken to be subject to any conditions specified by the Minister in the previous approval in accordance with paragraph 9Q(1)(a).
When approval is in effect
(5) If the Minister decides to approve, or is taken to have approved, the person as a CPD provider, the approval:
(a) takes effect at the end of the day the Minister approves or is taken to have approved the person; and
(b) unless continued by subregulation (3) or cancelled under regulation 9T, continues in effect until the end of its expiry day (see paragraph 9R(3)(b)).
Example: The expiry day for a person's approval is 31 October 2020. On 20 October the person applies to be approved again. The Minister has not decided the person's application by the end of 31 October.
The person's approval continues automatically past 31 October.
The Minister approves the person on 15 November. The new approval takes effect at the end of 15 November 2020 and continues in effect from that time until its expiry day on 31 October 2022 (the second anniversary of the expiry day for the previous approval--see paragraph 9R(3)(b)).
9T Cancellation of approval as CPD provider
(1) The Minister may, by written notice given to a person, cancel the person's approval as a CPD provider if:
(a) the Minister is satisfied that the person has failed to comply with a condition referred to in paragraph 9Q(1)(a) or a standard in the CPD provider standards; or
(b) the Minister is not satisfied that the person meets the requirements for approval in subregulation 9P(1), or that the person has done as the person intended in relation to any such requirement met on the basis of an intention; or
(c) the Minister has reason to doubt that the fit and proper person requirements set out in subregulation 9P(2) are met.
(2) The Minister must, by written notice given to a person, cancel the person's approval as a CPD provider if the person requests the Minister in writing to do so.
(3) Cancellation takes effect on the day notice of the cancellation is given to the person, or on a later day specified in the notice.
(1) The Minister may, in writing, delegate to an APS employee in the Department any or all of the Minister's functions and powers under this Part, other than a power to make, vary or revoke a legislative instrument.
(2) In performing functions and exercising powers under a delegation, the delegate must comply with any directions of the Minister.
Part 2 -- Amendments commencing 1 January 2018
Migration Agents Regulations 1998
4 Subregulation 3(1)
Repeal the following definitions:
(a) definition of approved activity ;
(b) definition of approved provider .
5 Regulation 3AA (at the end of the note)
Add "and for subregulation 6(1)".
6 Regulation 6
Repeal the regulation, substitute:
6 Continuing professional development
(1) For the purposes of section 290A 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.
7 Parts 3A and 3B
Repeal the Parts.
8 Schedule 1
Repeal the Schedule.
9 Clause 2.5 of Schedule 2 (note 2)
Omit "Schedule 1", substitute "regulation 6".