Australian Immigration Daily News

The following query has been received by Migration Alliance today:

I am assisting an agent with his first renewal and I couldn't find any legislative basis for the practice ready program. It's stated on the MARA website it's mandatory for first renewal and MIA also state the same but I failed to find it listed as a mandatory requirement in the legislation. I don't think it is, and I think that as a result many first year migration agents have paid out money for a program that wasn't a mandatory requirement at all.

I thought I'd raise it with you to look at it. I could be wrong but I thought I should raise with you to have a look at.

Please do not mention my details if looking into this further, I have enough fights with MARA as it is.

From what I see, Legislative Instrument 2013 No.33 in the associated explanatory statement paved the way for the Practice Ready Program. On page 4 of the associated Explanatory Statement reference is made to the program being supported through changes to Schedule 5. Refer to http://www.comlaw.gov.au/Details/F2013L00490/Html/Text#_Toc350854990

As a result of these changes we have, in the Migration Agent Regulations 1998, Schedule 2, the following:

7A.      The Minister may, by instrument in writing, declare that specified activities, up to the value specified by the Minister by instrument in writing for this clause, 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 Minister may, by instrument in writing, declare that specified activities, up to the value specified by the Minister by instrument in writing for this clause, are assessable for:
(a)      certain registered migration agents in a particular year of registration; or
(b)      all registered migration agents in any year of registration.

The changes require the declared activities to to be specified in an instrument. Legendcom links the 'instrument' in these clauses to IMMI 13/015 that specifies 10 points are manatory. There is no statement referencing a practice ready program.

I asked MARA and was advised the practice ready program was specified through a "notice" on the MARA website. I don't believe a notice on the MARA website is an 'instrument' as referred to by the regulations. comlaw.gov.au defines a legislative instrument here http://www.comlaw.gov.au/content/whatisit#L

I think MARA have confused themselves. Under the Migration Agent Regulations 1998 it is required that a list of approved activities is maintained on the Authority's website (refer to 9G (3)(a)) but this website listing is just to show the activity is an approved activity (and I note they refer to the information as a list on a website not an instrument!). I think MARA have ignored the fact that 7A/7B require the Practice Ready Program to be published in an instrument, not as a list on a website.

I could be wrong so it would be good to get a second set of eyes to look this over. If it's correct then MARA and MIA have been imposing costs on agents that were not actually required. 

Do any agents out there have an opinion on this?