Migration Agents Regulations 1998
Statutory Rules No. 53, 1998
made under the
Migration Act 1958
Compilation No. 31
Compilation date: 14 October 2024
Includes amendments: F2024L01299
About this compilation
This compilation
This is a compilation of the Migration Agents Regulations 1998 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Introductory
1 Name of Regulations
3 Interpretation
3AA Instrument specifying matters relating to CPD activities
Part 2—Immigration assistance given by persons not registered
Division 2.1—Assistance given by employers and their employees
3A Definitions for Division 2.1
3B Meaning of employer and employee
3BA Specification of kinds of visas for this Division
3C Assistance given to migrating employees
3D Representations made on behalf of migrating employees
Division 2.2—Assistance given by professional development sponsors
3E Definitions for Division 2.2
3EA Specification of classes of persons for this Division
3F Assistance given to professional development applicants
3G Representations made on behalf of professional development applicants
Division 2.3—Assistance given by other persons
3H Assistance given by close family members
Division 2.4—Infringement notices relating to giving of immigration assistance
3I Definitions for Division 2.4
3J When can an infringement notice be served?
3K What must an infringement notice contain?
3L Can the time for payment be extended?
3M What happens if the penalty is paid?
3N Can an infringement notice be withdrawn?
3O Refund of penalty if notice withdrawn
3P Evidence
3Q Can there be more than one infringement notice for the same offence?
3R What if payment is made by cheque?
3S Infringement notice not compulsory
3T How must a notice be…
Overview
The Migration Agents Regulations 1998 were enacted to address the need for a regulatory framework governing the conduct and registration of migration agents in Australia. These regulations provide the legal basis for the oversight and management of migration agents who offer services related to immigration and visa applications under the Migration Act 1958. Enacted by the Commonwealth Parliament, the primary policy objective of these regulations is to ensure that migration agents operate with integrity, competence, and in compliance with professional standards, thereby protecting the interests of clients and maintaining the integrity of the immigration system. The regulations establish criteria for the registration of migration agents, outline the professional conduct expected from them, and detail the processes for handling complaints and disciplinary actions against errant agents.
Scope and Application
The Migration Agents Regulations 1998, made under the Migration Act 1958, apply to various persons and entities involved in providing immigration assistance in Australia. These regulations govern the activities of registered migration agents, as well as those who provide immigration assistance without being registered. They outline specific provisions for employers and their employees, professional development sponsors, and other individuals giving immigration assistance, including close family members. The regulations also detail the application process for becoming a registered migration agent, the qualifications required, the need for continuing professional development, and the requirements for professional indemnity insurance. Additionally, the regulations cover the publication of notices related to registration applications and the disclosure of personal information under certain circumstances. The regulations apply nationally across Australia, and their scope is further extended through subordinate instruments, which specify activities, topics, conditions, and points related to continuing professional development. While the primary focus is on the conduct and transactions related to immigration assistance, the regulations do not explicitly state any exclusions or thresholds for their application.
Key Provisions
- The Migration Agents Regulations 1998 (the Regulations) provide a comprehensive framework for regulating the conduct of migration agents in Australia. They operate under the Migration Act 1958 (the Act) and cover a wide range of provisions, including the registration process, ongoing obligations, and disciplinary measures for registered migration agents. Key provisions include the definition of various terms such as "employer," "employee," and "close family member" (regs 3B, 3BA, 3E, and 3H), and outline the types of immigration assistance that are exempt from regulation when provided by certain individuals or entities (regs 3C, 3D, 3F, and 3G). The Regulations also establish a framework for the issuance and handling of infringement notices for unauthorised immigration assistance (regs 3I to 3S).
- Registered migration agents face specific obligations, such as the requirement to complete continuing professional development (CPD) activities (reg 6), maintain professional indemnity insurance (reg 6B), and provide certain information and documents to the Migration Agents Registration Authority (MARA) upon request (reg 7A). They must also notify the Department of Home Affairs and the Administrative Review Tribunal when providing immigration assistance to visa and review applicants, respectively (regs 7G and 7H). Failure to comply with these obligations can result in disciplinary action, including suspension or cancellation of registration (regs 7 and 7E).
- Breaches of the Regulations can lead to criminal and civil penalties. For example, providing unauthorised immigration assistance can result in infringement notices with specified penalties (regs 3J to 3S). If an infringement notice is not paid, the matter may proceed to court, where the penalties can be more severe. Additionally, registered migration agents who violate the Code of Conduct or other provisions of the Act and Regulations may face disciplinary action from the MARA, including fines, suspension, or cancellation of their registration (regs 7 and 7E). These measures ensure that migration agents adhere to professional standards and protect the interests of visa applicants and review applicants.
- Area of Law
- Immigration & Refugee Law
- Administrative Law
- Instrument
- Regulation
- Concepts
- Definitions & Interpretation
- Reporting & Disclosure Obligations
- Enforcement Powers
- Repeal & Amendment
- Delegated & Subordinate Legislation
- Civil Penalty Provisions