Migration Agents (CPD Activities, Approval of CPD Providers and CPD Provider Standards) Instrument 2026

EXPLANATORY STATEMENT

Issued by authority of the Assistant Minister for Citizenship, Customs and Multicultural Affairs

Migration Agents Regulations 2026

Migration Agents (CPD Activities, Approval of CPD Providers and CPD Provider Standards) Instrument 2026

The Migration Agents (CPD Activities, Approval of CPD Providers and CPD Provider Standards) Instrument 2026 (departmental reference LIN 26/001) is made under the following provisions of the Migration Agents Regulations 2026 (the Regulations):

• section 5;
• paragraph 31(2)(b);
• subsections 48(3) and 52(2);

and for the repeal of the Migration Agents (IMMI 17/047: CPD Activities, Approval of CPD Providers and CPD Provider Standards) Instrument 2017 (IMMI 17/047), under the Migration Agents Regulations 1998 (the 1998 Regulations).

The instrument repeals IMMI 17/047 in accordance with subsection 33(3) of the Acts Interpretation Act 1901. That subsection provides that a power to make a legislative instrument includes a power to amend or repeal that instrument in the same manner, and subject to the same conditions, as the power to make the instrument.

The instrument commences on 1 April 2026. It is a legislative instrument for the purposes of the Legislation Act 2003 (the Legislation Act).

Purpose

The Migration Agents Regulations 2026 (the Regulations) commenced on 1 April 2026. The Migration Legislation (Migration Agents) (Repeal and Consequential Amendments) Regulations 2026 commenced at the same time as the Regulations.

Item 1 of Schedule 1 to the Migration Legislation (Migration Agents) (Repeal and Consequential Amendments) Regulations 2026 repealed the 1998 Regulations on 1 April 2026. The Regulations streamline, clarify and modernise the 1998 Regulations, ensuring that they are fit for purpose.

The Regulations are complementary to the statutory framework of the Migration Agents Registration Authority (MARA), ensuring that there is effective oversight.

The purpose of the instrument is to specify certain matters relating to the Continuing Professional Development (CPD) requirements for registered migration agents and CPD providers. Those matters specified include the fee that is to accompany applications for approval of CPD providers, CPD activities and the CPD provider standards for the purposes of the definition of CPD activity in section 4, section 5, paragraph 31(2)(b), subsections 48(3) and 52(2) of the Regulations. The repeal of IMMI 17/047 is made under the 1998 Regulations. IMMI 17/047 would otherwise sunset on 1 April 2026 in accordance with section 50 of the Legislation Act.

Consultation

The Department of Home Affairs (the Department) undertook online and face-to-face consultations on the impact of the proposed measures with the two professional associations for registered migration agents (RMAs), the Migration Institute of Australia (MIA) and Migration Alliance (MA) (the peak bodies), over a period between May and June 2025. These peak bodies were supportive of all proposed measures during these consultations.

The Department sought comment in May 2025 from the then 20 CPD providers (approved as of 28 May 2025) and offered one-on-one meetings with each provider. One-on-one consultations were held with two of the then current CPD providers. Written submissions were also received from five of the then current CPD providers.

The Department considered all feedback and determined that the following proposed measures could be retained in the same form:

• Both the Code of Conduct and Ethical Standards be mandatory on an annual basis to address concerns regarding a lack of knowledge of ethical and professional behaviour from a component of the RMA cohort.
• A maximum number of 6 CPD points be recognised by the MARA for online CPD activities undertaken in a 24 hour period to ensure enhanced learning and retention of material by RMAs.
• Retention of an optional topic on workplace rights to enable RMAs to recognise if their clients are experiencing workplace exploitation, noting the topic is not mandatory.

The Department briefed the peak bodies in face-to-face meetings in late November 2025 on the proposed upcoming release of the exposure draft of the proposed draft instrument. The Department consulted on this draft of the instrument with the peak bodies through release of a targeted exposure draft in December 2025.

The Department considered feedback and the final instrument reflects careful consideration of all relevant feedback from stakeholders throughout various stages of consultation.

Targeted consultation was undertaken in line with the best practice consultation guidelines published by the Office of Impact Analysis. Full public consultation was deemed unnecessary as the proposed changes affected a small and well-defined group of stakeholders and broader consultation would amount to wasted effort in involving unaffected parties.

Industry will be assisted in the interpretation of the instrument through explanatory communication materials and guidance. This consultation accords with subsection 17(1) of the Legislation Act.

Parliamentary scrutiny and other matters

A Statement of Compatibility with Human Rights has been completed in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011. The overall assessment is that the instrument is compatible with human rights. A copy of the Statement is at Attachment A.

Further details of the instrument are set out in Attachment B.

The instrument was made by the Assistant Minister for Citizenship, Customs and Multicultural Affairs, in accordance with section 5, paragraph 31(2)(b) subsections 48(3) and 52(2) of the Regulations and the repeal of IMMI 17/047 was made under the 1998 Regulations.

ATTACHMENT A

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Migration Agents (CPD Activities, Approval of CPD Providers and CPD Provider Standards) Instrument 2026

This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Overview of the Disallowable Legislative Instrument

On 1 April 2026 the Migration Agents (IMMI 17/047: CPD Activities, Approval of CPD Providers and CPD Provider Standards) Instrument 2017 (IMMI 17/047) will sunset. It is replaced by the Migration Agents (CPD Activities, Approval of CPD Providers and CPD Provider Standards) Instrument 2026 (LIN 26/001).

LIN 26/001 specifies certain matters relating to the Continuing Professional Development (CPD) requirements for registered migration agents (RMAs) and CPD providers. Those matters specified include the fee, which is to accompany an application for approval of CPD providers, CPD activities and the CPD provider standards for the purposes of the definition of CPD activity in section 4, section 5, paragraph 31(2)(b) and subsections 48(3) and 52(2) of the Migration Agent Regulations 2026 (the Regulations). LIN 26/001 is made under section 5, paragraph 31(2)(b),  subsections 48(3) and 52(2) of the Regulations. The repeal of IMMI 17/047 is made under the Migration Agents Regulations 1998. LIN 26/001 commences on the same day as the Regulations
(1 April 2026).

In consultation with stakeholders and peak bodies, the Department of Home Affairs (the Department) reviewed IMMI 17/047 to ensure LIN 26/001 is fit for purpose in regulating the provision of CPD to RMAs by approved CPD providers. In line with that review, LIN 26/001 reflects the updated requirements of the regulator, the Migration Agents Registration Authority (MARA) and aligns with the relevant provisions set out in the Migration Act 1958 (Migration Act) and the Regulations.

CPD is a key consumer protection that aims to prevent or reduce the instances of incompetent conduct by RMAs that may lead to adverse consequences to consumers, such as the loss of migration opportunities, time and financial resources. CPD is particularly important for RMAs because of the complexity and changeable nature of migration legislation. CPD is the only mode of ongoing compulsory education for RMAs after the completion of the knowledge requirements to enter the industry.

LIN 26/001 provides for the following new measures, when compared with the repealed IMMI 17/047:

• repeal of the reference to the Practice Ready Program. That program was discontinued in 2018 (former item 1 of the table under subsection 7(1) and item 3 of the table in Schedule 1 to IMMI 17/047);
• inclusion of an optional CPD activity on protection of workplace rights (paragraph 6(3)(g) of LIN 26/001);
• the addition of a mandatory CPD activity on ethical standards and mandatory activity on the Code of Conduct every 12 months to increase awareness of ethical issues faced by RMAs (paragraph 6(3)(h)(i) and item 2 of the table under subsection 7(1) of LIN 26/001);
• specifying that a maximum of 6 CPD points will be recognised by the MARA for a specified CPD activity, where that activity is undertaken through online learning in any 24 hour period to enhance learning and support greater information retention for RMAs (subsection 6(2) of LIN 26/001);
• clarifying “interactive” to include “real time discussion amongst participants, and/or use of interactive participation tools” to stimulate more active participation of RMAs (item 1 of Column 2 of the table in Schedule 1 to LIN 26/001);
• clarify that the “Private study with assessment” CPD activity option must be completed within 12 months of the date of enrolment in that CPD activity to ensure the assessment content is up to date (item 4 of Column 2 of the table in Schedule 1 to LIN 26/001);
• repeal of the reference to a specific date for the Occupational Competency Standards (OCS) to “future-proof” the provision as the OCS requirements are intended to  be reviewed in the future (see item 3, paragraph (e) of Column 2 of the table in Schedule 1 and paragraph 1.5a. of Schedule 2 to IMMI 17/047); and
• addition of a new provision for retention of records of all presenters and facilitators of CPD activities to enable MARA to assess suitable qualifications (see paragraph 6.1 of Schedule 2 to LIN 26/001).

LIN 26/001 provides for the following measures:

• specified matters for CPD activities;
• specified mandatory CPD activities and the minimum number of CPD points for a  mandatory CPD activity;
• the application fee for approval as a CPD provider;
• specified CPD provider standards;
• an application provision;
• a transitional provision which provides for specified evidence for certain repeat applicants for CPD activities commenced or successfully completed before or on 30 June 2026.

LIN 26/001 does not engage the right to work in Article 6 of the International Covenant on Economic, Social and Cultural Rights (ICESCR). While the LIN 26/001 does restrict individuals seeking to work as an RMA, by requiring that they comply with prescribed CPD requirements to maintain their vocation, this does not impact their right to work in other vocations. The right to work in Article 6 of the ICESCR does not guarantee that a person has a right to work in a particular industry. The imposition of eligibility criteria for certain occupations is a common and accepted means of regulating specific vocations, and does not restrict the right to work conferred by Article 6.

Human rights implications

This Disallowable Legislative Instrument engages the right to privacy under Article 17 of the International Covenant on Civil and Political Rights (ICCPR).

Article 17(1) of the ICCPR provides:

No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.

Article 17 of the ICCPR provides that no one shall be subjected to arbitrary or unlawful interference with their privacy. Interferences with privacy may be permissible provided that it is authorised by law and is not arbitrary. For an interference with the right to privacy not to be arbitrary, the interference must be for a reason consistent with the provisions, aims and objectives of the ICCPR and be reasonable in the particular circumstances. The United Nations Human Rights Committee has interpreted ‘reasonableness’ in this context to mean that ‘any interference with privacy must be proportional to the end sought and be necessary in the circumstances of any given case’. The term unlawful means that no interference can take place except as authorised under domestic law.

LIN 26/001 engages the right to privacy under Article 17 of the ICCPR by allowing the use and/or disclosure of personal information by CPD providers and the OMARA.

LIN 26/001 provides that CPD providers are required to retain records for a period of two years on:

• feedback on a CPD activity;
• evidence that the participant completed the CPD activity; and
• the learning and assessment materials which relate to the CPD activity, and the dates those materials were used.

This ensures that accurate records of RMA participation are maintained and that feedback is appropriately considered, and actioned if required. The CPD learning materials must be accurate and up to date, and presenters and facilitators suitably qualified, to ensure RMAs are delivering an effective service to their clients.

LIN 26/001 also provides that CPD providers can disclose these records to the MARA on request in order to allow MARA to assess whether CPD providers have suitable qualifications to deliver CPD. This ensures that the MARA is able to effectively monitor compliance of CPD providers with the legislative requirements governing RMAs. This is part of the MARA’s legislative requirement under the Migration Act and Regulations to require applicants not to be registered as an RMA unless the MARA is satisfied that CPD requirements have been met.

The measures together reduce the risk of incompetent conduct which may lead to adverse consumer outcomes.

The use and/or disclosure of private (personal) information in these circumstances is neither arbitrary nor unlawful. It is considered reasonable, necessary, and proportionate for the protection of consumers.

In addition, the Department is bound by the Privacy Act 1988. This contains the Australian Privacy Principles (APPs) which regulate how personal information must be handled and managed, including sensitive information such as membership of a professional association. The APPs require the Department to only collect personal information that is reasonably necessary for, or directly related to, one or more of the Department’s functions or activities. The APPs further require the Department to only disclose personal information for the primary purpose for which it was collected or under certain exemptions. The Department must take reasonable steps to protect the personal information held from misuse, interference and loss, and from unauthorised access, modification or disclosure.

LIN 26/001 provides that a CPD provider must comply with relevant Commonwealth, State and Territory legislation and regulatory requirements, including in relation to privacy. Further, CPD providers must have suitable policies and administrative arrangements in relation to records management, reporting and privacy.

Conclusion

This Disallowable Legislative Instrument is compatible with human rights because, to the extent it may limit human rights, those limitations are not arbitrary or unlawful and are reasonable, necessary and proportionate.

The Hon Julian Hill MP

Assistant Minister for Citizenship, Customs and Multicultural Affairs

ATTACHMENT B

Details of the Migration Agents (CPD Activities, Approval of CPD Providers and CPD Provider Standards) Instrument 2026

Part 1 – Preliminary

Section 1 – Name

This section provides that the name of the instrument is the Migration Agents (CPD Activities, Approval of CPD Providers and CPD Provider Standards) Instrument 2026 (the instrument).

Section 2 – Commencement

This section provides that the instrument commences on 1 April 2026.

Section 3 – Authority

This section provides that the instrument is made under the following provisions of the Migration Agents Regulations 2026:

• section 5;
• paragraph 31(2)(b);
• subsections 48(3) and 52(2);

and for the repeal of the Migration Agents (IMMI 17/047: CPD Activates, Approval of CPD Providers and CPD Provider Standards) Instrument 2017, under the Migration Agents Regulations 1998 (the 1998 Regulations).

Section 4 – Definitions

A note in this section provides for:

A number of expressions used in the instrument are defined in the Migration Act 1958 and the Migration Agents Regulations 2026, including the following:

• CPD activity;
• CPD provider;
• CPD provider standards; and
• repeat registration.

Under this section:

• accredited unit in a program of learning means a unit in a course relating to Australian migration law at the Australian Qualifications Framework level 8 or above;
• activity means CPD activity;
• Act means the Migration Act 1958;
• Australian Qualifications Framework has the meaning given by the Higher Education Support Act 2003;
• Authority means the Migration Agents Registration Authority;
• Code of Conduct means the Migration (Migration Agents Code of Conduct) Regulations 2021;
• registered migration agent has the same meaning as in the Act;
• Regulations means the Migration Agents Regulations 2026.

Section 5 – Schedules

This section of the instrument provides that each instrument that is specified in a Schedule to the instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to the instrument has effect according to its terms.

Part 2 – Specified matters relating to CPD activities

Section 6 – Specified matters relating to CPD activities

This section provides for the specified matters relating to CPD activities.

Subsection 6(1) of the instrument provides that for the purposes of the definition of CPD activity in section 4 of the Regulations, the following matters are specified in the table in Schedule 1 of the instrument:

• an activity mentioned in column 1 of an item in the table in Schedule 1 to the instrument is a specified activity for paragraph 6(1)(a) of the instrument of the definition (see section 4 of the instrument (above));
• a condition (if any) that is mentioned in column 2 of the item in the table in Schedule 1 to the instrument is specified for an activity mentioned in column 1 of the same item in that table to that Schedule;

and for subsection 31(2) of the Regulations, the following matters are specified in the table in Schedule 1 to the instrument:

• the number of points mentioned in column 3 of an item in that table to that Schedule to the instrument is specified as the number of points that an activity mentioned in column 1 of the same item in that table to that Schedule is worth.

The specified CPD activities are:

• a workshop;
• accredited unit in a program of learning;
• a conference, seminar or lecture;
• private study with assessment.

Items 1 and 2 of Column 1 of the table in Schedule 1 to the instrument are Category A activities and items 3 and 4 are Category B activities.

An accredited unit in a program of learning is a unit of a course at the Australian Qualifications Framework (AQF) 8 level or above. AQF8 requires the completion of courses including a Graduate Certificate, Graduate Diploma, or Bachelor Honours degree. They may be offered by universities or higher education providers regulated by the Tertiary Education Quality and Standards Agency. To be recognised as a CPD activity, the higher education course must be conducted by a CPD provider, as defined in section 4 of the Regulations, and must be related to Australian migration law.

The specified conditions for the conduct of CPD activities are:

• The workshop must:

• have a maximum of 30 participants; and
• be conducted in real-time by a facilitator either face-to-face (in-person) or online (i.e. webinar), including one or more of the following:

• real-time discussion amongst the participants;
• use of interactive participation tools, such as a live poll, questions and answers and quizzes.

• The conference, seminar or lecture must be conducted in real-time by a facilitator either face-to-face or online;
• The private study must include:

• an assessment; and
• be completed within 12 months of the date of enrolment within the activity mentioned in item 4 in Column 1 of the table in Schedule 1 to the instrument.

The specified CPD points that apply to each specified activity are:

• 1 point per hour of participation in the workshop;
• 5 points per accredited unit in a program of learning which is successfully completed;
• 1 point per 1.5 hours of participation in the conference, seminar or lecture;
• 1 point per 1.5 hours spent on completing private study (including an assessment), where the private study results in successful completion of the assessment.

Private Study enables participants to complete private study in a more flexible mode through self-paced learning of topics approved by the CPD provider.

Subsection 6(2) of the instrument provides that for subsection 31(2) of the Regulations, an activity that is specified under paragraph 6(1)(a) of the instrument is worth a maximum number of 6 points in circumstances where that activity is undertaken in any continuous period of 24 hours through online learning.

The note under paragraph 6(1)(c) of the instrument provides that paragraphs 5(d) and (f) of the Regulations provide respectively that the Minister may by legislative instrument specify the points that activities are worth, and the circumstances in which activities are not worth points or are worth a reduced number of points.

The intent of this provision of the instrument is to clarify that only 6 CPD points will be recognised by the MARA for a CPD activity or activities mentioned in items 1 to 4 of Column 1 of the table in Schedule 1 to the instrument (see paragraph 6(1)(a) of the instrument), where that activity/ ies was undertaken through online learning within any 24-hour period. This is to ensure that online CPD activities are completed over two or more days to enhance learning and support greater information retention.

Subsection 6(3) of the instrument provides that for the purposes of the definition of CPD activity in section 4 of the Regulations, the activities mentioned in paragraph 6(1)(a) of the instrument must relate to one or more of the following specified topics:

• the Act;
• the Regulations;
• other legislation relating to migration procedure;
• the Ministerial portfolio policies and procedures;
• the application of paragraphs 6(3)(a), (b), (c) or (d) of the instrument to the registered migration agent’s practice;
• a topic of a legal or business nature that is relevant to a registered migration agent’s practice as a registered migration agent;
• the protection of workplace rights;
• a topic relating to:

• the ethical standards for migration agents; or
• the Code of Conduct.

The note under paragraph 6(3)(h)(ii) of the instrument provides that paragraph (c) of the definition of CPD activity in section 4 of the Regulations requires a CPD activity to be conducted by a CPD provider in accordance with any conditions specified for that activity.

The protection of workplace rights topic was introduced to enhance consumer protection through education on Australian workplace rights and safeguards.

Section 7 – Specified mandatory CPD activities and the minimum number of CPD points for a mandatory CPD activity

This section provides for the specified mandatory CPD activities and the minimum number of CPD points appointed to the mandatory CPD activity.

This section of the instrument provides that for the purposes of paragraph 31(2)(b) of the Regulations:

• an activity specified in column 1 of an item in the table under paragraph 7(1)(b) of the instrument is mandatory; and
• the minimum number of points, in relation to an activity specified in column 1 of an item in the table under paragraph 7(1)(b) of the instrument, is specified in column 2 of the same item in that table under that provision of the instrument.

The note under the table in paragraph 7(1)(b) of the instrument provides for paragraph 31(2)(b) of the Regulations. Paragraph 31(2)(b) of the Regulations provides that for the purposes of subsection 290A(2) of the Act, the requirements for continuing professional development are that the completed activities include activities specified in an instrument made under section 5 of this instrument as mandatory for the applicant and worth at least the minimum number of points specified in the instrument for such activities.

Subsection 7(2) of the instrument provides that for the purposes of section 7 of the instrument, the activities specified under paragraph 7(1)(a) of the instrument are mandatory for an applicant for repeat registration unless the applicant holds an Australian legal practising certificate at the time of application.

The specified mandatory CPD activities are:

• Any of the activities mentioned in an item in Column 1 of Schedule 1 to the instrument, which is marked as a Category A activity;
• Any activities mentioned in an item in Column 1 of Schedule 1 to the instrument, which is marked as a Category A or a Category B activity, and where that activity relates to the following topics:

• ethical standards for migration agents; and
• the Code of Conduct.

Under the repealed item 3 of Column 1 of the table under former subsection 7(1) of the Migration Agents (IMMI 17/047: CPD Activities, Approval of CPD Providers and CPD Provider Standards) Instrument 2017 (IMMI 17/047) registered migration agents must have completed a specified CPD activity in either in the topic of ethical standards for migration agents or one that relates to the Code of Conduct. Item 2 of Column 1 of the table under paragraph 7(1)(b) of the instrument requires registered migration agents to complete a specified CPD activity in both topics (i.e. an ethical standards for migration agents and the Code of Conduct).

The specified minimum number of CPD points appointed to any mandatory CPD activity mentioned in item 1 or 2 of Column 1 of that table are (respectively):

• 5 points;
• 1 point for each activity, with a total of 2 points, mentioned in item 2 in Column 1 of the table.

If an applicant for repeat registration, except for an applicant who holds an Australian legal practising certificate at the time of application successfully completes any of the Category A activities mentioned in an item in Column 1 of the table in Schedule 1 to the instrument, that completed activity will be appointed a minimum of 5 CPD points. The Authority will recognise 5 points for successful completion of a mandatory activity mentioned in item 1 of Column 1 of the table under paragraph 7(1)(b) of the instrument (see item 1 of Column 2 of that table) if that mandatory activity is conducted for 5 hours.

Similarly, if an applicant for repeat registration, except for an applicant who holds an Australian legal practising certificate at the time of application successfully completes any of the Category A or B activities mentioned in an item in Column 1 of the table in Schedule 1 to the instrument, and where that activity relates to either one or more of the topics mentioned in paragraphs (a) or (b) of item 2 of Column 1 of the table under paragraph 7(1)(b) of the instrument (ethical standards for migration agents or the Code of Conduct), each completed activity will be appointed a minimum of 1 CPD point.

The instrument no longer provides for the closed ‘Practice Ready Program’ (see item 1 of the table under former subsection 7(1) of the repealed IMMI 17/047).

Section 8 – Application for approval as CPD provider

This section provides that for the purposes of paragraph 48(2)(b) of the Regulations, a fee of $1,240 is determined.

The fee of $1,240 to apply for approval as a CPD provider represents the cost to the Authority in receiving and assessing an application for approval as a CPD provider, requesting further information from the applicant, and approving or refusing the application.

Section 8 of the instrument replicates former section 8 of the repealed IMMI 17/047.

Section 9 – Specified CPD provider standards

This section provides that for the purposes of paragraph 52(1)(b) of the Regulations, the standards in Schedule 2 are specified under subsection 52(2) of the Regulations as the CPD provider standards.

Subsection 52(2) of the Regulations provides that the Minister may, by legislative instrument, specify standards to be complied with by CPD providers. The note under subsection 52(2) provides that the standards are specified for the purposes of paragraph 52(2)(1)(b) of the Regulations.

The CPD provider standards set out the minimum standards for the provision of CPD activities for registered migration agents and for the conduct of approved CPD providers. CPD providers who fail to comply with the CPD provider standards will be liable for cancellation of approval as a CPD provider.

Section 9 of the instrument replicates former section 9 of the repealed IMMI 17/047.

Part 3 – Application and transitional provisions

Section 10 – Application of this instrument

Subsection 10(1) of the instrument provides this instrument applies in relation to a relevant registration application (including an application for repeat registration) made on or after the commencement of this instrument (1 April 2026).

Subsection 10(2) of the instrument provides that this instrument applies in relation to a relevant application for approval as a CPD provider made on or after the commencement of this instrument.

The note under subsection 10(2) of the instrument refers the reader to section 62 of the Regulations, which provides that despite the repeal of the 1998 Regulations, regulations 3AA (instrument specifying matters relating to CPD activities), 6 (continuing professional development) and 6A (continuing professional development—lawyers who hold practising certificates) of these regulations, including any instruments made under these regulations (e.g. IMMI 17/047) continue to apply in relation to a registration application made before the commencement day, as if that repeal had not happened. In practice this means that the 1998 Regulations, including IMMI 17/047, apply to registration applications where the relevant application was made before the commencement of the instrument (1 April 2026) and the Authority has not made a decision in relation to that application prior to that date.

Section 11 – Specified evidence for certain repeat registration applicants—CPD activities commenced or successfully completed before or on 30 June 2026

This section provides for specified evidence for repeat registration applicants, where that applicant has commenced or successfully commenced those CPD activities on or after the commencement of the instrument (1 April 2026).

Subsection 11(1) of the instrument provides that for the purposes of the definition of CPD activity in section 4 and for section 31 of the Regulations, subsection 11(2) of the instrument applies in relation to an application by a person for repeat registration if:

• the person makes the application for repeat registration between 1 April 2026 and 31 March 2027; and
• the application for repeat registration made by the person is accompanied by evidence that:

• the person has successfully completed one or more of the CPD activities specified under subsection 11(2) of the instrument; and
• those CPD activities commenced or were completed on or before 30 June 2026.

The note under paragraph 11(1)(b)(ii) of the instrument refers the reader to subparagraph 31(2)(a) of the Regulations. Paragraph 31(2)(a) of the Regulations provides that the applicant completes CPD activities with at least 10 points.

Subsection 11(2) of the instrument provides that for the purposes of section 11 of the instrument, an application for repeat registration of a kind mentioned in subsection 11(1) of the instrument may be accompanied by evidence of the following:

• 1 CPD point, which shows successful completion of a CPD activity in one of the following topics:

• ethical standards for migration agents;
• the Code of Conduct;

• up to 5 CPD points, which shows successful completion of private study through an assessment for each CPD activity undertaken;
• more than 6 CPD points, which shows successful completion of each CPD activity undertaken online within a continuous 24 hour period.

The effect of this section of the instrument is that where a registered migration agent has commenced or successfully completed a specified CPD activity or activities before or on 30 June 2026, the CPD points awarded for those completed CPD activities may be recognised for the purposes of re-registration as a registered migration agent. The repeat registration applicant may provide evidence of the completion of those CPD activity or activities with their repeat registration application that is made in accordance with paragraphs 11(1)(a) and (b) of the instrument. This transitional arrangement will be in place for relevant repeat registration applications made between 1 April 2026 and 31 March 2027 (inclusive).

The intent of this section of the instrument is to not disadvantage repeat registration applicants who have commenced or successfully completed CPD points for the relevant specified CPD activity or activities for a transitional period until 30 June 2026.

Schedule 1—Specified matters relating to CPD activities

Schedule 1 to the instrument provides for the specified matters relating to CPD activities for the purposes of sections 6 and 7.

Schedule 2—Specified CPD provider standards

Schedule 2 to the instrument provides for the specified CPD provider standards for the purposes of section 9.

Schedule 3—Repeals

Item 1 of Schedule 3 repeals the Migration Agents (IMMI 17/047: CPD Activities, Approval of CPD Providers and CPD Provider Standards) Instrument 2017 in its entirety.