Migration Agents Registration Application Charge Regulations 2026

EXPLANATORY STATEMENT

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

Migration Agents Registration Application Charge Act 1997

Migration Agents Registration Application Charge Regulations 2026

The Migration Agents Registration Application Charge Regulations 2026 (the Regulations) repeal the previous Migration Agents Registration Application Charge Regulations 1998 (the 1998 Regulations) on 1 April 2026. The Regulations streamline, clarify and modernise the 1998 Regulations, ensuring that they are fit for purpose.

The Migration Agents Registration Application Charge Act 1997 (the Act) is an Act to impose a charge on applications by individuals for registration as a migration agent.

Section 8 of the Act provides that the Governor‑General may make regulations for the purposes of section 6 of that Act. Section 6 of the Act specifies that the amount of charge payable on an individual’s making of a registration application may be prescribed in the regulations.

Further details of authorising provisions are set out in Attachment A.

The matters dealt with in the Regulations are appropriate for implementation in regulations rather than by Parliamentary enactment. The Act expressly provides for the regulation of charges on applications by individuals for registration as migration agents, repeat registrants, with detailed provisions to be prescribed in regulations.

Providing for these details in delegated legislation rather than primary legislation gives the Government the ability to adjust the detailed regulation of migration agents and to respond quickly to any concerns that may emerge over time.

Background

On 27 February 2019, the then Attorney-General issued the Legislation (Migration Agents Instruments) Sunset-altering Declaration 2019 to allow a thematic review of the four sunsetting instruments (collectively known as the Migration Agents Instruments), which took the form of the Migration Agents Instrument Review in 2021.

Subsequently, on 15 February 2024 the former Attorney-General issued the Legislation (Deferral of Sunsetting—Migration Agents Instruments) Certificate 2024. This certificate deferred the sunsetting period for the Migration Agents Instruments for a further two years (from 1 April 2024 to 1 April 2026). This provided time for consideration of the broader Migration Agent legislative framework examined by the Rapid Review into the Exploitation of Australia’s Visa System (the Nixon Review).

The Migration Agents Instruments comprise of:

• Migration Agents Regulations 1998;
• Migration Agents Registration Application Charge Regulations 1998;
• Migration Agents (IMMI 17/047: CPD Activities, Approval of CPD Providers and CPD Provider Standards) Instrument 2017; and
• Migration (IMMI 18/003: Specified courses and exams for registration as a migration agent) Instrument 2018.

The Regulations aim to improve the clarity and readability, in line with the views of key stakeholders that were consulted extensively. In particular, the Regulations include provisions which:

• set out the charge payable when an individual lodges an application for registration as a migration agent or when an existing registered migration agent (RMA) lodges an application for repeat registration with the Migration Agents Registration Authority (MARA), in both commercial and non-commercial capacities (including New Zealand Licenced Immigration Advisors (NZLIA) registering as migration agents under the Trans-Tasman Mutual Recognition Arrangement); and
• align with the Australian Government Charging Framework (AGCF).

The Regulations are complementary to the regulatory framework of the MARA, ensuring that there is better oversight of charges applicable to registering migration agents and repeat registrants, and regulatory activities undertaken.

The Act specifies no conditions that need to be satisfied before the power to make the regulations may be exercised.

A Statement of Compatibility with Human Rights (the Statement) has been completed in accordance with the Human Rights (Parliamentary Scrutiny Act) 2011. The overall assessment is that the Regulations are 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. The Statement is at Attachment B.

Consultation

The Department of Home Affairs (the Department) consulted with the Department of Prime Minister and Cabinet and the Department of Finance regarding the then proposed repeal and remake of the 1998 Regulations. During consultation in late 2024 and the first half of 2025 the Department shared the proposed intent to amend the charge payable when an individual lodges an application for registration as a migration agent or when an existing RMA lodges an application for repeat registration with the MARA as part of the remaking process. Subsequent consultations between the above and below external stakeholders and the Department centred around this proposal.

For the majority of 2024, the Department worked with an external consultant to review the MARA’s regulatory activities and costs in detail. Following this, an updated draft charging schedule was formulated based on the actual cost of successfully delivering the MARA’s regulatory agenda.

In mid-2025 the Department undertook in-person consultation with migration advice industry peak bodies, the Migration Alliance (MA) and the Migration institute of Australia (MIA) (the peak bodies). Topics covered during these consultations included an introduction to the then proposed draft Regulations, the proposed amendments and an overview of the new proposed charge structure. Stakeholder feedback was mixed and was largely focused on the above proposed changes to the then current charge framework.

Following this consultation, it was determined that the proposed changes to the charge framework would be more appropriately considered by the Government as part of a future Budget process. Subsequently, it was decided to not proceed with the above proposed change to the then current charge framework as part of the proposed repeal and remake of the sunsetting instrument (the 1998 Regulations).

Engagement with the above peak bodies continued through to the end of 2025 and included a second round of in-person information sessions in late November 2025. A draft of the then proposed Regulations was provided to these external stakeholders during an exposure draft period from 3 – 17 December 2025, with no concerns noted.

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.

This consultation accords with subsection 17(1) of the Legislation Act 2003 (the Legislation Act).

Impact Analysis

The Office of Impact Analysis (OIA) has been consulted in relation to the regulatory impact of the Regulations. The OIA advised that the Department was able to self-assess and certify these Regulations as operating effectively and efficiently, in lieu of an Impact Analysis, for remaking the Migration Agents Regulations 1998 with only minor amendments. That certification letter and process will be published on the OIA’s website, consistent with the Government’s requirements for Sunsetting Legislative Instruments.

Details and operation

The Regulations commence on 1 April 2026.

Further details of the Regulations are set out in Attachment C.

The Regulations are a legislative instrument for the purposes of the Legislation Act.

ATTACHMENT A

AUTHORISING PROVISIONS

Section 8 of the Migration Agents Registration Application Charge Act 1997 (the Act) provides that the Governor‑General may make regulations for the purposes of section 6 of that Act.

In addition, the following provisions of the Act may also be relevant:

• subsection 6(1) of the Act, which provides that the amount of charge payable on an individual’s making of a registration application is the amount prescribed by the regulations for an individual of that kind;
• subsection 6(2) of the Act, which provides that the regulations may prescribe different amounts (including nil amounts) for different kinds of individuals making registration applications; and
• subsection 6(3) of the Act, which provides that the regulations must not prescribe an amount more than the charge limit for the registration application.
• section 13 of the Act, which provides that the Governor-General may make regulations for the purposes of Part 3 of that Act.

ATTACHMENT B

Statement of Compatibility with Human Rights

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

The Migration Agents Registration Application Charge Regulations 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

The Migration Agents Registration Application Charge Regulations 2026 (the Regulations) will repeal the previous Migration Agents Registration Application Charge Regulations 1998 (the 1998 Regulations) on 1 April 2026.

Section 8 of the Migration Agents Registration Application Charge Act 1997 (the Charge Act) provides that the Governor‑General may make regulations for the purposes of section 6 of that Act. Section 6 of the Charge Act provides for the amount of charge payable on an individual’s making of a registration application to be prescribed in the regulations.

The Regulations set out the charge payable when an individual makes an application for registration as a migration agent, or when an existing registered migration agent (an RMA) applies for repeat registration with the Migration Agents Registration Authority (the Authority), in both commercial and non-commercial capacities.

Additionally, the Regulations set out the charge payable when a New Zealand Licensed Immigration Advisor registers as a migration agent with the Authority under the Trans-Tasman Mutual Recognition Arrangement.

The Regulations detail the delineation between commercial and non-commercial registration applications, and define eligibility requirements for each of the registration charge categories.

The Regulations set out the amount of the general charge for a commercial registration application or a repeat registration application. An applicant must pay the default relevant amount of the general charge unless the applicant can satisfy the following requirements in relation to the relevant non-commercial application charge:

-          they will be providing immigration assistance on a non-commercial or non-profit basis; and

-          they will do so as a member of or in association with a non-commercial organisation.

The Charge Act, in conjunction with the Regulations, make it clear that a non-commercial/ non-profit organisation must be a charity, as defined by Part 2 of the Charities Act 2013, or otherwise be operating to the benefit of the community (see section 3 of the Charge Act).

The 1998 Regulations are one of four legislative instruments that govern the migration advice industry, and those Regulations including the 1998 Regulations, sunset on 1 April 2026 in accordance with section 50 of the Legislation Act 2003 (the Legislation Act).

By way of background, on 27 February 2019, the then Attorney-General issued the Legislation (Migration Agents Instruments) Sunset-altering Declaration 2019 to allow a thematic review of the four sunsetting instruments (collectively known as the Migration Agents Instruments), which took the form of the Migration Agents Instrument Review in 2021 (the MAIR 2021).

Subsequently, on 15 February 2024, the former Attorney-General issued the Legislation (Deferral of Sunsetting—Migration Agents Instruments) Certificate 2024. This certificate deferred the sunsetting period for the Migration Agents Instruments for a further two years (from 1 April 2024 to 1 April 2026). This provided time for consideration of the broader Migration Agent legislative framework examined by the Rapid Review into the Exploitation of Australia’s Visa System (the Nixon Review).

In additional to the 1998 Regulations, the three other instruments included in the Migration Agents Instruments include:

• Migration Agents (IMMI 17/047: CPD Activities, Approval of CPD Providers and CPD Provider Standards) Instrument 2017;
• Migration Agents Regulations 1998; and
• Migration (IMMI 18/003: Specified courses and exams for registration as a migration agent) Instrument 2018.

The Department of Home Affairs has undertaken substantial consultation related to the remaking of the Migration Agents Instruments with the Department of the Prime Minister and Cabinet, the Department of Finance and the peak bodies for the migration advice industry including the Migration Institute Australia and Migration Alliance in accordance with the consultation requirements of the Legislation Act.

The policy intention is a fit for purpose and legislatively clear regulatory document that outlines the charges that must be paid by prospective and repeat migration agents in both commercial and non-commercial capacities.

Human rights implications

This Disallowable Legislative Instrument has been considered in relation to the right to work in Article 6(1) of the International Covenant on Economic, Social and Cultural Rights (ICESCR)

Article 6(1) of the ICESCR provides that: 

The States Parties to the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right. 

The right to work does not equate to a guarantee to particular employment. As the Parliamentary Joint Committee on Human Rights notes in its Guide to Human Rights, the right to work: 

… is not to be understood as providing an unconditional right to obtain employment or for the state to provide everyone with employment; rather it is a right to choose an occupation and engage in work. It applies to all types of work, both in the public and private sectors, and to the formal and informal labour market.

The United Nations Committee on Economic Social and Cultural Rights (the UN Committee) recognises that the right to work in Article 6 does not equate to a guarantee of full employment. The UN Committee recognises the existence of international factors beyond the control of countries, which may hinder the full employment of the right to work in many countries (for example, transnational, serious and organised crime). The UN Committee has stated that the right to work affirms the obligation of States parties to assure individuals their right to freely chosen or accepted work, including the right not to be deprived of work unfairly.

This Disallowable Legislative Instrument does not engage human rights. The amendments outline the charges that must be paid by prospective and repeat migration agents in both commercial and non-commercial capacities and reduce the accessibility for individuals seeking to work as an RMA by requiring that they pay charges to obtain or maintain registration as an RMA, they do not unduly limit an individual’s ability to pursue work as an RMA nor unduly limit any rights that allow an individual to pursue other work options. 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 registration charges 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. A non-commercial registration application charge is also provided for eligible applicants.

Conclusion

This Disallowable Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

The Hon Julian Hill MP

Assistant Minister for Citizenship, Customs and Multicultural Affairs

ATTACHMENT C

Details of the Migration Agents Registration Application Charge Regulations 2026

Part 1 – Preliminary

Section 1 – Name

This section provides that the title of the Regulations is the Migration Agents Registration Application Charge Regulations 2026 (the Regulations).

Section 2 – Commencement

This section provides for the Regulations to commence on 1 April 2026.

Section 3 – Authority

This section provides that the Regulations are made under the Migration Agents Registration Application Charge Act 1997 (the Act).

Section 4 – Schedules

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

Section 5 – Definitions

This section provides for the definitions in the Regulations.

The note in this section provides that the following expressions used in the Regulations are defined in the Act, including the following:

• general charge;
• non-commercial application charge;
• non-commercial basis;
• registered migration agent;
• registration application.

These terms are defined in section 3 of the Act as follows:

• general charge means an amount of charge imposed by Part 2 of the Act that is prescribed by regulation, for the purposes of section 6, as the general charge.
• non-commercial application charge means an amount of charge imposed by Part 2 that is prescribed by regulation, for the purposes of section 6, as the non-commercial application charge.
• non‑commercial basis means a registered migration agent gives immigration assistance on a non‑commercial basis if the assistance is given solely:

• on a non‑commercial or non‑profit basis; and
• as a member of, or a person associated with, an organisation that operates in Australia solely:

• on a non‑commercial or non‑profit basis; and
• as a charity, or for the benefit of the Australian community.

Note: Charity has the meaning given by Part 2 of the Charities Act 2013 (see section 2B of the Acts Interpretation Act 1901).

• registered migration agent has the same meaning as in Part 3 of the Migration Act 1958 (the Migration Act).
• registration application has the same meaning as in Part 3 of the Migration Act.

This section of the Regulations provides that in this instrument:

• Act means the Migration Agents Registration Application Charge Act 1997.
• repeat registration has the same meaning as in the Migration Agents Regulations 2026.

This section of the Regulations has been remade in substantially the same form as the former regulation 3 of the Migration Agents Registration Application Charge Regulations 1998 (the 1998 Regulations) (see Item 1 of Schedule 1 to the Regulations), with the addition of a note under the title ‘5 Definitions’. The intent of this note is to draw the reader’s attention to the relevant terms used throughout these Regulations as defined within the relevant provisions of the Migration Agents Registration Application Charge Act 1997 (the Act).

Part 2—General Charge and non-commercial application charge

Section 6 – Amount of general charge

This section of the Regulations imposes a charge on an individual who makes an application for registration as a migration agent for the first time or as a repeat registrant.

Subsection 6(1) of the Regulations provides that section 6 applies to an individual making a registration application unless section 7 applies to the individual.

Subsection 6(2) of the Regulations provides that for the purposes of section 6 of the Act, the amount of general charge payable is as follows:

• the amount of general charge payable on the making of an application for registration, other than repeat registration, is $1,760;
• the amount of general charge payable on the making of an application for repeat registration is $1,595.

Section 6 of the Act provides that:

• The amount of charge payable on an individual’s making of a registration application is the amount prescribed by the regulations for an individual of that kind.
• The regulations may prescribe different amounts (including nil amounts) for different kinds of individuals making registration applications.
• The regulations must not prescribe an amount more than the charge limit for the registration application.

This section of the Regulations has been remade in substantially the same form as the former regulation 4 of the 1998 Regulations.

Section 7 – Amount of non-commercial application charge

This section of the Regulations provides for amounts payable by an individual making a registration application to enable them to provide immigration assistance on a non-commercial basis.

Subsection 7(1) of the Regulations provides that section 7 applies to an individual making a registration application who intends to provide immigration assistance on a non-commercial basis.

The term ‘immigration assistance’ is defined in section 275 of the Migration Act.

Subsection 7(2) provides that for the purposes of section 6 of the Act, the amount of non-commercial application charge payable is as follows:

• the amount of non‑commercial application charge payable on the making of an application for registration, other than repeat registration, is $160;
• the amount of non‑commercial application charge payable on the making of an application for repeat registration is $105.

This section of the Regulations has been remade in substantially the same form as the former regulation 5 of the 1998 Regulations, with the addition of ‘making a registration application’ to subsection 7(1). The intent of this addition is to clarify the amounts payable by an individual making a registration application (as defined in section 3 of the Act) to enable them to provide immigration assistance on a non-commercial basis.

The purpose of the Regulations is to set the commercial registration application fee as the default fee payable by an applicant for registration as a migration agent or repeat registration. A non-commercial charge is to be applicable only where it is clear that the applicant meets all eligibility requirements to pay the non-commercial registration or repeat registration application fee.

Sections 6 and 7 of the Regulations give effect to the policy intent that all applicants must pay the commercial registration application fee, unless they meet both of the following elements:

• they will be providing immigration assistance on a non-commercial or non-profit basis, and
• they will do so as a member of or in association with a non-commercial organisation.

Both the Act and the Regulations make it clear that a non-commercial/ non-profit organisation must be a charity, as defined by Part 2 of the Charities Act 2013, or otherwise be operating to the benefit of the community (see section 3 of the Act).

Part 3—Charge on basis of status of migration agent

Section 8 – Working out amount of charge

This section of the Regulations provides for when a registered migration agent begins to give immigration assistance otherwise than on a non-commercial basis.

This section of the Regulations provides that for the purposes of the definition of begins in section 3 of the Act, and paragraph (a) of the definition of remaining period in subsection 12(1) of the Act, the first day in the current period of a registered migration agent’s registration on which the agent begins to give immigration assistance otherwise than on a non-commercial basis is the earliest of the following days:

• the first day in the period on which the agent gives a client an estimate of fees before starting work on behalf of the client;
• the first day in the period on which the agent charges a client a fee for services provided;
• the first day in the period on which the agent is (or becomes) a person associated with, or a member of, an organisation that gives immigration assistance on a commercial, or for profit, basis;
• the first day in the period on which the agent is not (or is no longer) giving immigration assistance as a member of, or a person associated with, an organisation that operates in Australia solely:

• on a non-commercial or non-profit basis; and
• as a charity, or for the benefit of the Australian community.

The note under paragraph 8(d)(ii) clarifies that the term ‘charity’ has the meaning given by Part 2 of the Charities Act 2013 (see section 2B of the Acts Interpretation Act 1901).

Section 3 of the Act defines the following terms:

• begins a registered migration agent begins to give immigration assistance otherwise than on a non‑commercial basis on a day worked out in accordance with regulations made for the purposes of this definition.
• immigration assistance has the same meaning as in Part 3 of the Migration Act.

Subsection 12(1) of the Act defines the term remaining period to mean the period that:

• starts on the first day in the agent’s current period of the registration on which the agent begins to give immigration assistance otherwise than on a non‑commercial basis; and
• ends on the last day of the agent’s current period of registration.

Section 10 of the Act provides that a charge is imposed in respect of a registered migration agent:

• who paid the non‑commercial application charge in relation to the agent’s current period of registration; and
• who, during that period, begins to give immigration assistance otherwise than on a non‑commercial basis.

Paragraph 312(1)(ea) of the Migration Act provides that a registered migration agent must notify the MARA in writing within 14 days after the agent paid the non‑commercial application charge in relation to the agent’s current period of registration—the agent begins to give immigration assistance otherwise than on a non‑commercial basis during that period.

This section of the Regulations has been remade in substantially the same form as the former regulation 6 of the 1998 Regulations, with the addition of ‘giving immigration assistance as’ to paragraph 8(d) of these Regulations.

Consistent with the Act, this section of the Regulations makes it clear that the default position is for the applicant to pay the general application charge, unless they are giving immigration assistance on a non-commercial basis.

Below are some examples to demonstrate the application of this section of the Regulations:

Example 1

• Janine has secured her first job as a migration agent with a non-commercial or a not-for-profit organisation (referred to as ‘the charity’). For the purposes of this example, this organisation is a ‘charity’ as defined in Part 2 of the Charities Act 2013.
• Janine makes an application to be registered with the MARA (see subsection 288(1) of the Migration Act). As part of her registration application as a migration agent who intends to provide immigration assistance on a non-commercial basis with the MARA, Janine presents copies of her job description and her employment contract with the charity.
• Janine is required to pay a registration application fee (see section 275 of the Migration Act) at the time she lodges her registration application with the MARA (see subsection 288(5) of the Migration Act).
• The MARA is satisfied that Janine will be working solely on a non‑commercial basis. Janine is registered as a non-commercial registered migration agent (RMA) in the Register. Accordingly, Janine was required to pay the non-commercial application charge of $160 in accordance with paragraph 7(2)(a) of the Regulations for the purposes of section 6 of the Act.
• After 6 months in this role Janine decides to resign from the charity.
• In accordance with paragraph 8(d) of the Regulations, because Janine is no longer associated with a charity and not working in a non-commercial basis, she is by default considered as having begun to give immigration assistance otherwise than on a non-commercial basis the day after she ceases working for the employer. If Janine were to begin working on a commercial basis the day after her last day with the above charity, she would be required to notify the MARA of this event within 14 days of that day (see paragraph 312(1)(ea) of the Migration Act). She would also have to pay an adjusted charge to the MARA for the remaining period of her current registration period (see sections 11 and 12 of the Act).
• However, if Janine decided to cease giving immigration assistance in a non-commercial basis and is not going to work as an RMA on a commercial basis (nor on a non-commercial basis), Janine would not have to notify the MARA nor pay the adjusted charge on her current registration period.

Example 2

• Jones is a registered RMA who provides immigration assistance on a commercial basis for a small migration advice business.
• After 6 months, Jones realised she is passionate about providing migration advice in the not-for-profit sector. She resigns from her current role and commences working for a small not-for-profit charity organisation that provides immigration assistance.
• Jones was originally registered as an RMA who gives immigration assistance on a commercial basis, and now she gives immigration assistance on a non-commercial basis. She is not required to advise the MARA of this change because an RMA who is registered on a commercial basis can undertake non-commercial work as part of their commercial registration.
• Jones is not entitled to a refund of the difference between the general charge that she had paid for and the relevant non-commercial application charge during her current registration period.
• Jones remains a commercial agent on the Register until the end of her current registration period. If she continues to work for her current employer (the charity) then she would be required to make a repeat registration application and would be eligible to pay the non-commercial application charge.

Example 3

• Cleo has secured her first job as a migration agent with a non-commercial or a not-for-profit organisation.
• Cleo makes an application to be registered with the MARA. As part of her registration application as a migration agent who intends to provide immigration assistance on a non-commercial basis with the MARA, Cleo presents copies of her job description and her contract with the charity.
• Cleo is required to pay a registration application fee at the time she lodges her registration application with the MARA.
• The MARA is satisfied that Cleo will be working solely on a non‑commercial basis. Cleo is registered as a non-commercial RMA in the Register. Accordingly, Cleo was required to pay the non-commercial application charge of $160 in accordance with paragraph 7(2)(a) of the Regulations for the purposes of section 6 of the Act.
• After 6 months of non-commercial work Cleo realises she needs to earn more money. She resigns from her job with the charity and accepts a role as an RMA in a migration advice business.
• Cleo notifies the MARA of the change in her circumstances within the 14 day period in accordance with paragraph 312(1)(ea) of the Migration Act. Cleo is required to pay an adjusted charge.
• The MARA works out the amount of charge that Cleo is liable to pay in accordance with paragraph 8(d) of the Regulations and section 12 of the Act. The MARA would then provide the relevant amount of the charge to Cleo so she can pay for it. For the remainder of her current registration period Cleo is registered as an RMA on a commercial basis, once she has paid the adjusted charge.

Part 4—Transitional provision

Section 9 – Transitional provision for the commencement of this instrument

Subsection 9(1) of the Regulations provides that this section applies in relation to a registered migration agent who paid the non‑commercial application charge in relation to a current period of registration that includes the day section 9 of the Regulations commences (1 April 2026).

Subsection 9(2) provides that despite the repeal of the 1998 Regulations, that instrument continues to apply in relation to the registered migration agent for the purposes of Part 3 of the Act, as if that repeal had not happened, until the end of the current period of the registered migration agent’s registration.

The effect of this section of the Regulations is that the 1998 Regulations will continue to apply to a registered migration agent who paid the non-commercial application charge in relation to a current period of registration, before 1 April 2026. The 1998 Regulations will apply until the end of the current period of the migration agent’s registration.

The intention is to ensure that agents who make a registration application on or after 1 April 2026 and who are registered on a non‑commercial basis should only be able to provide immigration assistance on a non-commercial basis. If the agent gives immigration assistance otherwise than on a non-commercial basis at any time during their current registration period, the agent is liable to pay an adjusted charge under section 10 of the Act.

Schedule 1 – Repeals

Migration Agents Registration Application Charge Regulations 1998

Item 1 of Schedule 1 to the Regulations repeals the Migration Agents Registration Application Charge Regulations 1998 in its entirety.