Migration Agents Regulations 2026

EXPLANATORY STATEMENT

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

Migration Act 1958

The Migration Act 1958 (the Migration Act) is an Act relating to the entry into, and presence in, Australia of aliens, and the departure or deportation from Australia of aliens and certain other persons.

Subsection 504(1) of the Migration Act provides that the Governor-General may make regulations, not inconsistent with the Migration Act, prescribing matters required or permitted to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to the Migration Act.

Purpose

The Migration Agents Regulations 2026 (the Regulations) replace the former Migration Agents Regulations 1998 (the 1998 Regulations) ahead of those Regulations sunset date (1 April 2026). The 1998 Regulations have been repealed by the relevant provision within the Migration Legislation (Migration Agents) (Repeal and Consequential Amendments) Regulations 2026.The Regulations streamline, clarify and modernise the 1998 Regulations, ensuring that they are fit for purpose.

The Regulations will have improved clarity and readability, and make some minor changes to improve efficiency and effectiveness of the 1998 Regulations, in line with the views received following extensive consultations with key stakeholders. The Regulations include provisions (amongst others) which:

outline employer and employee definitions;
refine the definition of assistance given by close family members;
define information requirements for the Register of Migration Agents;
prescribe the continuing professional development requirements a registered migration agent (RMA) must complete to enable reregistration application; and
prescribe the minimum requirements for Professional Indemnity Insurance.

Background

On 27 February 2019, the former Attorney-General issued a declaration, 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 a certificate, the Legislation (Deferral of Sunsetting—Migration Agents Instruments) Certificate 2024. This certificate deferred the sunsetting period for the Migration Agents Instruments for a further period of 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 are complementary to the regulatory framework of the Migration Agents Registration Authority (MARA), ensuring that there is better oversight.

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

The matters dealt with in the Regulations are appropriate for implementation in regulations rather than by Parliamentary enactment. The Migration Act expressly provides for the regulation of the giving of immigration assistance by registered migration agents among other things, with detailed provisions prescribed in regulations as noted in the authorising provisions listed below. In particular, subsection 276(4) of the Migration Act provides that a person also does not give immigration assistance in the circumstances prescribed by the regulations.

Providing for these details to be 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.

Further details of authorising provisions are outlined in Attachment A.

The 1998 Regulations had been in place since 1998. Providing for these details to be 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.

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 2011The Statement is at Attachment B.

Consultation

The Regulations were developed following extensive consultation with stakeholders in accordance with section 17 of the Legislation Act 2003 (the Legislation Act).

The Department of Home Affairs (the Department) was satisfied that appropriate consultation was completed prior to the Regulations being made. 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.

The Department undertook targeted consultation with the parties most directly affected by the proposed measures. These were the Migration Alliance (MA) and the Migration Institute of Australia (MIA) (industry peak bodies). Consultation methods included face-to-face meetings, online meetings and direct engagement with the industry peak bodies representing registered migration agents. These consultations covered the key policy measures in the Regulations.

Between May and December 2025, the Department held seven formal meetings to consult with the industry peak bodies representing registered migration agents (the MA and the MIA), a specialist insurance broker and a capstone training provider. An exposure draft was released to these industry peak bodies in December 2025, seeking written responses. Neither peak body raised any material concerns with the then proposed draft Regulations.

Throughout the exposure draft process, stakeholders were broadly supportive of the measures in the draft Regulations. The Department responded to the limited issues raised by stakeholders on specific policy measures by adopting alternative approaches or electing not to pursue those measures in these Regulations at this time.

Within the Government, the Department engaged with the Department of Prime Minister and Cabinet and the Attorney-General’s Department. This consultation accords with subsection 17(1) of 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

Subsection 504(1) of the Migration Act 1958 (the Migration Act) relevantly provides that the Governor‑General may make regulations prescribing matters required or permitted to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to the Migration Act.

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

Subsection 276(4) of the Migration Act provides that a person also does not give immigration assistance in the circumstances prescribed by the regulations.
Subsection 278(2) of the Migration Act provides that for the purposes of Part 3 of that Act; an individual is also related by employment to another individual in any other prescribed circumstance.
Subsection 282(5) of the Migration Act provides that a person does not make immigration representations in the circumstances prescribed by the regulations.
Paragraph 287(2)(i) of the Migration Act provides that the Register is to show in respect of each registered migration agent particulars of any other prescribed matter.
Subsection 287(3A) of the Migration Act provides that the Authority may publish, in the prescribed way, a list of the names of former registered migration agents, their former migration agent registration numbers and the date they ceased to be registered. The Authority must remove a person's details from the list at the end of the prescribed period
Subsection 287(6) of the Migration Act provides that the Authority must remove the details within the period worked out in accordance with the regulations.
Subsection 287(7) of the Migration Act provides that the regulations may prescribe different periods in relation to details about suspensions or cautions.
Subsection 288(2) of the Migration Act provides that the individual must satisfy 1 of 2 publishing options set out in section 288A, unless the individual has been registered at sometime within the period, immediately before making the application, that is prescribed for the purposes of subsection 288(2) of that Act.
Subsection 288(4) of the Migration Act provides that the day on which a registration application is taken to have been made is the day worked out in accordance with the regulations.
Subsection 288A(2) of the Migration Act provides that the first option is for the individual to publish in the prescribed way a notice:

stating his or her intention to apply for registration (paragraph 288A(2)(a)); and
stating that anyone may give the Migration Agents Registration Authority a written objection to his or her registration within the period of 30 days after publication of the notice (or 30 days after the day on which the notice is last published, if it must be published more than once) (paragraph 288A(2)(b)).

Subsection 288A(3) of the Migration Act provides that the second option is for the individual and one or more other individuals, who are all employees of the same employer and who all intend to apply for registration, to publish in the prescribed way a single notice:

stating their intention to apply for registration (paragraph 288A(3)(a)); and
stating that anyone may give the Migration Agents Registration Authority a written objection to registration of any one or more of them within the period of 30 days after publication of the notice (or 30 days after the day on which the notice is last published, if it must be published more than once) (paragraph 288A(3)(b)).

Paragraph 288B(2)(a) of the Migration Act provides that appearing before the Authority, at a time and place stated in the notice (or at another time or place fixed under subsection 288B(5) of that Act), and providing such information, with any specified documents, at such an appearance.
Subsection 289A(1) of the Migration Act provides that section of that Act applies to an applicant:

who has never been registered (paragraph 289A(1)(a)); or
whose registration application is made after the end of a period, prescribed for the purposes of this paragraph 289A(1)(b) of that Act, immediately after the end of the applicant’s most recent period of registration (paragraph 289A(1)(b)).

Subsection 289A(2) of the Migration Act provides that the applicant must not be registered unless the Migration Agents Registration Authority is satisfied that the applicant has:

completed a course prescribed for the purposes of paragraph 289A(2)(a) of that Act; and
passed an examination, prescribed for the purposes of paragraph 289A(2)(b) of that Act, within a prescribed period before the date of the registration application.

Section 290A of the Migration Act provides that:

This section applies in relation to an applicant who has been registered at sometime within the period, immediately before making the registration application, that is prescribed for the purposes of subsection 290A(1) of that Act.
The applicant must not be registered if the Migration Agents Registration Authority is satisfied that the applicant has not met, within the period prescribed for the purposes of subsection 290A(2) of that Act, the prescribed requirements for continuing professional development of registered migration agents.

Subsection 292B(1) of the Migration Act provides that an applicant must not be registered unless the Migration Agents Registration Authority is satisfied that he or she has professional indemnity insurance of a kind prescribed by the regulations.
Paragraph 305A(1)(a) of the Migration Act provides that if a registered migration agent is given notice of a decision under section 303 of that Act, then the Migration Agents Registration Authority must as soon as possible make available in the prescribed way a statement that sets out the decision and specifies the grounds for the decision.
Subsection 305C(2) of the Migration act provides that the Authority may, by written notice given to the agent, require him or her to provide the Authority with prescribed information or prescribed documents within the specified period and in the specified manner.
Section 306AA of the Migration Act provides that if the Administrative Review Tribunal (ART) or a court orders a stay of a decision under section 303 of that Act to cancel or suspend a registered migration agent’s registration, it is taken to be a condition of the order that the prescribed supervisory requirements apply in relation to the agent during the period of the order.
Paragraph 311C(1)(a) of the Migration Act provides that if a former registered migration agent is given notice of a decision under section 311A of that Act, then the Migration Agents Registration Authority must as soon as possible make available in the prescribed way a statement that sets out the decision and specifies the grounds for the decision.
Subsection 311EA(2) of the Migration Act provides that the Authority may, by written notice given to the former agent, require him or her to provide the Authority with prescribed information or prescribed documents within the specified period and in the specified manner.
Section 312A of the Migration Act provides that if:

A registered migration agent gives immigration assistance to a visa applicant in relation to the visa application; and (subsection 312A(1)(a)).
The agent gives the assistance after having agreed to represent the applicant; the agent must notify the Department in accordance with the regulations and within the period worked out in accordance with the regulations (subsection 312A(1)(b)).

Subsection 312B(1) of the Migration Act provides that if:

a registered migration agent gives immigration assistance to a person in respect of a review application made by the person (paragraph 312B(1)(a)); and
the agent gives the assistance after having agreed to represent the person (paragraph 312B(1)(b));

the agent must notify the ART in accordance with the regulations and within the period worked out in accordance with the regulations.

Paragraph 313(3)(c) of the Migration Act provides that an assisted person may recover the amount of a payment as a debt due to him or her if he or she does not receive a statement of services within the period worked out in accordance with the regulations.
Section 321A of the Migration Act provides that:

The Migration Agents Registration Authority may disclose personal information about a registered migration agent, or an inactive migration agent, to any of the following (the recipient) (subsection 321A(1)):

the Secretary or an authorised officer (paragraph 321A(1)(a));
the ART (paragraph 321A(1)(b)).

However, the Authority may do so only in the prescribed circumstances (subsection 321A(2)).
The regulations may prescribe circumstances in which the recipient may use or disclose personal information disclosed under subsection 321A(1) (subsection 321A(3)).

Section 332C of the Migration Act provides that:

The Migration Agents Registration Authority must remove any of the following details that are made available by electronic means under Part 3 of that Act (subsection 332C(1)):

any statement relating to the cancellation or suspension of a registered migration agent's registration (paragraph 332C(1)(a));
any statement about the cautioning of such an agent (paragraph 332C(1)(b)).

The Authority must remove the details within the period worked out in accordance with the regulations (subsection 332C(2)).
The regulations may prescribe different periods in relation to details about cancellations, suspensions or cautions (subsection 332C(3)).

Subsection 332D(2) of the Migration Act provides that The Authority must remove the statement within the period worked out in accordance with the regulations.
Section 332F of the Migration Act provides that:

The Secretary may disclose personal information about a registered migration agent, or an inactive migration agent, to the ART (subsection 332F(1)).
However, the Secretary may do so only in the prescribed circumstances (subsection 332F(2)).
The regulations may prescribe circumstances in which the ART may use or disclose personal information disclosed under subsection 332F(1) of that Act (subsection 332F(3)).

Section 332G of the Migration Act provides that:

The ART may disclose personal information about a registered migration agent, or an inactive migration agent, to the Secretary or an authorised officer (subsection 332G(1)).
However, the ART may do so only in the prescribed circumstances (subsection 332G(2)).
The regulations may prescribe circumstances in which the Secretary or authorised officer may use or disclose personal information disclosed under subsection 332G(1) (subsection 332G(3)).

ATTACHMENT B

Statement of Compatibility with Human Rights

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

Migration Agents 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

This Disallowable Legislative Instrument remakes and replaces the Migration Agents Regulations 1998 (the 1998 Regulations) which is due to sunset on 1 April 2026 under Part 4, Chapter 3 of the Legislation Act 2003 (Cth).

The Migration Agents Regulations 2026 (the Regulations) are the principal piece of subordinate legislation made under the Migration Act 1958 (Cth) (Migration Act), enabling the regulation of registered migration agents (RMAs) in Australia. The Regulations have been developed following consultation with key stakeholders including the industry regulator; the Migration Agents Registration Authority (the Authority or MARA) and immigration assistance industry peak bodies. These stakeholders have given broad support for the repeal and remake of the 1998 Regulations, with only minor changes to improve efficiency and effectiveness of these regulations.

The Regulations prescribe details to give effect to the regulatory framework established by Part 3 of the Migration Act for the provision of immigration assistance in Australia.

Outline of provisions

Part 1 of the Regulations provides for preliminary provisions such as definitions (section 4) and an instrument specifying matters relating to Continuing Professional Development (CPD) activities (section 5).

Part 2, Division 1 of the Regulations outlines the circumstances where a person’s assistance to a migrating employee does not amount to ‘immigration assistance’ under the Migration Act. This in turn means the assistance does not attract the regulatory framework under the Migration Act and the Regulations. In particular, it provides that employers and prospective employers of migrating employees and other employees of the employer, who are not RMAs, are able to provide immigration-related assistance to their migrating employees or prospective employees, or make immigration representations on their behalf, under subsections 276(4) or 282(5) of the Migration Act, without being liable for penalties under the Migration Act for providing immigration assistance or making immigration representations while not registered as a migration agent.

Part 2, Division 2 of the Regulations relates to immigration assistance given by persons other than RMAs or immigration assistance given by employers (or prospective employers). Section 10 specifies the types of relationships which must exist between a person and a ‘close family member’ for that family member to be able to provide the person with immigration assistance without being required to be an RMA. A ‘close family member’ includes the spouse or de facto partner of the person; or a child, parent or sibling of the person; or a step-child or step-sibling of the person; and persons for whom relevant parenting orders are in force under the Family Law Act 1975 (Cth) or who hold guardianship or custody (whether jointly or otherwise) of a person under an Australian law or a law in force in a foreign country.

Part 2, Division 3 of the Regulations provides for an infringement notice framework which enables a person facing prosecution for an immigration assistance offence, an opportunity to pay a penalty to the Commonwealth as an alternative to facing prosecution (section 11). The remaining sections in this Division set out the administrative arrangements relating to the infringement notice framework, including appointment of infringement officers (section 12), when can a infringement notice be served (section 13), what must an infringement notice contain (section 14).

Part 3 of the Regulations provides for the regulation of RMAs and includes the following:

Section 22 sets out the circumstances in which a person is ‘related by employment’ to another person for the purposes of subsection 278(2) of the Migration Act. Compared to the 1998 Regulations (see former regulation 3U), subsection 22(4) provides that ‘employee’ includes a person engaged as a consultant or as an independent contractor. The effect of section 22 is to expand the types of relationships to prevent migration agents who have been barred, suspended or had their registration cancelled, from using these employment or commercial arrangements to continue being involved in the business of providing immigration assistance while disciplinary measures are in effect. This ensures that the protective purpose of disciplinary sanctions under the Migration Act is not undermined through alternative employment structures, thereby maintaining the integrity of the disciplinary framework that protects those seeking immigration assistance.

Section 23 sets out information to be included by MARA on the Register of Migration Agents (the Register). Compared to the 1998 Regulations, paragraph 23(e) clarifies that such information includes a RMA’s association with each business mentioned in paragraph 287(2)(b) of the Migration Act, whether or not the business is in Australia. Section 24 prescribes the way in which the names of former registered migration agents are to be published and the period for publication. This ensures that information about former RMAs who have recently ceased to be registered is publicly available and is intended to reduce the risk that consumers may unintentionally retain the services of an unregistered RMA and potentially be exposed to unprofessional conduct. Section 25 prescribes the time limit of 14 days (after the suspension or the caution ceases), for removal of disciplinary details from the Register.

Section 26 has the effect of requiring an individual seeking registration as an RMA who has not held registration in the previous three years, to publish a notice of intention to apply for registration. Section 27 sets out the time and manner in which an application for registration as an RMA is taken to have been made. Compared to the 1998 Regulations, sections 26 and 27 of the Regulations do not provide for a person to give the application by hand to a person employed by MARA at the MARA’s office.

Section 28 provides for the publication of a notice of intention to apply for registration as an RMA on MARA’s website for a total of at least 30 days and sets out the required contents of the notice. Compared to the 1998 Regulations, an individual who does not intend to work as an employee is no longer required to publish the business address at which they intend to practise as an RMA. The purpose of publishing this information on the Authority’s website is to enable members of the community to object to that individual’s or individuals’ intent to be registered as a migration agent through providing a written objection to the MARA within 30 days of the relevant notice being published.

Section 29 prescribes the time period of 28 days within which an applicant for registration as an RMA may be required to provide further information in relation to their application. Regulation 30 sets out prescribed qualifications for registration as an RMA and provides that the Minister may specify related matters by legislative instrument.

Section 31 sets out the CPD requirements for an applicant seeking registration as an RMA and section 32 provides that these CPD requirements do not apply to an applicant for registration who is a restricted legal practitioner. A restricted legal practitioner must satisfy the continuing professional development requirements of the relevant legal professional association. Under section 275 of the Migration Act, a ‘restricted legal practitioner’ is defined as an Australian legal practitioner with a restricted practising certificate.

Section 33 prescribes the professional indemnity insurance requirement for RMAs for the purposes of subsection 292B(1) of the Migration Act.

Section 34 provides that a non-citizen holding a permanent visa is an Australian permanent resident for the purposes of eligibility to be registered as an RMA, under paragraph 294(1)(b) of the Migration Act

Section 35 requires a statement about a caution or a cancellation or suspension of registration to be published on the Authority’s website, and sets the time periods within which such statements must be removed from the website.

Section 36 prescribes for the purposes of subsection 305C(2) of the Migration Act, the information or documents that an RMA may be required to provide to the Authority.

Section 37 prescribes the supervisory requirements for the purposes of section 306AA of the Migration Act for an RMA who benefits from an order of the Administrative Review Tribunal (ART), or a court, to stay a decision to cancel or suspend the RMA’s registration.

Section 38 sets out, for the purposes of paragraph 311C(1)(a) of the Migration Act, the way in which the Authority must publish a statement about barring a former RMA from registration and specifies the time period of 10 years (after the date the statement was made available) within which that statement must be removed.

Section 39 prescribes the information and documents that the Authority can require a former RMA to provide under subsection 311EA(2) of the Migration Act, when the Authority is considering whether to bar them from being an RMA.

Sections 40 and 41 set out, for the purposes of subsection 312A(1) and section 312B of the Migration Act, respectively, the method for an RMA to notify the Department where representing a visa applicant, or the ART, where representing a review applicant. These provisions of the Regulations are similar to former subregulation 7G(1) and regulation 7H of the 1998 Regulations, but clarify the time periods within which the notification requirement must be met.

Section 42 provides, for the purposes of paragraph 313(3)(c) of the Migration Act, the circumstances in which an assisted person may recover payments made to an RMA for immigration assistance where the assisted person did not receive a statement of services within the prescribed period. This provision of the Regulations is similar to former regulation 7I of the 1998 Regulations, without including reference to repealed provisions of the Migration Act.

Section 43, provides that the Authority must arrange production of a consumer guide for potential clients of an RMA. Compared to the 1998 Regulations, this section of the Regulations also provides that the Authority may arrange the production of other guides for potential clients of an RMA.

Section 44 prescribes circumstances in which the Authority may disclose personal information about an RMA or an inactive migration agent to the Secretary or an authorised officer or the ART. It also places restrictions on the use and further disclosure of such information by the recipient. Section 45 prescribes the circumstances in which the Secretary may disclose personal information about an RMA or an inactive migration agent to the ART, and places restrictions on the use and further disclosure of such information by the ART.

Section 46 prescribes the circumstances in which the ART may disclose personal information about an RMA or an inactive migration agent to the Secretary or an authorised officer and places restrictions on the use and further disclosure of such information by the recipient.

Part 4 of the Regulations sets out arrangements for approval of CPD providers for the purposes of section 290A of the Migration Act. Sections 48 and 49, respectively, set out the requirements for an application for approval as a CPD provider and for withdrawing such an application. Section 50 sets out arrangements for the Minister to approve a person to be a CPD provider and conditions that must be met for such an approval. Section 51 sets out the requirements to be approved as a CPD provider, including having suitable policies and administrative arrangements in relation to records management, reporting and privacy, and handling of complaints. Section 52 provides that approval as a CPD provider is subject to conditions specified by the Minister in the approval, and by standards specified by the Minister in a legislative instrument.

Sections 53 and 54, respectively, set out the period of approval as a CPD provider and arrangements for automatic continuation of approval as a CPD provider until an application to be approved again is dealt with. Section 55 sets out grounds on which the Minister may cancel approval as a CPD provider and the arrangements for the cancellation of approval.

Section 56 provides that the Minister may delegate any or all of the Minister’s functions and powers under Part 4 to an Australian Public Service officer in the Department (with the exception of the power to make, vary or revoke a legislative instrument). This section of the Regulations also requires a delegate performing functions and exercising powers under a delegation to comply with any directions of the Minister.

Transitional provisions

Part 5, Division 1 of the Regulations sets out transitional provisions to preserve continuity in the regulation of migration agents to provide for the repeal of the 1998 Regulations and commencement of the Regulations.

Section 57 defines ‘commencement day’ as meaning the day the Regulations commence and ‘old regulations’ means the 1998 Regulations. Section 58 continues the effect of things done under the 1998 Regulations that could be done for that purpose under the Regulations, and the thing could also be done for that purpose under the Regulations.

Section 59 provides that the infringement notice arrangements in Division 2.4 of Part 2 of the 1998 Regulations continue to apply to infringement notices issued under the that Division of those Regulations before 1 April 2026.

Section 60 provides that, former regulation 3U of the 1998 Regulations (‘Relation by Employment’) continues to apply in relation to a registration application made before 1 April 2026, and where the MARA has not made a decision in relation to that application prior to that date..

Section 61 provides that a notice of intention to apply for registration as an RMA published before the commencement of the Regulations is dealt with in accordance with former regulation 4 of the 1998 Regulations that requires the notice be published for 30 consecutive days.

Section 62 provides that CPD requirements under former regulations 3AA, 6 and 6A of the 1998 Regulations continue to apply for registration applications made prior to 1 April 2026 where the Authority has not made a decision in relation to that application prior to that date.

Section 63 has the effect that former regulation 7B (Stay orders – prescribed supervisory requirements) of the 1998 Regulations continues to apply in relation to court orders made before 1 April 2026 as if the repeal had not happened.

Sections 64 to 67 set out the transitional arrangements relating to statement of services. These provisions cover the circumstances where:

there is new or ongoing immigration assistance;
certain service agreements ended before 1 April 2026;
other immigration assistance;
disapplication of sections 64 and 65 to the extent where this would involve an acquisition of property otherwise than on just terms.

Section 68 provides that sections 44 to 46 of the Regulations apply in relation to the use or disclosure of information on or after commencement day of the Regulations, irrespective of whether the information was obtained before, on or after that day.

Human rights implications

This Disallowable Legislative Instrument engages the following rights:

the right to work in Article 6 of the International Covenant on Economic, Social and Cultural Rights (ICESCR);

the right to privacy in Article 17 of the International Covenant on Civil and Political Rights (ICCPR); and

the right to a fair hearing and criminal process rights in Article 14 of the ICCPR.

Right to Work

Article 6(1) of the ICESCR states:

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 (CESCR) recognises that the right to work in Article 6 does not equate to a guarantee of full employment. The CESCR 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.

Under Article 4 of the ICESCR, the rights in Article 6 can be limited for the purposes of promoting general welfare in a democratic society. Any limitations need to be reasonable, necessary and proportionate to the legitimate objective sought to be achieved.

The Regulations set out requirements that must be satisfied to work as an RMA. A person’s intention to be registered must be published on the Authority’s website for a total of at least 30 days to provide an opportunity for others to raise objections (section subsection 28(5)). For applicants who have not been registered in the previous three years, the Minister may, by legislative instrument, specify requirements relating to a qualification that must be obtained, an exam to be undertaken within a prescribed period before the application is made, and a prescribed minimum pass mark (section 30). Applicants seeking re‑registration who are not lawyers holding practising certificates must meet CPD requirements (sections 31 and 32). RMAs must also hold professional indemnity insurance (section 33). Further, details about a caution, cancellation or suspension of an RMA must be published on the website (section 35).

While these measures restrict individuals seeking to work as RMAs by requiring that they comply with prescribed criteria to obtain or 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. Any limitation on the right to work as an RMA that may arise as a result of these measures is reasonable, necessary and proportionate, and the least rights restrictive. The imposition of eligibility criteria to work as an RMA, and of disciplinary frameworks that may lead to suspension or cancellation of approval to work as an RMA are common and accepted means of regulating specific vocations. They are intended to protect those individuals who seek to engage the services of an RMA, by seeking to ensure that they are provided with accurate, professional and ethical immigration assistance. Such protection is particularly important given the potential vulnerability of these individuals and the potentially significant implications that can flow from poor quality advice in immigration matters. Consistent with the 1998 Regulations, decisions to refuse, cancel or suspend registration can be appealed by an RMA and therefore subject to independent merits review by the ART and judicial review by the courts, with appropriate remedies available.

The Regulations also set out requirements for approving a person to provide CPD activities (sections 48, 50, 51 and 52) and grounds for cancellation of such an approval (section 55). These measures do not restrict a person’s right to work in that particular field of education, in other fields of education, or in another vocation. The consequence of a CPD provider not being approved is that CPD activities delivered by that provider will not count towards the CPD points required for an individual’s repeat registration as an RMA, but this does not prevent that individual from undertaking CPD activities with another approved CPD provider.

Right to privacy

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.

Pursuant to Article 17(1) of the ICCPR, an interference with an individual’s privacy must have a lawful basis and not be arbitrary. The right to privacy may be subject to permissible limitations. In order for an interference with the right to privacy to be permissible, the interference must be authorised by law, be for a reason consistent with the ICCPR and be reasonable in the particular circumstances. The United Nations Human Rights Committee has interpreted the requirement of ‘reasonableness’ such that any interference with privacy is proportional to the end sought and be necessary in the circumstances. Reasonableness, in this context, incorporates notions of proportionality, appropriateness and necessity. In essence, this will require that limitations:

serve a legitimate objective;
adopt a means that is rationally connected to that objective; and
the means adopted are not more restrictive than they need to be to achieve that objective.

The Regulations engage the right to privacy by enabling the lawful collection and/or publication of personal information in certain circumstances, and the use and/or disclosure of personal information by the Authority, the Secretary or an authorised officer and the ART in prescribed circumstances in accordance with the Australian Privacy Principles (APPs) in the Privacy Act 1988 (Cth) (the Privacy Act).

Grounds for requiring the information of documents

The ability to collect, publish and disclose information about individuals providing immigration assistance is central to the Authority’s ability to carry out its regulatory role under the Migration Act, including assessing fitness for registration, the investigation of complaints, the taking of appropriate disciplinary action and informing the public about the conduct of RMAs and regulatory outcomes. To the extent that the Regulations limit the right to privacy, those limitations are reasonable to maintain the effective regulation of the immigration assistance industry for the benefit and protection of individuals seeking those services.

Scope of the information or documentation to be provided or published

Section 23 requires publication on the Register of the RMA’s registration number, website, postal and email addresses and any business names used by the agent or the agent’s employer. This information is removed from the register once a person ceases to be an RMA. The publication of personal information serves the legitimate objective of enabling the public to verify a RMA’s registration status and contact details and allows the Authority to contact the relevant RMA and identify any potential conflicts of interest. Any limitation posed by these requirements is the least restrictive means because:

only professional contact information of RMAs is published, rather than sensitive personal information;
RMAs who only have a residential physical address are permitted to use a mailing address such as a PO Box;
the information is removed from public access once registration ceases (other than in the circumstances set out in section 24); and
publication of professional registration details is standard practice in comparable regulated professions.

Section 36 prescribes (pursuant to the section 305C of the Migration Act which concerns the circumstances where the Authority is considering refusing an application for registration or deciding to suspend or cancel agent registration or issue a caution) that the Authority can require the agent to provide (a) each client’s contact information, date of birth, Department client or file number and the agent’s reference number and/or (b) copies of client files, ledgers account documents and any other financial documents relating to money paid by or owed to clients of the agent or the business or corporation that employs them.

The ability to require production of such information and documentation is central to the ability of the Authority to carry out its statutory role of regulating the provision of immigration assistance in Australia. The Authority uses this material to investigate concerns about whether a person should be registered as an RMA or whether an RMA should be cautioned or have their registration suspended or cancelled, i.e. whether the applicant is a fit and proper person. The power is restricted to cases where application refusal/suspension/cancellation are actively under consideration, rather than general monitoring, limiting the scope to what is reasonably necessary for the purposes of the investigation. The collection of information remains subject to the Privacy Act and affected persons can seek review of decisions relating to a caution, suspension or cancellation.

Additionally, section 39 prescribes information and documents that can be requested from former RMAs for the purposes of subsection 311EA(2) of the Migration Act (where the Authority is considering whether to bar a former RMA from registration for a period it, may require him or her to provide the Authority with prescribed information or prescribed documents within the specified period and in the specified manner). The relevant information may include each client’s contact information, the Department client or file number, the agent’s reference number and client’s date of birth and may require copies of client files, ledgers account documents and any other financial documents relating to money paid by or owed to clients of the agent or the business or corporation that employs them. This measure is the least restrictive means given the prescribed information and documents are limited to what is necessary for the Authority to conduct its investigations when considering whether a significant sanction on the former RMA is warranted. The Authority must handle the information it holds in accordance with its policies and the Privacy Act.

Grounds for information recipients to disclose personal information to others

Section 44 provides for the purposes of subsection 321A(2) of the Migration Act that the Authority may disclose personal information about an RMA or an inactive migration agent to the Secretary or an authorised officer or the ART where:

regulation of a registered or inactive migration agent, or a client of such an agent, is under investigation for possible offences under the Migration Act;
a registered or inactive migration agent has been sanctioned by the Authority; or
the personal information is required to allow the Secretary, an authorised officer or the ART to collect information about the conduct of registered or inactive migration agents.

Section 44 also prescribes that the recipient of the information provided under subsection 321A(2) of the Migration Act may disclose it to a relevant professional body of which the agent is or was a member, if it relates to the conduct of a registered or inactive migration agent and the recipient believes that the conduct may be of concern to the relevant professional body.

Similarly, section 45 prescribes for the purposes of subsection 332F(2) of the Migration Act that the Secretary may disclose personal information about an RMA or an inactive migration agent to the ART where:

a registered or inactive migration agent, or a client of such an agent, is under investigation for possible offences under the Migration Act;
a registered or inactive migration agent has been sanctioned by the Authority; or
the personal information is required to allow the ART to collect information about the conduct of registered or inactive migration agents.

Section 45 also prescribes that the ART may disclose such personal information to a relevant professional body of which the agent is or was a member if it relates to the conduct of a registered or inactive migration agent and the recipient believes that the conduct may be of concern to the relevant professional body.

Further, section 46 also prescribes that the Secretary or authorised officer may disclose such personal information to a relevant professional body of which the agent is or was a member if it relates to the conduct of a registered or inactive migration agent and the recipient believes that the conduct may be of concern to the relevant professional body.

Sections 44, 45 and 46 serve the legitimate objectives of: maintaining the integrity of visa and review processes, enabling effective investigation and disciplinary action when RMAs engage in unlawful or unethical behaviour and supporting coordinated regulatory oversight. The measures are considered reasonable and proportionate as disclosure is restricted to specific circumstances rather than general information sharing, the scope of information is limited to what is relevant to those functions, further disclosure by recipients is limited to professional bodies in certain circumstances and where the recipient believes that disclosure is warranted, and they are intended to promote efficiency in prescribed bodies carrying out their investigations promptly and effectively to protect the broader public from migration agents who have breached the requirements and professional standards.

Duration of publication of information

Section 24 provides that the Authority may publish the names of former RMAs, their former registration numbers and the date their registration ceased, on the Authority’s website for 12 months. This publication is necessary to enable the public and current and/or former clients of the migration agent to be made aware that their registration has ceased. The 12-month period is the least restrictive period as it provides a reasonable amount of time and balances the public interest in verification of recently ceased RMAs who may have given assistance to clients who are still navigating the migration system to any potential interference with the former RMA’s rights to privacy.

Section 25 requires the Authority to remove details of any current disciplinary details relating to the RMA included on the Register in accordance with subsection 287(2) of the Migration Act, within 14 days after the suspension or caution ceases to be in effect. This 14-day requirement promotes the right privacy by ensuring disciplinary information does not persist beyond its regulatory utility (being visibility of current disciplinary details to the Authority and the public). This is the least restrictive approach because it requires prompt removal of a person’s details upon expiry while also providing a realistic administrative period for the Authority to effect the change.

Sections 26, 27 and 28 provide that individuals seeking registration as a migration agent, and who have not been an RMA within the preceding three years, must publish for a total of at least 30 days on the Authority’s website a notice of intention to apply for registration that gives their full name and any other name by which they are or have been known, their citizenship and a mailing address. The notice can cover one individual or two or more individuals intending to work for the same employer. If an individual intends to work as an employee, the notice must include the employer’s name and address for correspondence, business name (if any) and their business address. Where an individual does not intend to work as an employee, they are required to publish the business name, if any, that they propose to use and their address for correspondence. This allows members of the public to raise any relevant issues or information with the Authority.

Any limitation on privacy through publication of personal information is the least restrictive means because the prescribed period of 30 days is considered the minimum period sufficient to allow the public to become aware of the notice and raise with the Authority any relevant issues or information. Subsection 28(2) does not require a person’s home address be published, as publication of a physical address is not required if a person does not intend to work as an employee. Further, the information required is limited to the identification and contact details necessary for the Authority’s information gathering purpose in discharging its responsibilities under the Migration Act and the requirement only applies to new applicants (or those who have not been registered in the preceding three years), not to annual re-registrants for which public notice would have limited utility.

Section 35 prescribes the method of making available a statement about a caution of an RMA or a cancellation or suspension of registration (pursuant to paragraph 305A(1)(a) of the Migration Act). The prescribed method is by way of publication on the Authority’s website. Statements will be removed from the Authority’s website in accordance with a graduated time scale: for suspensions, within 5 years after the day the statement was made available; for cancellations, within 10 years after the day the statement was made available; and for cautions, within 12 months of the date the information was removed from the Register (in accordance with subsection 287(5) of the Migration Act or the expiry of the agent’s registration, whichever is earlier).

The use of these graduated timeframes are aligned to reflect the seriousness of the sanction and are consistent with standard professional practice of the publication of disciplinary decisions. They balance considerations to avoid indefinite publication which would be disproportionate to the gravity of the malpractice against shorter periods which would not provide adequate disclosure to the public and potential clients, or adequate deterrence.

Section 38 specifies that the publication of a statement about the barring of a former agent from registration (as required under paragraph 311C(1)(a) of the Migration Act) will be made by the Authority publishing the statement on its website. The statement must be removed from the website within 10 years after publication. The 10-year publication period aligns with the associated cancellation of an RMA’s registration under section 292 of the Migration Act which has the effect that means that an agent will not be able to be re-registered for 5 years. If the publication were to be limited to 5-years, there would be no public record of the disqualification of a newly re-registered agent. The further 5-year period after the mandatory disqualification period provides sufficient (but not excessive) notice to prospective clients/consumers which otherwise would be non-existent. These publication periods are the currently accepted practice and migration agents peak bodies have not sought changes to those periods following their consultation. A substantial change from the current practice may create industry confusion and disruption and reducing the publication duration may send inappropriate signals to industry participants and consumers given the concerns around consumer/client protection and agent conduct which these Regulations are intended to address.

As noted above, the use, disclosure, and protection of personal information gathered under the Regulations is governed by the Privacy Act as well as the related Australian Privacy Principles and Australian Government Agencies’ Privacy Code and by the Archives Act 1983 (Cth). In particular:

physical security and security for IT systems and record storage arrangements are designed to protect personal information obtained under the Regulations from unauthorised access, disclosure or use; and
all officers of the Department, including the Authority are required to undergo regular mandatory training on their obligations under the Privacy Act and Australian Privacy Principles and face the prospect of disciplinary action for breaches of those obligations.

The use and/or disclosure of personal information in the circumstances set out in the Regulations are considered reasonable, necessary, and proportionate to support the legitimate purpose of regulating RMAs, by enabling effective investigation and disciplinary action where RMAs engage in unlawful or unethical behaviour and supporting the efficient operation of the Authority in maintaining public information about RMAs and former RMAs. This in turn, allows consumers to inform themselves of any concerns with a particular RMA and supports public confidence in the immigration assistance industry. By doing so, the Regulations more broadly supporting the efficient processing of visa applications by the Department of Home Affairs and applications for review by the ART, which are assisted by RMAs.

Fair hearing and criminal process rights

Article 14(1) of the ICCPR provides:

1. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law.

…

2. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.

…

3. Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law.

…

4. No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country.

As noted above, Part 2, Division 3 of the Regulations provides for an infringement notice framework which enables a person facing prosecution for an immigration assistance offence an opportunity to pay a penalty to the Commonwealth instead of facing prosecution (section 11). An ‘immigration assistance offence’ can be considered to be an offence against provisions in Part 3 of the Migration Act that regulate the giving of immigration assistance, including offences related to providing immigration assistance while unregistered, making false or misleading statements in connection with immigration assistance and failing to comply with obligations imposed on RMAs. The alternative option to pay a penalty provides an additional tool for seeking to remedy RMA non-compliance and offers a timely and efficient response to issues of non-compliance by providing an alternative to pursuing a matter through the judicial system, particularly for instances of less serious RMA non-compliance.

The use of infringement notices is commonly used by the Fair Work Ombudsman and regulatory agencies, as well as under existing provisions of the migration legislation framework. The infringement notice provisions and penalties implemented by the Regulations align proportionately with the civil penalty provisions in the Migration Act.

Where an individual disagrees with an infringement notice, the legal framework around the notice builds in a range of procedural rights. The infringement notice must include details and brief particulars of the alleged offence, an explanation that the person issued with the notice may elect not to pay the amount and instead face civil penalty proceedings, but that those proceedings can be averted and liability discharged by making the prescribed payment within 28 days or within any further period permitted by an authorised officer as per section 15. Further, under section 17, an infringement notice may be withdrawn by an infringement officer for the purposes of further investigation of the alleged offence. If the matter does proceed to court, the normal processes of a court considering civil penalty matters would apply and be subject to existing safeguards.

The infringement notice framework is consistent with Article 14 of the ICCPR as it promotes, rather than limits, the right to a fair hearing. In particular, payment of the amount is voluntary, the notice must include adequate information including the ability for the recipient to elect court proceedings or pay the amount within 28 days to discharge the liability, the notice can be withdrawn for further investigation (section 17) and if the matter proceeds to tribunal or court, the recipient retains all rights to procedural fairness.

Conclusion

This Disallowable Legislative Instrument is compatible with human rights because to the extent that it may limit human rights, those limitations are reasonable, necessary and proportionate to achieving the legitimate purpose of maintaining the effective regulation of the immigration assistance industry for the benefit and protection of individuals seeking those services.

The Hon Julian Hill MP
Assistant Minister for Citizenship, Customs and Multicultural Affairs

ATTACHMENT C

Details of the Migration Agents Regulations 2026

Part 1 – Preliminary

Section 1 – Name

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

Section 2 – Commencement

This section provides that the Regulations commence on 1 April 2026.

Section 3 – Authority

This section provides that the instrument is made under the Migration Act 1958 (the Migration Act).

Section 4 – Definitions

This section provides for the definitions in the Regulations.

A note in this section clarifies that a number of expressions used in this instrument are defined in the Migration Act, including the following:

child;
client;
immigration assistance;
registered migration agent;
spouse.

These expressions are defined in the Migration Act as follows:

child of a person has a meaning affected by section 5CA;
client: see section 306C;
immigration assistance: see section 276;
registered migration agent means an individual registered as a migration agent under Division 3 of Part 3;
spouse has the meaning given by section 5F.

The note under subsection 8(1) of the Migration (Migration Agents Code of Conduct) Regulations 2021 (the Code of Conduct) provides for the terms ‘client’ and ‘registered migration agent’ having the same meaning in that instrument as it has in Part 3 of the Migration Act (see section 275 of the Migration Act).

The intent of this note is to ensure consistency of terms used across the Migration Agents legislative framework.

The following terms are defined in this section of the Regulations:

Act means the Migration Act 1958.
Authority means the Migration Agents Registration Authority (the MARA). Section 275 of the Migration Act defines the Migration Agents Registration Authority means the body mentioned in section 315 of that Act.
client number has the same meaning as in the Migration Regulations 1994.
covers, in relation in service agreement, has the same meaning as in the Code of Conduct.
CPD activity means an activity that:

is specified in an instrument made under section 5; and
relates to a topic specified in an instrument made under section 5; and
is conducted by a CPD provider in accordance with any conditions specified for the activity in an instrument made under section 5.

CPD provider means a person for whom an approval under Part 4 as a CPD provider is in effect.
CPD provider standards has the meaning given by subsection 52(2).
expiry day for an approval has the meaning given by subsection 53(3).
immigration assistance offence means a contravention of subsection 280(1) of the Migration Act.
infringement notice means a notice under section 13.
infringement notice penalty means the penalty mentioned in paragraph 504(1)(ja) of the Migration Act.
infringement officer means:

the Secretary; or
a person authorised by the Minister under section 12.

migrating employee, in relation to an employer, means an employee, or a prospective employee, of the employer:

whom the employer intends to sponsor or nominate for the Migration Regulations 1994; or
whom the employer is likely to sponsor or nominate for that instrument.

repeat registration: an individual applies for repeat registration if the individual:

applies for registration as a registered migration agent; and
has previously been registered at some time within the period of 3 years before making the application.

service agreement has the same meaning as in the Code of Conduct.

This section makes the following changes to former regulation 3 of the Migration Agents Regulations 1998 (the 1998 Regulations):

removes the following definitions:

electronic communication, financial institution, prescribed institution, suitable mentoring arrangement and voluntary organisation.

introduces the following definitions:

covers, immigration assistance offence, infringement notice, infringement notice penalty, infringement officer, migrating employee, and service agreement.

The removed expressions are not included in the Regulations because they are redundant. Other expressions have been included to clarify roles, functions and powers in the migration agent legislative framework.

Section 5 – Instrument specifying matters relating to CPD activities

This section provides that for the purposes of section 290A of the Migration Act, the Minister may, by legislative instrument, specify any or all of the following matters:

activities;
topics to which activities may relate;
conditions for the conduct of activities;
the points that activities are worth;
activities that are mandatory and a minimum number of points for such activities;
circumstances in which activities are not worth points or are worth a reduced number of points.

The note under paragraph 5(f) of the Regulations provides that these matters are specified for the purposes of the definition of CPD activity in section 4 and for subsection 31(2).

Section 290A of the Migration Act provides that an applicant must not be registered if not a person of integrity or not fit and proper.

This section provides for matters the Minister may specify, through a legislative instrument, relating to CPD activities, as detailed in paragraphs 5(a)-(f), which must be undertaken by a registered migration agent (RMA).

See section 4 for the definition of registered migration agent.

This section is similar to former regulation 3AA of the 1998 Regulations. This section introduces paragraph 5(f) to the Regulations. The policy intent of that provision of these Regulations is to enable the Minister to specify circumstances in which specified CPD activities are not worth CPD points or are worth a reduced number of CPD points through a legislative instrument made by the Minister in accordance with this section of the Regulation, rather than these Regulations. The intent is to provide for any future changes to the current CPD requirements for RMAs.

Part 2—Immigration assistance given by persons not registered

Division 1—Assistance given by employers and their employees

Division 1 of Part 2 of the Regulations outlines the circumstances where assistance given by employees to migrating employees does not amount to ‘immigration assistance’ under the Migration Act. This in turn means the assistance does not attract the regulatory framework under the Migration Act and the Regulations.

See section 4 for the definitions of immigration assistance and migrating employee.

Section 6 – Meaning of employer and employee

This section provides that in Division 1 of Part 2 of the Regulations, a person is the employer of an individual, and the individual is the employee of the person, if:

the person engages the individual to work in the person’s workplace for an indefinite period rather than for a specified term or for the duration of a specified task; and
the person is responsible for paying the individual’s salary or wages.

This section of the Regulations replaces former regulations 3A and 3B of the 1998 Regulations.

Former regulation 3A of the 1998 Regulations provided that the definitions of employee, employer, and migrating employee used in Division 2.1 of Part 2 of the former 1998 Regulations had the meaning given in former regulation 3B.

Former regulation 3B provided for when a person was the employer or employee (as defined in former regulation 3A) of another person for Division 2.1 of Part 2 of the former 1998 Regulations.

The policy intent of this section of the Regulations is to ensure that the terms ‘employer’ and ‘employee’ are consistent with the use of those terms in the Regulations, the Code of Conduct and the Migration Act.

Section 7 – Specification of kinds of visas for this Division

This section provides that the Minister may, by legislative instrument, specify kinds of visas for the purposes of Division 1 of Part 2 of the Regulations.

This section replicates the former regulation 3BA of the 1998 Regulations and relies on section 504 of the Migration Act.

Section 504 of that Act provides that the Governor-General may make regulations, not inconsistent with that Act, prescribing all matters which by that Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to that Act and, without limiting the generality of the foregoing, may make regulations.

Section 8 – Assistance given to migrating employees

Section 276 of the Migration Act provides for when a person gives immigration assistance (as defined in section 275 of that Act).

Subsection 276(4) of the Migration Act provides that a person also does not give immigration assistance in the circumstances prescribed by the regulations.

This section provides that for the purposes of subsection 276(4) of the Migration Act, a person does not give immigration assistance in the following circumstance:

the person gives assistance referred to in subsection 276(1) or (2) of the Migration Act;

the person is:

the employer or prospective employer of the person to whom the assistance is given; or
an employee of the employer or prospective employer of the person to whom the assistance is given who is acting on the employer’s behalf;

the person to whom the assistance is given is a migrating employee of the employer or prospective employer;
the migrating employee has made or intends to make an application for a kind of visa specified in an instrument made under section 7 of the Regulations;
the assistance is given in relation to the application;
the person giving the assistance is not a registered migration agent.

See section 4 for the definition of migrating employee.

The purpose of this section is to provide for the prescribed circumstance where a person’s (such as an employee) assistance to a migrating employee does not amount to ‘immigration assistance’ as referred to in subsection 276(1) or (2) of the Migration Act, for the purposes of subsection 276(4) of that Act.

See section 6 for the meaning of employer and employee.

This section replicates former regulation 3C of the 1998 Regulations.

Section 9 – Representations made on behalf of migrating employees

Section 282 of the Migration Act provides for restrictions on charging fees for immigration representations (see subsection 282(1) of that Act).

Subsection 282(4) of that Act defines the term makes immigration representations and provides for various circumstances when a person makes representations to, or otherwise communicates with, the Minister, a member of the Minister’s staff or the Department of Home Affairs (the Department).

Subsection 282(5) of that Act provides that a person does not make immigration representations in the circumstances prescribed by the regulations.

This section provides that for the purposes of subsection 282(5) of the Migration Act, a person does not make immigration representations in the following circumstance:

the person makes representations, or other communications, to the Minister, a member of the Minister’s staff or the Department (the representations);

the person is:

the employer or prospective employer of the person on whose behalf the representations are made; or
an employee of the employer or prospective employer of the person on whose behalf the representations are made who is acting on the employer’s behalf;

the person on whose behalf the representations are made is a migrating employee of the employer or prospective employer;
the migrating employee has made or intends to make an application for a kind of visa specified in an instrument made under section 7 of the Regulations;
the representations are made in relation to the application;
the person making the representations is not a registered migration agent.

See section 4 for the definition of migrating employee.

This section provides that representations (defined in paragraph 9(a)) are not ‘immigration representations’ where the person making the representations is an employer (or prospective employer) of the person on whose behalf the representations are made, provided that the circumstances detailed in paragraphs 9(b)-(f) are met.

The representations also do not amount to immigration representations where they are given by an employee of the employer (or prospective employer) (including if the employer is an RMA).

Section 9 replicates former regulation 3D of the 1998 Regulations.

The intent of Division 1 of Part 2 of the Regulations (sections 6 to 9) is to prevent RMAs from relying on sections 8 or 9 to avoid their obligations under the Migration Act and the Regulations, including under the Code of Conduct. This Division also enables employers and prospective employers who are not RMAs to provide migration-related assistance and representations of support to their migrating employees without facing penalties under section 280 of the Migration Act for providing immigration assistance while not being an RMA.

Division 2—Assistance given by other persons

Division 2 of Part 2 of the Regulations relates to immigration assistance given by persons other than RMAs or immigration assistance given by employers (or prospective employers) which is provided for in Division 1 of Part 2 of the Regulations.

Section 10 – Assistance given by close family members

Section 280 of the Migration Act provides for restrictions on giving immigration assistance. As it relates to section 10 of the Regulations, subsection 280(7) provides that in section 280, close family member has the meaning given by the regulations.

This section provides for assistance given by close family members.

Subsection 10(1) provides that for the purposes of the definition of close family member in subsection 280(7) of the Migration Act, close family member, in relation to a person, means:

the spouse or de facto partner of the person; or
a child, parent, sibling of the person; or
a step-child or step-sibling of the person.

Subsection 10(2) provides that in section 10, step child, in relation to a parent, means:

a person who is not the child of the parent but who is the child of the parent’s current spouse or de facto partner; or
a person who is not the child of the parent but:

who is the child of the parent’s former spouse or former de facto partner; and
who has not turned 18; and
is covered by subsection 10(3).

Subsection 10(3) provides that a person is covered by subsection 10(3) if the parent has either of the following in relation to the person:

a parenting order in force under the Family Law Act 1975 under which the parent is the person with whom a child is to live, or who is to be responsible for the child’s long term or day to day care, welfare and development;
guardianship or custody, whether jointly or otherwise, under a Commonwealth, State or Territory law or a law in force in a foreign country.

This section introduces the following terms, when compared with former regulation 3H of the 1998 Regulations:

de-facto partner (defined in subsection 5(1) of the Migration Act);
step-child (defined in regulation 1.03 of the Migration Regulations 1994 (the Migration Regulations));
parenting order (defined in regulation 1.03 of the Migration Regulations);
guardianship (see the Immigration (Guardianship of Children) Act 1946) or custody (defined in regulation 1.03 of the Migration Regulations).

The terms used in this section have the same meaning as in the relevant definitions in the Migration Act in accordance with paragraph 13(1)(b) of the Legislation Act 2003 (the Legislation Act).

The purpose of this section is to specify the types of relationships which must exist between a person and a close family member for that family member to be able to provide the person with immigration assistance without being required to be an RMA.

The intent of this section of the Regulations is to make changes to reflect updated terminology in other parts of the former 1998 Regulations and to modernise certain terms to make the definitions in this section of the Regulations consistent with other legislation within the Migration Agents legislative framework.

Division 3—Infringement notices relating to giving of immigration assistance

Division 3 of Part 2 of the Regulations relate to the issuing of infringement notices for giving immigration assistance not authorised under the Migration Act or these Regulations. This Division creates a scheme for the issuing of infringement notices as an alternative to prosecution under section 280 of that Act. Under section 280 of the Migration Act, persons who are not RMAs and who give immigration assistance contrary to that Act and these Regulations commit an offence of strict liability.

Certain provisions in this Division depart from the Regulatory Powers (Standard Provisions) Act 2014 (RPA). While best practice provisions under Part 5 of the RPA are largely replicated in this Subdivision, some provisions including section 13 (When an infringement notice can be served?), section 14 (What must an infringement notice contain?), and section 16 (What happens if the penalty is paid?) departs from the best practice provisions due to the unique functions and powers of the Authority, including the specialised role of infringement officers in the migration context. The provisions in this Division, where they depart from best practice, are particularly adapted to the migration environment and to ensure processes can be administered effectively balanced against protection of the public and Department staff.

Departure from the RPA is considered reasonable, appropriate and proportionate having regard to:

the overriding public interest in needing to monitor the integrity of the Authority and the performance of its functions, including regulating migration agents; and
the objective of enhancing the quality of immigration assistance services; and
the inclusion of conditions that must be satisfied before the power may be exercised.

Matters prescribed in this Division are enabled by Part 3 of the Migration Act 1958, complemented by section 504 of that Act. It is necessary and appropriate to prescribe these matters in this Division as these provisions support to the operation of the head power in the Migration Act. This will also ensure that the framework can be updated to reflect evolving needs and risks in the migration context, and to ensure public trust in the quality of migration agents who are registered to provide immigration assistance.

Subdivision A—Infringement notices

Section 11 – Purpose of this Subdivision

This section provides that for the purposes of paragraph 504(1)(ja) of the Migration Act, Subdivision A of Division 3 of Part 2 of the Regulations makes provision for a person who is alleged to have committed an offence against subsection 280(1) of that Act to pay a penalty to the Commonwealth, as an alternative to prosecution.

Paragraph 504(1)(ja), of the Migration Act, allows regulations to be made which enable a person who is alleged to have committed an offence under subsection 280(1) of that Act to pay a fine of 12 penalty units as an alternative to prosecution. Subsection 4AA(1) of the Crimes Act 1914 provides that one penalty unit is $330.

Section 12 – Appointment of infringement officers

This section provides for the appointment of infringement officers for the purposes of Subdivision A of Division 3 of Part 2 of the Regulations and paragraph 504(1)(ja) of the Migration Act.

Subsection 12(1) of the Regulations provides that the Minister may, in writing, authorise a person or a person included in a class of persons to exercise a power under Division 3 of Part 2.

An authorisation made by the Minister in accordance with subsection 12(1) of the Regulations will not be a legislative instrument (see item 4 of the table in subsection 6(1) of the Legislation (Exemptions and Other Matters) Regulation 2015).

Subsection 12(2) of the Regulations provides that before authorising a person or a class of persons to exercise a power under Division 3 Part 2, the Minister must consider whether the person or class of persons has appropriate expertise to exercise the power.

The intent of this section is to enable the Minister to authorise, in writing, a person or a person included in a class of persons, to exercise a power or powers under Division 3 of Part 2 of the Regulations. If authorised to do so, the person(s) would be classified as an infringement officer.

The infringement officer(s) will be an APS employee(s) within the Department, where from time to time that individual(s) holds, occupies or performs duties at an APS level 5, APS level 6, Executive Level (EL) 1 or EL 2 classification within the Department, including at level APS employees within the MARA. The terms ‘APS’ and ‘APS employee’ are defined in section 7 of the Public Service Act 1999 (the Public Service Act).

A broad delegation is required for the infringement notice framework to enable the efficient administration of matters under this framework. The Authority is a relatively small body with a staff profile that is largely APS and EL staff. Many of the day-to-day activities, including infringement activities, may not need to be performed by SES staff. It is these staff who are best placed to exercise these delegations as they will be the frontline workers, with the relevant intelligence and knowledge of the matter to make informed decisions regarding performance of certain infringement powers.

There are safeguards to ensure that appropriate delegations are in place, in accordance with the Attorney-General’s Department’s Guide to Framing Commonwealth Offences, Infringement notices and Enforcement Powers (the Guide). This level of oversight by the MARA provides the necessary safeguards to ensure that the delegations are appropriate.

Section 13 – When can an infringement notice be served?

This section provides for when an infringement notice can be served.

Subsection 13(1) provides that if an infringement officer has reasonable grounds to believe that a person has committed an immigration assistance offence, the officer may serve an infringement notice on the person in accordance with Subdivision A of Part 2.

Subsection 13(2) provides that an infringement notice in relation to an immigration assistance offence must be served within 12 months after the date on which, or the last day of the period over which, the offence is alleged to have been committed.

Subsection 13(3) provides that to avoid doubt, if an infringement officer has reason to believe that a person has committed 2 or more immigration assistance offences of the same kind, the officer may serve a separate infringement notice on the person in accordance with Subdivision A of Part 2 in respect of each alleged offence.

The terms ‘immigration assistance offence’, infringement notice’, infringement officer’ are defined in section 4.

Where an infringement officer serves an infringement notice(s) in accordance with subsections 13(1) to (3) the notice(s) are not a legislative instrument (see item 28 of the table in subsection 6(1) of the Legislation (Exemptions and Other Matters) Regulation 2015).

Subsections 13(1) and (3) of the Regulations substantially replicate former subregulations 3J(1) and (2) of the 1998 Regulations, respectively.

The drafting of this section of the Regulations is consistent with the Attorney-General’s Department’s Guide.

Section 14 – What must an infringement notice contain?

This section provides for what an infringement notice must contain.

Subsection 14(1) provides that an infringement notice must:

state the position number of the infringement officer who served the notice; and
set out the day on which, or period during which, the immigration assistance offence is alleged to have been committed; and
give brief particulars of the alleged offence; and
set out the infringement notice penalty; and
state that, if the person on whom it is served does not wish the matter to be dealt with by a court, the person may pay the penalty within 28 days after the date of service of the notice unless the notice is withdrawn before the end of that period; and
specify where and how the penalty may be paid; and
set out the procedures relating to the withdrawal of a notice and the consequences of the withdrawal of a notice.

For the purposes of paragraph 14(1)(a) of the Regulations, whilst the position number of the infringement officer is the minimum information to be stated in a notice, it is best practice for the infringement notice to contain both a first name and position number of the infringement officer.

Subsection 14(2) provides that an infringement notice may contain any other information that the authorised officer considers necessary.

The term ‘infringement notice penalty’ is defined in section 4.

This section of the Regulations substantially replicates former regulation 3K of the 1998 Regulations. Former paragraph 3K(1)(a) of the 1998 Regulations provided that an infringement notice must state the name of the authorised officer who service that notice. Paragraph 14(1)(a) of the Regulations accords with similar administrative processes within the Department, such as visa cancellation decisions, where the decision maker must provide their position number instead of their name in order to provide some protection to the officer from possible retribution or attempted influence. This provision does not prevent inclusion of the infringement officer’s name where security and operational considerations are manageable.

Section 15 – Can the time for payment be extended?

This section provides for when the time for payment of an infringement notice penalty can be extended.

This section of the Regulations provides that if an infringement notice has been served on a person, an infringement officer may, if the officer is satisfied that in all the circumstances it is proper to do so, allow a further period for payment of the infringement notice penalty, whether or not the period of 28 days after the date of service of the notice has expired.

See section 4 for the relevant definitions that are applicable to Subdivision A of Part 2.

This section of the Regulations substantially replicates former regulation 3L of the 1998 Regulations.

Section 16 – What happens if the penalty is paid?

This section provides for what happens if an infringement notice penalty is paid.

Subsection 16(1) provides that section 16 applies if the person on whom an infringement notice is served pays the infringement notice penalty in relation to the alleged immigration assistance offence before the end of:

the period of 28 days after the date of service of the notice; or
if a further period has been allowed under section 15—that further period.

Subsection 16(2) provides that any liability of the person in relation to the alleged offence is discharged.

Subsection 16(3) provides that no further proceedings may be taken in relation to the alleged offence.

Subsection 16(4) provides that the person is not to be taken to have been convicted of the alleged offence.

Subsection 16(5) provides that however, section 16 does not apply if an infringement notice is withdrawn in accordance with section 17, whether or not the infringement notice penalty has been paid in accordance with subsection 16(1).

Subsection 16(6) provides that if 2 or more infringement notices are served on a person in respect of separate alleged immigration assistance offences, section 16 applies only in respect of the alleged offence or offences in respect of which the infringement notice penalty is paid in accordance with subsection 16(1).

See section 4 for the relevant definitions that are applicable to Subdivision A of Part 2.

This section ensures that in certain circumstances, the payment of an infringement notice penalty is sufficient for all liability for an alleged offence to be discharged. However, this section does not apply where an infringement notice has been withdrawn in accordance with section 17 whether or not the person has paid the penalty prior to withdrawal. Paragraph 20(d) provides that where an infringement notice is served and withdrawn, a person's liability to be prosecuted for the alleged offence is not affected.

This section of the Regulations substantially replicates former regulation 3M of the 1998 Regulations.

Section 17 – Can an infringement notice be withdrawn?

This section provides for when an infringement notice can be withdrawn. This section of the Regulations provides that if an infringement notice has been served on a person, an infringement officer may withdraw it by notice in writing served on the person in accordance with Subdivision A, of Part 2 of the Regulations, at any time before:

the end of 28 days after the date of service of the infringement notice; or
if a further period has been allowed under section 15—the end of that further period.

The example under paragraph 17(b) provides that an infringement notice may be withdrawn by an infringement officer for the purposes of further investigation of the alleged offence.

See section 4 for the relevant definitions that are applicable to Subdivision A of Part 2.

This section of the Regulations replicates former regulation 3N of the 1998 Regulations.

Section 18 – Refund of penalty if notice withdrawn

This section provides for when a refund of a penalty applies, when a notice is withdrawn.

This section of the Regulations provides that if:

an infringement notice has been served on a person; and
the person has paid the infringement penalty in accordance with the notice, or within any further period allowed under section 15; and
the notice has been withdrawn;

an infringement officer must arrange for the refund to the person of an amount equal to the amount paid.

The note under paragraph 18(c) provides that in accordance with subsection 16(5), if an amount is refunded to a person under section 18 in respect of a penalty paid in accordance with an infringement notice that has been withdrawn, section 16 does not apply in relation to the alleged offence for which the infringement notice was issued. Accordingly, the person’s liability in relation to the alleged offence is not discharged. Further proceedings may be taken in relation to the alleged offence and the person may be convicted of the alleged offence.

See section 4 for the relevant definitions that are applicable to Subdivision A of Part 2.

This section of the Regulations replicates former regulation 3O of the 1998 Regulations.

Section 19 – Can there be more than one infringement notice for the same offence?

This section provides for when there can be more than one infringement notice for the same offence.

This section of the Regulations provides that if:

an infringement notice is served on a person in relation to an alleged immigration assistance offence; and
that infringement notice is withdrawn;

nothing in Subdivision A of Part 2 of the Regulations prevents a further infringement notice being served on the person in relation to that alleged offence.

See section 4 for the relevant definitions that are applicable to Subdivision A of Part 2.

This section of the Regulations replicates former regulation 3Q of the 1998 Regulations.

Section 20 – Infringement notice not compulsory

This section provides for when an infringement notice is not compulsory.

This section of the Regulations provides that nothing in Division 3 of Part 2 of the Regulations:

requires an infringement notice to be served on a person in relation to an alleged immigration assistance offence; or
affects the liability of a person to be prosecuted for an alleged immigration assistance offence if the person does not comply with an infringement notice; or
affects the liability of a person to be prosecuted for an alleged immigration assistance offence if an infringement notice is not served on the person in relation to the offence; or
affects the liability of a person to be prosecuted for an alleged immigration assistance offence if an infringement notice is served and withdrawn; or
limits the amount of the fine that may be imposed by a court on a person convicted of an immigration assistance offence.

See section 4 for the relevant definitions that are applicable to Subdivision A of Part 2.

This section of the Regulations replicates former regulation 3S of the 1998 Regulations.

Subdivision B—Evidentiary Certificates

Section 21 – Evidence

Evidentiary certificates

Subsection 21(1) of the Regulations provides that at the hearing of a prosecution for an offence specified in an infringement notice, a certificate signed by an infringement officer and stating:

that the infringement officer did not allow a further period under section 15 for payment of the penalty set out in the notice; and
that the penalty has not been paid in accordance with the notice;

is prima facie evidence of those matters.

Subsection 21(2) provides that at the hearing of a prosecution for an offence specified in an infringement notice, a certificate signed by an infringement officer and stating:

that the infringement officer allowed, under section 15, the further period specified in the certificate for payment of the penalty; and
that the penalty has not been paid in accordance with the notice or within the further time allowed;

is prima facie evidence of those matters.

Subsection 21(3) provides that at the hearing of a prosecution for an offence specified in an infringement notice, a certificate signed by an infringement officer and stating that the notice was withdrawn on a day specified in the certificate is prima facie evidence of that fact.

Subsection 21(4) provides that a certificate that purports to have been signed by an infringement officer is taken to have been signed by that person unless the contrary is proved.

Copy of certificate to be given to defendant 14 days before certificate admitted in evidence

Subsection 21(5) provides that a certificate issued under subsection 21(1), (2) or (3) must not be admitted in evidence in proceedings for an offence unless:

the person charged with the offence; or
a lawyer who has appeared for the person in those proceedings;

has, at least 14 days before the certificate is sought to be so admitted, been given a copy of the certificate together with notice of the intention to produce the certificate as evidence in the proceedings.

Where an infringement officer signs an evidentiary certificate in accordance with section 21 of the Regulations the certificate is not a legislative instrument (see item 13 of the table in subsection 6(1) of the Legislation (Exemptions and Other Matters) Regulation 2015).

See section 4 for the relevant definitions that are applicable to Division 3 of Part 2.

This section of the Regulations substantially replicates former regulation 3P of the 1998 Regulations, with the exception of the introduction of subsection 21(5), and relies on section 504 of the Migration Act.

Part 3—Registered Migration Agents

Section 22 – Relation by employment

Subsection 278 of the Migration Act provides for related by employment (as defined in subsection 278(1)). Subsection 278(2) of that Act provides that for the purposes of Part 3 of that Act, an individual is also related by employment to another individual in any other prescribed circumstance.

This section provides for the purposes of subsection 278(2) of the Migration Act, additional types of relationships between two individuals for which they are considered to be related by employment.

Subsection 22(1) provides that for the purposes of subsection 278(2) of the Migration Act, an individual is related by employment to another individual if both of them are employees of a third individual.

Subsection 22(2) provides for the purposes of subsection 278(2) of the Migration Act, an individual is related by employment to another individual if:

one of the individuals holds 25% or more of the shares issued by a corporation that provides immigration assistance, or services including immigration assistance; and
the other individual is an employee of the corporation.

The note under paragraph 22(2)(b) provides that Immigration assistance is defined in section 276 of the Migration Act.

Subsection 22(3) provides for the purposes of subsection 278(2) of the Migration Act, an individual is related by employment to another individual if:

one of the individuals holds a charge (whether fixed or floating) or a mortgage or any other form of security over some or all of the assets of a business or corporation that provides immigration assistance, or services including immigration assistance; and
the other individual is an employee of the business or corporation.

The note under paragraph 22(3)(b) provides that Immigration assistance is defined in section 276 of the Migration Act.

Subsection 22(4) provides that in section 22, employee includes a person engaged as a consultant or as an independent contractor.

The effect of this section of the Regulations is to expand the types of relationships to prevent RMAs who have been barred, suspended or had their registration cancelled (see sections 311A, 291A and 292 of that Act, respectively) from using these additional employment or commercial relationships to continue being involved in the business of providing immigration assistance.

This section of the Regulations substantially replicates former regulation 3U of the 1998 Regulations. Subsection 22(4) expands the meaning of employee in section 6 to include consultants and independent contractors.

Section 23 – Information on the Register of Migration Agents

Section 287 of the Migration Act provides that the MARA must keep a register listing individuals who are registered as migration agents. Subsection 287(2) of that Act lists numerous particulars relating to registered migration agents which must be included in the Register of Migration Agents (the Register).

This section of the Regulations provides for information that the MARA publish on the Register for the purposes of paragraph 287(2)(i) of the Migration Act.

This section of the Regulations provides that for paragraph 287(2)(i) of that Act, the following matters are prescribed:

the RMA’s migration agent registration number;
the RMA’s website address;
the RMA’s mailing address;
the RMA’s email address;
the RMA’s association with each business mentioned in paragraph 287(2)(b) of the Migration Act (whether or not the business is in Australia).

The matters prescribed in this section generally include additional contact information for an RMA. The intent of this section is to ensure that the consumer is not being led to believe that they are being provided immigration assistance by RMAs when they are not.

Section 316 of the Migration Act provides for the functions of the MARA. Paragraphs 316(1)(a) and (h) of that Act provide that as part of its functions, the MARA are to deal with registration applications in accordance with Part 3 of that Act and such other functions as conferred on the MARA by that Part of that Act (respectively). Section 317 of the Migration Act provides that the MARA has power to do all things necessarily or conveniently done for, or in connection, with performance of its functions.

In discharging its functions under this section of the Regulations the MARA collect, store and where authorised to do so, appropriately dispose (see subsection 287(6) of the Migration Act) of an RMA’s personal information through the Register, which is available on the MARA’s website.

This section of the Regulations is similar to former regulation 3V of the 1998 Regulations.

Section 24 – Publication of names of former registered migration agents

Subsection 287(3A) of the Migration Act provides that the MARA must keep records to show what was in the Register of Migration Agents from time to time and particulars of any cancellation or suspension of an RMA’s registration or of any caution given to an RMA.

This section of the Regulations provides for the publication of the name of former RMAs.

This section provides that for the purposes of subsection 287(3A) of the Migration Act:

the prescribed way is by publishing the list on the MARA’s website; and
the prescribed period is not later than 12 months after the date of publication.

The purpose of this section is to ensure that information about former RMAs who have recently ceased to be registered is publicly available. By being publicly available, the risk that consumers will unintentionally retain the services of an unregistered RMA, and therefore be exposed to unprofessional conduct, are reduced.

Similar to sections 25 and 38 information published on the MARA’s website contains relevant personal information, which was previously provided by the agent for the purposes of making an application for registration (see section 288 of the Migration Act) (amongst others) and/ or may have been collected by the MARA for the purposes of Division 4 of Part 3 of that Act (Investigations and decision-making by the MARA) to enable the MARA to make the decision to cancel, suspend or caution that agent (see section 303 of that Act). The disclosure of the relevant personal information within the MARA’s website is reasonable, necessary and proportionate for the purpose of subsection 287A(3A) of the Act and this section of the Regulations.

This section of the Regulations replicates former regulation 3W of the 1998 Regulations.

Section 25 – Removal of disciplinary details from the Register of Migration Agents

Subsection 287(6) of the Migration Act provides that the MARA must remove the details within the period worked out in accordance with the regulations.

This section of the Regulations provides for disciplinary details to be removed from the Register.

This section provides that for the purposes of subsection 287(6) of the Migration Act, the prescribed period is 14 days after the suspension or the caution ceases to have effect.

The period prescribed is a reasonable period of time within which the MARA is required to remove this information from the Register.

This section of the Regulations replicates the prescribed period for disciplinary details to be removed from the Register within former regulation 3X of the 1998 Regulations.

Section 26 – Applications—publishing requirement

Section 288 of the Migration Act provides for application for registration as an RMA.

Subsection 288(2) of the Migration Act provides that the applicant may withdraw an application by giving notice in writing to the MARA. However, the applicant is not entitled to a refund of the registration application fee paid in relation to the application.

This section of the Regulations provides for the publishing requirements of applications to become an RMA.

This section of the Regulations provides that for the purposes of subsection 288(2) of the Migration Act, the prescribed period is 3 years.

The purpose of this section is to ensure that applicants for repeat registration will not be required to satisfy the publishing requirements if the application for registration is made within the period of 3 years following the end of their last registration period.

See section 4 for the definition of repeat registration.

This section of the Regulations replicates former regulation 3XAA of the 1998 Regulations.

Section 27– Time of registration application

Subsection 288(3) of the Migration Act provides that a registration application is to be in a form approved in writing by the MARA and contain such information relevant to the application as is required by the form.

Subsection 288(4) of the Migration Act provides that the day on which a registration application is taken to have been made is the day worked out in accordance with the regulations.

The term ‘registration applicant’ is defined in section 275 of the Migration Act to mean an application to be registered as a migration agent.

This section of the Regulations provides that for the purposes of subsection 288(4) of the Migration Act, the day on which a registration application is taken to have been made is the day that is the earliest of the following:

the day the application is received electronically by the Authority;
the day the application is received in the Authority’s post office box.

This section expressly provides for the time of the registration application.

The purpose of this section, in conjunction with subsection 288(4) of the Migration Act, is to provide both the MARA and registered migration agents with greater certainty. It also aims to clarify whether a registered migration agent's application has been received prior to the expiry of their current registration year. Section 300 of that Act enables an RMA who submits their application for re-registration prior to the expiry of their previous registration, to remain registered while the MARA processes their application. The intent of this section is to modernise the former regulation 3Y of the 1998 Regulations to ensure that it is consistent with other legislation such as regulation 1.03 of the Migration Regulations definition of ‘approved form’.

Section 28 – Publication of notice of intention to apply for registration

This section of the Regulations provides for when an individual publishes a notice of intention (the notice) to apply for registration as a migration agent.

Subsections 288A(2) and 288A(3) of the Migration Act set out an individual’s two publishing options for the purposes of subsection 288(2) of that Act. The first option, in subsection 288A(2), is for the individual to publish in the prescribed way a notice stating their intention to apply for RMA registration. The second option, in subsection 288A(3), is for the joint individuals to publish in the prescribed way a single notice setting out the same information as in subsection 288A(2). Anyone may give MARA a written objection to this registration within 30 days after the notice is published (including repeat publication).

Subsection 28(1) provides that for the purposes of subsections 288A(2) and (3) of the Migration Act:

an individual; or
two or more individuals who are employees of the same employer;

must publish the notice in the way set out in section 28.

Subsection 28(2) provides that the notice must include the following information about the individual or each of the individuals:

full name;
any other name by which the individual is or has been known;
citizenship;
a mailing address;
if the individual intends to work as an employee:

the employer’s business name (if any); and
the employer’s name and address for correspondence; and
the employer’s business address;

if the individual does not intend to work as an employee:

the business name (if any) that the individual is proposing to use; and
the individual’s address for correspondence.

Subsection 28(3) provides that the notice must also state:

the address of the Authority for correspondence; and
that information about other applicants can be found on the Authority’s website.

Subsection 28(4) provides that however, subsections 28(2) and 28(3) do not require the individual or each of the individuals to include the same address more than once.

Subsection 28(5) provides that the notice must be published on the Authority’s website for a total of at least 30 days.

In practice, the notice would be published on the applicant’s page within the Authority’s website.

The note under subsection 28(5) provides that the URL for the Authority’s website is http://www.mara.gov.au and, that in 2026 it could be viewed on the Authority’s website.

The effect of this section is to enable an individual, or two or more individuals who are employees of the same employer, to comply with the publishing requirements detailed in subsection 288A(2) or (3) of the Migration Act. The individual/s must publish a notice of intention to apply for registration as a migration agent on the Authority’s website. These notices must include the information mentioned in subsection 28(2) and (3). The purpose of publishing this information on the Authority’s website is to enable members of the community to object to that individual’s or individuals’ intent to be registered as a migration agent through providing a written objection to the MARA within 30 days of the relevant notice being published.

The collection, use, storage and disclosure of the individuals mentioned in paragraphs 28(1)(a) and (b) personal information is reasonable, necessary and proportionate, having regard to the purpose and the objective of the publishing requirements detailed in subsections 288A(2) or (3) of that Act and this section of the Regulations and the relevant privacy obligations under the Privacy Act 1988 (Privacy Act).

This section of the Regulations substantially replicates former regulation 4 of the 1998 Regulations. Subsections 28(2) to (4) relies on section 504 of the Migration Act. The intent of this section of the Regulations is to modernise that former regulation of the 1998 Regulations to ensure it is consistent with other legislation within the Migration Agent legislative framework.

Section 29 – Requirement to provide further information

Paragraph 288B(2)(a) of the Migration Act provides that the MARA may, require the RMA applicant to provide information in relation to their application to the MARA within a period prescribed for the purposes of that provision of that Act (or that period as extended under subsection 288B(5)) and stated in the notice (see subsection 288B(2)) a statutory declaration and any other specified documents (see paragraphs 288B(2)(a)(i)-(ii)).

This section of the Regulations provides that for the purposes of paragraph 288B(2)(a) of the Migration Act, the prescribed period is 28 days.

The purpose of this section is to prescribe a timeframe by which an applicant will be required to provide further information.

This section of the Regulations replicates former regulation 4A of the 1998 Regulations.

Section 30 – Prescribed qualifications

Paragraph 289A(1)(b) of the Migration Act provides that provision of that Act applies to an RMA applicant whose registration application is made after the end of a period, prescribed for the purposes of paragraph 289A(1)(b), immediately after that end of that applicant’s most recent period of registration.

Paragraphs 289A(2)(a) and (b) of the Migration Act provides that the RMA applicant must not be registered unless the MARA is satisfied that applicant has:

completed a course prescribed for the purposes of paragraph 289A(2)(a); and
passed an examination, prescribed for the purposes of paragraph 289A(2)(b), within a prescribed period before the date of the registration application.

This section of the Regulations prescribes qualifications an RMA is required to hold.

Subsection 30(1) provides that for the purposes of paragraph 289A(1)(b) of the Migration Act, the prescribed period is 3 years.

The effect of this subsection is that applicants who apply more than 3 years after the end of their most recent period of registration are required to meet the academic and vocational requirements in section 30 of the Regulations.

An application made within 3 years of the applicant’s most recent period of registration will be considered a repeat registration application, and subject to different requirements.

Subsection 30(2) provides that for the purposes of paragraph 289A(2)(a) of the Migration Act, the prescribed course is a course specified under subsection 30(4).

Subsection 30(3) provides that for the purposes of paragraph 289A(2)(b) of the Migration Act:

the prescribed examination is an examination specified under subsection 30(4); and
the Minister may, under subsection 30(4), specify a minimum pass mark for the examination; and
the prescribed period is the period specified under subsection 30(4).

Subsection 30(4) provides that the Minister may, by legislative instrument, specify a matter for the purposes of subsection 30(2) or 30(3) .

The note under subsection 30(4) provides that the instrument (made by the Minister under subsection 30(4)) may make different provision with respect to different matters or different classes of matters (see subsection 33(3A) of the Acts Interpretation Act 1901 (the Acts Interpretation Act), as applied by subsection 13(1) of the Legislation Act). For example, the instrument could specify different examinations for different classes of persons.

Subsection 33(3A) of the Acts Interpretation Act provides that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by‑laws) with respect to particular matters (however the matters are described), the power shall be construed as including a power to make, grant or issue such an instrument with respect to some only of those matters or with respect to a particular class or particular classes of those matters and to make different provision with respect to different matters or different classes of matters.

Subsection 13(1) of the Legislation Act provides that if enabling legislation confers on a person the power to make a legislative instrument or notifiable instrument, then, unless the contrary intention appears:

the Acts Interpretation Act applies to any instrument so made as if it were an Act and as if each provision of the instrument were a section of an Act; and
expressions used in any instrument so made have the same meaning as in the enabling legislation as in force from time to time; and
any instrument so made is to be read and construed subject to the enabling legislation as in force from time to time, and so as not to exceed the power of the person to make the instrument.

It is intended for the Minister to be able to specify the relevant academic and vocational requirements in a legislative instrument. This sub-delegation is consistent with the sub-delegation under former regulation 5 of the 1998 Regulations. This is authorised by subsection 504(2) of the Migration Act, which provides that section 14 of the Legislation Act does not prevent regulations whose operation depends on a matter being specified or certified by the Minister in an instrument in writing made under the regulations after the commencement of those regulations.

Allowing the Minister to specify the relevant academic and vocational requirements gives recognition to the fact that providers of courses, and the educational requirements themselves, can change from time to time. This avoids creating any unnecessary legislative burden by requiring a change to these requirements each time there is a course change.

The intent of this section is to provide for a potential gap in the availability of the prescribed course providers for any reason and to ensure prospective RMAs have options to become accredited.

This section of the Regulations replicates former regulation 5 of the 1998 Regulations.

Section 31 – Continuing professional development

Subsection 290A(1) of the Migration Act provides that section 290A applies in relation to an RMA applicant who has been registered at sometime within the period, immediately before making the registration application, that is prescribed for the purposes of subsection 290A(1).

Subsection 290A(2) of the Migration Act provides that the RMA applicant must not be registered if the MARA is satisfied that applicant has not met, within the period prescribed for the purposes of subsection 290A(2), the prescribed requirements for continuing professional development (CPD) of RMAs.

This section of the Regulations provides for the prescribed CPD requirements (see subsection 290A(2) of the Migration Act) that an RMA applicant is required to have met within the prescribed period (see subsection 31(1)).

Subsection 31(1) provides that for the purposes of subsection 290A(1) of the Migration Act, the prescribed period is 3 years.

The note under subsection 31(1) provides that the effect of subsection 290A(1) of the Migration Act, combined with subsection 31(1), is that section 290A of that Act (which relates to CPD requirements) applies to RMA applicants for repeat registration as defined in section 4.

Subsection 31(2) provides that for the purposes of subsection 290A(2) of the Migration Act, the requirements for continuing professional development are that:

the applicant completes CPD activities worth at least 10 points; and

the completed activities include activities specified in an instrument made under section 5 of the Regulations as mandatory for the applicant and worth at least the minimum number of points specified in the instrument for such activities.

Subsection 31(3) provides that for the purposes of subsection 290A(2) of the Migration Act the period is:

the 12 months ending on the day the application was made; or
if the Authority is satisfied that the applicant did not meet a requirement in subsection 31(2) of the Regulations 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.

Subsection 31(4) provides that points counted for the purposes of deciding an application cannot be counted again for the purposes of deciding a later application.

The intent of this section is to ensure the provision is remade to be fit for purpose.

This section of the Regulations substantially replicates former regulation 6 of the 1998 Regulations. Subregulations 6(4) and (5) of the 1998 Regulations have been repealed. The policy intent of the repeal of those former provisions of the 1998 Regulations is to ensure that RMAs are responsible for ensuring that they meet their CPD requirements (such as subsection 31(2), above), rather than the MARA.

Section 32 – Continuing professional development—lawyers who hold practising certificates

This section of the Regulations provides that section 31 does not apply in relation to an application for registration if, at the time of making the application, the applicant is a restricted legal practitioner.

The note under section 32 provides a restricted legal practitioner must satisfy the continuing professional development requirements of the relevant legal professional association. Under section 275 of the Migration Act, a restricted legal practitioner is defined as an Australian legal practitioner with a restricted practising certificate.

This section of the Regulations replicates the former regulation 6A of the 1998 Regulations.

Section 33 – Prescribed professional indemnity insurance

Subsection 292B(1) of the Migration Act provides that an applicant must not be registered unless the MARA is satisfied that the individual has professional indemnity insurance (PII) of a kind prescribed by the regulations.

This section of the Regulations prescribes, for the purposes of subsection 292B(1) of the Migration Act, the PII that the MARA must be satisfied that an applicant for registration as a migration agent has, before the person may be registered as a migration agent.

Subsection 33(1) provides that for the purposes of subsection 292B(1) of the Migration Act, professional indemnity insurance for at least $250,000:

held by an individual; or
held by an organisation of which the individual is a director, employee or member;

is prescribed.

Subsection 33(1) of the Regulations makes it a mandatory requirement for registration as a migration agent that the applicant, or the person who is a director or member of an organisation as well as a person specified in subsection 33(2), holds PII cover for at least $250,000.

Subsection 33(2) provides that in section 33 of the Regulations:

employee includes:

a person engaged as a consultant or as an independent contractor; and
a person engaged as a volunteer.

Subsection 33(2) of the Regulations clarifies that PII held by an organisation can cover contractors and volunteers, if they do not have their own insurance.

This section of the Regulations is similar to the former regulation 6B of the 1998 Regulations. The current provision requires PII cover for at least $250,000, rather than the former provision, which required PII cover of at least $250,000.

Section 34 – Registration application—Australian permanent resident

Paragraph 294(1)(b) of the Migration Act provides that an RMA applicant must not be registered unless the individual is an Australian permanent resident within the meaning of the regulations.

This section of the Regulations provides that for the purposes of paragraph 294(1)(b) of that Migration Act, Australian permanent resident means a non-citizen who is the holder of a permanent visa.

The term ‘permanent visa’ is defined in subsection 5(1) of the Migration Act. That term has the meaning given by subsection 30(1) of that Act.

This section of the Regulations replicates former regulation 6C of the 1998 Regulations.

Section 35 – Publication of statement about a caution, or the cancellation or suspension of registration

Section 305A of the Migration Act provides for the MARA to be able to make any disciplinary decisions (made under section 303 of that Act) about an RMA public.

Paragraph 305A(1)(a) of the Migration Act provides that if an RMA is given notice of a decision under section 303 (Disciplining registered migration agents), then the MARA must as soon as possible make available in the prescribed way a statement that sets out the decision and specifies the grounds for the decision.

This section of the Regulations provides for the publication of a statement about a caution, or the cancellation or suspension of registration as detailed in paragraph 305A(1)(a) of the Migration Act.

Subsection 35(1) provides that for the purposes of paragraph 305A(1)(a) of that Act, the Authority must publish the statement in writing on their website.

The effect of subsection 35(1) is that the statement mentioned in paragraph 305A(1)(a) of the Migration Act must be published on the MARA’s website. The purpose of publishing disciplinary details about a migration agent is to advise the community at large that the migration agent’s registration has been cancelled or suspended, or the agent has been cautioned. Publication of disciplinary details also demonstrates the professional standards and conduct that is expected of migration agents.

Similar to section 24 and 38 of the Regulations, a statement published on the MARA’s website contains relevant personal information, which was previously provided by the agent for the purposes of making an application for registration (see section 288 of the Migration Act) (amongst others) and / or may have been collected by the MARA for the purposes of Division 4 of Part 3 of that Act to enable the MARA to make the decision to cancel, suspend or caution that agent (see section 303 of that Act). The disclosure of the relevant personal information in that statement is reasonable, necessary and proportionate for the purpose of paragraph 305A(1)(a) of the Migration Act and subsection 35(1) of the Regulations.

Section 332C of the Migration Act provides for the removal of disciplinary details about RMAs from the Register. Subsection 332C(2) of that Act provides that the MARA must remove the details within the period worked out in accordance with the regulations.

Subsection 35(2) provides that for the purposes of subsection 332C(2) of the Migration Act, the Authority must remove the statement within:

for a statement about a caution—the period mentioned in subsection 35(3) of the Regulations; or
for a statement about a suspension—the period of 5 years after the day that the statement was made available; or
for a statement about a cancellation—the period of 10 years after the day that the statement was made available.

Subsection 35(3) provides that for the purposes of paragraph (35)(2)(a) of the Regulations, the period:

starts on the earlier of:

the day that the particulars of the caution are removed from the Register in accordance with subsection 287(5) of the Migration Act; or
the day of the expiry of the agent’s registration; and

ends 12 months after that day.

Subsection 287(5) of the Migration Act provides that the Authority must remove from the Register the following details:

particulars of any suspension of a registered migration agent’s registration (if the suspension is no longer in effect) (see paragraph 287(5)(a));
particulars of any caution given to such an agent (if the caution is no longer in effect) (see paragraph 287(5)(b)).

The intent of subsections 35(2) and (3) is to provide for the period of when the MARA must remove the relevant disciplinary details of an agent from the Register for the purposes of section 332C and/ or subsection 287(5) of the Migration Act.

This section of the Regulations is similar to former regulation 7 of the 1998 Regulations. However, for subsection 35(2) of the Regulations purposes, the statement about a caution must be published by the MARA on the Register after one of the days mentioned in paragraph 35(3)(a)(i) or (ii) occurs and ends 12 months after that day, rather than not later than 12 months after (see former regulation 7 of the 1998 Regulations). This enables the MARA to remove the disciplinary decision from the Register at the same time the condition/s cease.

The period of time mentioned in this section of the Regulations accords with section 36 (Calculating time) of the Acts Interpretation Act.

Section 36 – Requiring registered migration agents to give information or documents

Section 305C of the Migration Act provides for RMAs being required to give information or documents to the MARA if the MARA is considering refusing that RMA’s application or make a decision under section 303 to cancel, suspend or caution that RMA. Subsection 305C(2) of that Act provides that the MARA may, by written notice given to the RMA, require that RMA to provide the MARA with prescribed information or prescribed documents within the specified period and in the specified manner.

This section of the Regulations provides for the purposes of subsection 305C(2) of the Migration Act:

prescribed information, for each of the RMA’s clients, or each client of the business or corporation which employs that RMA, is:

the client’s contact information; and
the client number or Department file number; and
the client reference number issued by that RMA; and
the client’s date of birth; and

prescribed documents are:

copies of the client files of the RMA, or of the business or corporation which employs that RMA; and
copies of client ledgers, client account documents, and any other financial documents which relate to money paid by or owed to clients of the RMA, or clients of the business or corporation which employs that RMA.

This is section of the Regulations replicates former regulation 7A of the 1998 Regulations.

Section 37 – Stay orders—prescribed supervisory requirements

Section 306AA of the Migration Act provides that if the Administrative Review Tribunal (ART) or a court orders a stay of a decision under section 303 to cancel or suspend an RMA’s registration, it is taken to be a condition of the order that the prescribed supervisory requirements apply in relation to that RMA during the period of the order.

This section of Regulations provides for the prescribed supervisory requirements for the purposes of section 306AA of that Act.

Subsection 37(1) provides that for the purposes of section 306AA of the Migration Act, the supervisory requirements mentioned in subsections 37(2), (3), (4) and (5) of the Regulations are prescribed.

Subsection 37(2) provides that the RMA who benefits from the stay of a decision to either cancel or suspend their registration (the supervised agent) must be supervised by another registered migration agent (the supervising agent).

Subsection 37(3) provides that the supervising agent must have at least 5 years’ experience as an RMA, being a period that does not include any time during which:

the RMA’s registration was suspended; or
the RMA was subject to a caution that was in effect.

Subsection 37(4) provides that the supervising agent must not:

be the subject of a complaint in relation to which the Authority is considering the cancellation or suspension of the supervising agent’s registration, or cautioning the supervising agent, or refusing an application for registration by the supervising agent; or
be subject to any disciplinary action; or
be employed by the business or corporation that employs the supervised agent.

Subsection 37(5) provides that the supervising agent must:

meet with or telephone any client of the supervised agent within 28 days of the supervised agent agreeing to represent the client, and explain the supervising agent’s role; and
make file notes of all meetings with any client of the supervised agent; and
check any new visa or review application, and the client’s file, prior to lodging by the supervised agent; and
check preparations for any ART hearing involving the supervised agent, and attend the hearing with the supervised agent; and
work directly and regularly (at least once every 21 calendar days) with the supervised agent to ensure compliance with the Code of Conduct prescribed for the purposes of subsection 314(1) of the Migration Act; and
notify the Authority in writing within 14 days after agreeing to supervise the supervised agent; and
notify the Authority in writing within 14 days after ceasing to supervise the supervised agent.

This section of the Regulations replicates former regulation 7B of the 1998 Regulations.

Section 38 – Publication of statement about barring former agents from registration

Section 311C of the Migration Act provides for making disciplinary details publicly available. Paragraph 311C(1)(a) of that Act provides that if a former RMA is given notice of a decision under section 311A (Barring former RMA from being registered for up to 5 years), then the MARA must as soon as possible make available in the prescribed way a statement that sets out the decision and specifies the grounds for the decision.

Subsection 38(1) of the Regulations provides that for the purposes of paragraph 311C(1)(a) of the Migration Act, the Authority must publish the statement in writing on the Authority’s website. The purpose of these publishing requirements is to advise the community at large that the migration agent’s registration has been barred. Publication of disciplinary details demonstrates the professional standards and conduct that is expected of RMAs.

Similar to sections 24 and 35 of the Regulations, a statement published on the MARA’s website contains relevant personal information, which was previously provided by the agent for the purposes of making an application for registration (see section 288 of the Migration Act) (amongst others) and/ or may have been collected by the MARA for the purposes of Division 4 of Part 3 of that Act to enable the MARA to make the decision to bar an agent (see section 311A of that Act). The disclosure of the relevant personal information in that statement is reasonable, necessary and proportionate for the purpose of paragraph 311C(1)(a) of the Act and subsection 38(1) of the Regulations.

Section 332D of the Migration Act provides for removing disciplinary details about former RMAs. Subsection 332D(2) of that Act provides that no action or other proceeding for damages lies against a person in respect of loss, damage or injury of any kind suffered by another person because of any of the following acts done in good faith:

the making of a complaint to the Department of Home Affairs (the Department) in relation to the provision of immigration assistance by a person who is not an RMA;
the making of a statement to, or the giving of a document or information to, the Department in connection with the investigation of such a complaint;
the investigation of such a complaint.

Subsection 38(2) provides that for the purposes of subsection 332D(2) of the Migration Act, the Authority must remove a statement (published on its website under subsection 38(1)) within the period of 10 years after the date that statement was made.

This section of the Regulations replicates former regulation 7E of the 1998 Regulations.

Section 39 – Requiring former registered migration agents to give information or documents

Section 311EA of the Migration Act provides for requiring former RMAs to give information or documents to the MARA, where the MARA are considering making a decision under section 311A to bar a former RMA from being an RMA for a period of time. Subsection 311EA(2) of that Act provides that the MARA may, by written notice given to the former RMA, require that RMA to provide the MARA with prescribed information or prescribed documents within the specified period and in the specified manner.

This section of the Regulations provides that for the purposes of subsection 311EA(2) of the Migration Act:

prescribed information, for each of the former RMA’s clients, or each client of the business or corporation which employs that RMA, is:

the client’s contact information; and
the client number; and
the Department file number; and
the client’s date of birth; and

prescribed documents are:

copies of the client files of the former RMA or of the business or corporation which employs that RMA; and
copies of client ledgers, client account documents, and any other financial documents, which relate to money paid by or owed to clients of the former RMA, or clients of the business or corporation, which employs that RMA.

This section of the Regulations replicates former regulation 7F of the 1998 Regulations.

Section 40 – Method of notification of giving of immigration assistance to visa applicants

Section 312A of the Migration Act provides that if:

an RMA gives immigration assistance to a visa applicant in relation to the visa application; and
that RMA gives the assistance after having agreed to represent the applicant;

that RMA must notify the Department in accordance with the regulations and within the period worked out in accordance with the regulations.

The term ‘immigration assistance’ is defined in section 275 of the Migration Act (see section 276 of that Act).

This section of the Regulations provides for the method of notification by RMAs to the Department of that RMA giving immigration assistance to visa applicants.

Subsection 40(1) provides that for the purposes of subsection 312A(1) of the Migration Act, the RMA must notify the Department by:

sending any approved form to the Department that indicates that the agent represents the visa applicant; or
sending a letter to the Department that:

is dated; and
is signed by the agent; and
includes the name of the visa applicant; and
includes the visa applicant’s client number or Department file number (if known); and
includes the agent’s migration agent registration number.

Subsection 40(2) provides that the RMA must notify the Department either:

if the agent agrees to represent the visa applicant in relation to a visa application before the visa application is made—within the period beginning at the time the agent agrees to represent the applicant and ending at the time the visa application is made; or
if the agent agrees to represent the visa applicant in relation to a visa application after the visa application is made—within the period of 28 days after the day the agent agrees to represent the applicant.

Subsection 40(1) is similar to former subregulation 7G(1) of the 1998 Regulations. Subsection 40(2) of the Regulations clarifies the time period within which an RMA must comply with the notification requirements mentioned in subsection 40(1).

Section 41 – Method of notification of giving of immigration assistance to review applicants

Section 312B of the Migration Act provides that if:

an RMA gives immigration assistance to a person in respect of a review application made by the person; and
that RMA gives the assistance after having agreed to represent the person;

that RMA must notify the ART in accordance with the regulations and within the period worked out in accordance with the regulations.

This section of the Regulations provides for the method of notification by RMAs to the Department of that RMA giving immigration assistance to review applicants.

The term ‘review applicant’ is defined in subsection 312B(3) of the Migration Act to mean an application by the ART of a decision to refuse to grant a person a visa.

Subsection 41(1) provides that for the purposes of section 312B of the Migration Act, an RMA must notify the ART by:

submitting a form to the ART in connection with the review application that indicates that the agent represents the review applicant; or
sending a letter to the ART that:

is dated; and
is signed by the agent; and
includes the name of the review applicant; and
includes the agent’s migration agent registration number.

Subsection 41(2) provides that an RMA must notify the ART in relation to subsection 41(1):

if the agent agrees to represent the person in relation to a review application before the review application is lodged—within the period beginning at the time the agent agrees to represent the person and ending at the time the review application is lodged with the ART; or
if the agent agrees to represent the person in relation to a review application after the review application is lodged—within the period of 28 days after the day the agent agrees to represent the person.

The note under subsection 41(2) clarifies that notification requirements apply to review applications, and the definition of review application to mean an application for review by the ART of a decision to refuse to grant a person a visa (see subsection 312B(3) of the Migration Act).

Subsection 41(1) is similar to former subregulation 7H(1) of the 1998 Regulations. Subsection 41(2) of the Regulations clarifies the time period within which an RMA must comply with the notification requirements mentioned in subsection 41(1).

Section 42 – Statement of services

Section 313 of the Migration Act provides for persons charged for services to be given detailed statement of services by RMAs. Paragraph 313(3)(c) of that Act provides that an assisted person may recover the amount of a payment as a debt due to that person, if that person:

made the payment to an RMA for giving immigration assistance; and
did not receive a statement of services before making the payment; and
does not receive a statement of services within the period worked out in accordance with the regulations.

The term ‘immigration assistance’ is defined in section 275 of the Migration Act (see section 276 of that Act).

This section of the Regulations provides for the statement of services for the purposes of paragraph 313(3)(c) of the Migration Act.

This section of the Regulations provides for the purposes of paragraph 313(3)(c) of the Migration Act, the period is 28 days beginning on:

the day the decision, in relation to the immigration assistance, is made about:

a visa application; or
a cancellation review application; or
a nomination or sponsorship application; or
a request to the Minister to exercise the Minister’s power under section 351 of the Migration Act; or

if the immigration assistance is covered by a service agreement and the service agreement ends before a decision mentioned in paragraph 42(a) is made—the day the service agreement ends.

The intent of this section of the Regulations is to require an RMA to provide a statement of services to an assisted paying client within 28 days beginning on either of the events mentioned in paragraphs 42(a) or (b) in relation to that service agreement.

This section of the Regulations is similar to former regulation 7I of the 1998 Regulations.

Paragraph 42(a) replicates that former provision of the 1998 Regulations, without the repealed provisions of the Migration Act (see former paragraph 7I(d) of the repealed 1998 Regulations).

Paragraph 42(b) of the Regulations clarifies that an RMA is required to provide a paying client with a statement of services within 28 days from the day the service agreement ends, where the immigration assistance is covered by a service agreement and the service agreement ends before a decision mentioned in paragraph 42(a) is made.

Section 43 – Guides

This section of the Regulations provides for guides, such as the consumer guide (see subsection 43(1)).

Subsection 43(1) provides that the Authority must arrange for the production of a consumer guide that the Authority is satisfied will adequately inform potential clients of an RMA about:

the migration advice profession; and
the functions of the Authority and the legislation regulating the profession; and
what a client can reasonably expect from an RMA; and
complaint procedures.

Subsection 43(2) provides that the Authority may also arrange for the production of other guides to provide information to potential clients of registered migration agents.

The intent of this section of the Regulations is to provide RMAs with current information as detailed in paragraphs 43(1)(a) to (b) of those Regulations to enable them to discharge their duty under section 38 of the Code (Duty to give consumer guides to clients) and to ensure an agent’s client and the greater community understand their rights and protections that are afforded to them.

This section of the Regulations relies on section 504 of the Migration Act.

The guides, such as the consumer guide mentioned in subsection 43(1) of the Regulations are not intended to be legislative instruments (see subparagraph 8(6)(a) of the Legislation Act).

The consumer guide and any guides published by the MARA in accordance with subsection 43(2) of the Regulations is available on the MARA’s website (see section 38 of the Code of Conduct).

Subsection 43(1) of the Regulations is similar to former regulation 9A of the 1998 Regulations.

Subsection 43(2) of the Regulations expands the type of guides to provide information to potential clients of registered migration agents.

Section 44 – Disclosure of personal information by the Authority

Subsection 321A of the Migration Act provides for disclosure of personal information by the MARA about an RMA or an inactive RMA to certain recipients (see subsection 321A(1)). Subsection 321A(2) of that Act provides that however, the MARA may do so only in the prescribed circumstances.

This section of the Regulations provides for the prescribed circumstances for the purposes of subsection 321A(2) of the Migration Act.

Subsection 44(1) provides that for the purposes of subsection 321A(2) of the Migration Act, each of the following is a prescribed circumstance:

an RMA, or an inactive migration agent, is currently under investigation for possible offences under the Migration Act;
a client of an RMA, or an inactive migration agent, is currently under investigation for possible offences under the Migration Act;
an RMA, or an inactive migration agent, has been sanctioned by the Authority;
the personal information is required to allow the Secretary, an authorised officer or the ART to collect information about the conduct of RMAs, or inactive migration agents.

The following terms are defined in the Migration Act:

personal information has the same meaning as in the Privacy Act 1988 (see subsection 5(1));
‘registered migration agent’ (see section 4);
‘inactive migration agent’ (see section 306B); and
authorised officer, when used in a provision of the Migration Act, means an officer authorised in writing by the Minister, the Secretary or the Australian Border Force Commissioner for the purposes of that provision (see subsection 5(1)).

Subsection 44(1) repeals former paragraphs 9B(1)(c) and (d) of the repealed 1998 Regulations. The intent of this amendment to those former provisions of those Regulations is that the MARA is considered to be part of the Department.

The MARA is defined in section 275 of the Migration Act as Migration Agents Registration Authority means the body mentioned in section 315.

Subsection 315(1) of that Act provides that the MARA is the body established within the Department to administer Part 3 of that Act. Subsection 315(2) of that Act provides that a power or function expressed under Part 3 to be given to the MARA may only be exercised or performed by the Minister, or by a delegate of the Minister under section 320.

Section 320 of the Migration Act provides:

that the Minister may delegate any of the powers or functions given to the MARA under Part 3 of that Act to an APS employee in the Department.
A delegation must be in writing signed by the Minister.
If the Minister delegates a power or function of the MARA, the Minister may disclose to the delegate personal information to help the delegate exercise the power or perform the function.

In accordance with the provisions of the Migration Act, MARA officials are considered to be employees of the Department and former paragraphs 9B(1)(c) and (d) of the 1998 Regulations are considered to be redundant.

Subsection 321A(3) of the Migration Act provides that the regulations may prescribed circumstances in which the recipient may use or disclose personal information disclosed under subsection 321A(1).

Subsection 44(2) provides that for the purposes of subsection 321A(3) of that Act, the recipient may disclose personal information disclosed under subsection 321A(1) to a relevant professional body if:

the information is about the conduct of an RMA or an inactive migration agent; and
the recipient believes that that conduct may be of concern to the relevant professional body.

Subsection 44(3) provides that for the purposes of subsection 44(2), relevant professional body means a professional body of which an RMA is or was a member. By way of example, the relevant professional body the RMA was or is a member of could include the Migration Institute Australia or Migration Alliance.

The information provided in accordance with section 321A of the Migration Act in the circumstances prescribed in this section of the Regulations allow the Department or the ART to access personal information about RMAs or inactive migration agent from the MARA to more effectively monitor the migration advice industry and facilitate investigations against RMAs or inactive agents.

Section 45 – Disclosure of personal information by the Secretary

Section 332F of the Migration Act provides for the disclosure of personal information by the Secretary. Subsections 332F(1) and (2) of that Act provides that the Secretary may disclose personal information about a registered migration agent, or an inactive migration agent, to the ART. However, the Secretary may do so only in the prescribed circumstances (respectively).

This section of the Regulations provides for the disclosure of personal information by the Secretary.

Subsection 45(1) of the Regulations provides that for the purposes of subsection 332F(2) of the Migration Act, each of the following is a prescribed circumstance:

an RMA, or an inactive migration agent, is currently under investigation for possible offences under that Act;
a client of an RMA, or an inactive migration agent, is currently under investigation for possible offences under that Act;
an RMA, or an inactive migration agent, has been sanctioned by the Authority;
the personal information is required to allow the ART to collect information about the conduct of RMAs, or inactive migration agents.

Subsection 45(1) prescribes, for subsection 332F(2) of the Migration Act, the circumstances when the Secretary may disclose personal information about an RMA, or an inactive migration agent (as defined in section 306B of that Act).

Subsection 45(1) repeals former paragraphs 9C(1)(c) and (d) of the1998 Regulations. The intent of this amendment to those former provisions of those Regulations is that the MARA is considered to be part of the Department.

Subsection 45(2) provides that for the purposes of subsection 332F(3) of the Migration Act, the ART may disclose personal information disclosed under subsection 332F(1) of that Act to a relevant professional body if:

the information is about the conduct of an RMA or an inactive migration agent; and
the ART believes that that conduct may be of concern to the relevant professional body.

Subsection 45(3) provides that for the purposes of subsection 45(2), relevant professional body means a professional body of which the agent is or was a member.

Subsection 332F(3) of the Migration Act provides that the regulations may prescribe circumstances in which the ART may use or disclose personal information disclosed under subsection 332F(1) of that Act.

The information provided in accordance with section 332F of the Migration Act in the circumstances prescribed in subsection 45(2) of the Regulations allows the ART to access personal information about RMAs from the Department, which can be disclosed to relevant professional bodies (as defined in subsection 45(3)) to more effectively monitor the migration advice industry and facilitate investigations against RMAs.

Section 46 – Disclosure of personal information by the ART

Subsection 332G(1) of the Migration Act provides that the ART may disclose personal information about an RMA, or an inactive migration agent, to the Secretary or an authorised officer. Subsection 332G(2) of that Act provides that however, the ART may do so only in the prescribed circumstances.

This section of the Regulations provides for the prescribe circumstances for the purposes of subsections 332G(2) and (3) of the Migration Act.

Subsection 46(1) provides that for the purposes of subsection 332G(2) of the Migration Act, each of the following is a prescribed circumstance:

an RMA, or an inactive migration agent, is currently under investigation for possible offences under the Migration Act;
a client of an RMA, or an inactive migration agent, is currently under investigation for possible offences under that Act;
an RMA, or inactive migration agent, has been sanctioned by the Authority;
the personal information is required to allow the Secretary or an authorised officer to collect information about the conduct of RMAs, or inactive migration agents.

Subsection 332G(3) of the Migration Act provides that the regulations may prescribe circumstances in which the Secretary or authorised officer may use or disclose personal information disclosed under subsection 332D(1) of that Act.

Subsection 46(1) repeals former paragraphs 9D(1)(c) and (d) of the 1998 Regulations. The intent of this amendment to those former provisions of those Regulations is that the MARA is considered part of the Department.

Subsection 46(2) provides that for the purposes of subsection 332G(3) of the Migration Act, the Secretary or authorised officer may disclose personal information disclosed under subsection 332G(1) of that Act to a relevant professional body if:

the information is about the conduct of an RMA or an inactive migration agent; and
the Secretary or authorised officer believes that that conduct may be of concern to the relevant professional body.

The following terms are explained above:

‘registered migration agent’ (see section 4); and
‘authorised officer’, ‘inactive migration agent’ and ‘personal information’ (see section 44).

Subsection 46(3) provides that for the purposes of subsection 46(2), relevant professional body means a professional body of which the RMA is or was a member.

Subsection 46(1) of the Regulations prescribes, for subsection 332G(2) of the Migration Act, the circumstances when the ART may disclose personal information about an RMA, or an inactive migration agent (as defined in section 306B of that Act) to the Secretary or an authorised officer.

The information provided in accordance with section 332G of the Migration Act in the circumstances prescribed in this section of the Regulations allows the Department to access personal information about RMAs from the ART, and disclose that information to relevant professional bodies (as defined in subsection 46(3)), to more effectively monitor the migration advice industry and facilitate investigations against RMAs.

Part 4—Approval of CPD Providers

Section 47 – Purpose of this Part

Section 290A of the Migration Act provides for when an RMA applicant (initial or for repeat registration) must not be registered by the MARA if that applicant’s continuing professional development requirements are not satisfied.

This section of the Regulations provides that Part 4 of these Regulations is made for the purposes of section 290A of that Act.

Section 48 – Application for approval as CPD provider

This section provides for applications for approval as a CPD provider.

Section 48(1) of the Regulations provides that a person may apply to the Minister for approval as a CPD provider.

Section 48(2) of the Regulations provides that the application must be:

in the form approved in writing by the Minister; and
accompanied by the fee (if any) determined under subsection 48(3) for the purposes of paragraph 48(2)(b).

Subsection 48(3) provides that the Minister may, by legislative instrument, determine a fee for the purposes of paragraph 48(2)(b).

Section 2C of the Acts Interpretation Act defines person to include individuals (natural persons) as well as bodies politic and bodies corporate. Bodies corporate include statutory corporations, companies and incorporated associations.

The effect of this section is that the Regulations do not limit the business structure of an entity who may apply to be a CPD provider.

A legislative instrument which prescribes or approves a form is not a legislative instrument (see item 6 of the table in subsection 6(1) of the Legislation (Exemptions and Other Matters) Regulation 2015.

Subsection 48(1) and paragraph 48(2)(a) replicate former subsection 9M(1) and paragraph 9M(2)(a) of the 1998 Regulations (respectively). Paragraph 48(2)(b) and subsection 48(3) clarify that the fee (if any) (which would accompany the CPD provider application (see paragraph 48(2)(a)) may be determined by the Minister through a legislative instrument made under subsection 48(3), when compared with former paragraph 9M(2)(b) and subregulation 9M(3) of the 1998 Regulations.

Section 49 – Withdrawal of application

This section of the Regulations provides that an applicant may withdraw an application by giving notice in writing to the Minister. However, the applicant is not entitled to a refund of the fee paid in relation to the application.

The intent of section 49 of the Regulations is to enable RMA applicants to be able to withdraw their registration application prior to the MARA making a decision on that application. If an RMA wants to withdrawal their application, they will need to do so through written notice to the MARA. However, they will not be entitled to a refund of the registration application fee, which accompanies their registration application (see subsection 288(7) of the Migration Act).

The following terms are defined in section 275 of the Migration Act:

registration application means and application to be registered as a migration agent; and
registration application fee means charge imposed by section 4 of the Migration Agents Registration Application Charge Act 1997 on a registration application.

Section 50 – Approval of CPD providers

This section of the Regulations provides for the circumstances in which the Minister may approve or not approve an applicant as a CPD provider and the requirement that if the Minister does not approve their applicant as a CPD provider, the Minister must notify that applicant as soon as practicable of the decision and the MARA’s reasons for not approving that applicant’s application, in writing.

The term ‘CPD provider’ is defined in section 4.

Subsection 50(1) provides that the Minister may, in writing, approve a person who has applied in accordance with section 48 as a CPD provider, if that applicant satisfies the Minister that their applicant meets the requirements for approval set out in subsection 51(1).

Subsection 50(2) provides that however, the Minister must not approve that applicant as a CPD provider if the Minister has any reason to doubt that the fit and proper person requirements set out in subsection 51(2) are met.

Subsection 50(3) provides that if the Minister decides not to approve that applicant as a CPD provider, the Minister must notify that applicant as soon as practicable, in writing, of the decision and the reasons for it.

This section of the Regulations replicates former regulation 9N of the 1998 Regulations.

Merits review is not available in relation to decisions to approve or not approve a person as a CPD provider. The Government does not consider that merits review is appropriate in this context, as this provision does not prevent the individual or business from continuing to operate, or to provide CPD courses. The effect of the provision is that if a migration agent attends or completes a CPD course or activity by a provider that is not a CPD provider, then the CPD will not be counted towards the points required for an application for registration by a migration agent, or potential migration agent, under section 31 of the Regulations. Ultimately, it is the responsibility of the person applying for registration as a migration agent to ensure that all requirements are met.

In light of the above, the decision to exclude merits review is consistent with the established grounds for excluding merits review set out in the Administrative Review Council guidance document, What decisions should be subject to merit review? (the ARC guidance document). In particular, the decision would be a decision which has such limited impact that the costs of review cannot be justified (see paragraphs 4.56 and 4.57 of the ARC’s guidance document).

Further, while formal merits review will not be available, applicants will be afforded the opportunity to engage with the MARA in the first instance by responding to the letter from MARA. Judicial review is also available in relation to these decisions. In addition, an applicant whose CPD provider application has been refused is not prohibited from submitting another application. Therefore, the applicant can submit a new application and ensure that they satisfy all of the eligibility requirements. Applicants are able to clarify anything they are unsure about with the MARA.

Section 51 – Requirements to be approved as CPD provider

This section of the Regulations provides for the requirements, including the fit and proper person requirements, for an applicant to be approved as a CPD provider.

The term ‘CPD provider’ is defined in section 4.

Section 51(1) provides that for the purposes of subsection 50(1), the requirements for approval are the following:

either:

the applicant has experience in providing relevant types of learning programs or activities, or has or intends to obtain the services of a person who has such experience; or
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;

the applicant has suitable policies and administrative arrangements in relation to:

learning and assessment; and
evaluation and continuous improvement; and
records management, reporting and privacy; and
handling complaints; and
handling cancellations and refunds; and
support and monitoring of online learning participants;

the applicant has experience in providing, or understands and intends to provide, suitable training infrastructure, materials and resources for activities of a kind specified in the instrument made for the purposes of section 5;
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;
the applicant is suitably qualified, whether formally or by experience, to conduct activities of a kind specified in the instrument made for the purposes of section 5, or has or intends to obtain the services of a person who is suitably qualified.

The term ‘CPD activity’ is defined in section 4.

Subsection 51(2) provides that for the purposes of subsection 50(2), the fit and proper person requirements are that each of the following persons is a fit and proper:

the applicant;
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.

Subsection 51(1) sets out the requirements which a person must satisfy the Minister the person meets, for approval as a CPD provider under subsection 50(1).

The requirements set out in subsection 51(1) of the Regulations relate to core competency areas relevant to delivery of CPD, including the applicant’s experience and qualifications, policies and administrative arrangements in place in relation to relevant aspects of conducting CPD, and ability to deliver training that meets the relevant standards.

Subsection 51(2) provides the fit and proper person requirements for the purposes of subsection 50(2). An applicant for approval as a CPD provider must not be approved if the Minister has any reason to doubt that the fit and proper person requirements will not be met by that relevant applicant.

This section of the Regulations is similar to former regulation 9P of the 1998 Regulations.

Paragraphs 51(1)(c) and (e) insert ‘activities of a kind specified in the instrument made for the purposes of section 5’ to clarify that the relevant experience and qualification/s that a potential CPD provider applicant must hold will be specified in a legislative instrument made under section 5 of the Regulations, when compared with former paragraphs 9P(1)(c) and (e) of those former Regulations. Subsection 51(2) repeals the term ‘and a person of good character, good reputation and integrity’, when compared with former subregulation 9P(2) of the 1998 Regulations. The intent of subsection 51(2) of the Regulations is to clarify the fit and proper person requirements for the purposes of that provision of the Regulations.

Section 52 – Conditions of approval as CPD provider

This section of the Regulations provides for an applicant’s approval as a CPD provider to be subject to compliance with conditions specified by the Minister in the approval, and compliance with the CPD provider standards (which the Minister may specify by legislative instrument).

Subsection 52(1) provides that a person’s approval as a CPD provider is subject to the person’s compliance with:

any conditions specified by the Minister in the approval; and
the standards specified for CPD providers in the CPD provider standards.

Any conditions specified by the Minister in the approval may be specified from time to time as appropriate in the circumstances. Examples could be, but would not be limited to:

a condition relating to when a CPD provider was to commence provision of CPD (for instance, within 6 months of approval); or
the time frames within which CPD should be provided (for instance, CPD delivery could be restricted to a specified number of consecutive hours)); or
the standards specified for CPD providers in an instrument made under subsection 52(2).

Subsection 52(2) provides that the Minister may, by legislative instrument (the CPD provider standards), specify standards to be complied with by CPD providers.

Standards that may be specified include, but are not limited to, standards relating to delivery of CPD, administration, personnel, marketing and advertising of available CPD, evaluation and continuous improvement, and records management and reporting. Providing for these standards to be specified by the Minister in a legislative instrument allows flexibility for them to adjust if required in the light of monitoring their operation and effectiveness over time.

The note under subsection 52(2) provides that standards are specified for the purposes of paragraph 52(1)(b).

Failure to comply with the conditions and standards set out in this section of the Regulations may result in cancellation of approval of a CPD provider.

This section of the Regulations replicates former regulation 9Q of the 1998 Regulations.

Section 53 – Period of approval as CPD provider

This section of the Regulations provides, subject to subsection 54(5), the period in which an applicant’s approval as a CPD provider takes effect and in which it expires.

Subsection 53(1) provides that unless subsection 54(5) applies, an applicant’s approval as a CPD provider takes effect:

on the day the Minister approves that applicant; or
if the Minister approves that applicant 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.

Subsection 53(3) provides for the meaning of the term ‘expiry day’.

The note under paragraph 53(1)(b) provides that if an applicant applies to be an approved CPD provider again while a previous approval is in effect, and the Minister approves that application after the expiry day for the previous approval, subsection 54(5) deals with when the new approval takes effect.

Subsection 53(2) provides that unless continued by subsection 54(3) or cancelled under section 55, an applicant’s approval as a CPD provider continues in effect until the end of its expiry day.

Subsection 53(3) provides that the expiry day for an approval as a CPD Provider is:

the second anniversary of the day the approval took effect; or
if subsection 54(5) applies (Minister approves the application for approval as a CPD Provider 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.

Under paragraph 53(3)(b) the following examples are provided:

Example 1: The Minister approves an applicant for approval as a CPD Provider for the first time on 31 October 2026. The approval takes effect on that day and continues in effect until its expiry day, which is 31 October 2028 (the second anniversary of the day it took effect).
Example 2: The expiry day for an applicant’s approval as a CPD Provider is 31 October 2026. Before that day, the applicant applies to be approved again and the Minister approves that applicant on 10 October 2026. The previous approval continues in effect until the end of 31 October 2026. The new approval takes effect at the end of 31 October 2026 and continues in effect until its expiry day, which is 31 October 2028 (the second anniversary of the day it took effect).

The effect of this section of the Regulations, in conjunction with section 54, is that the term of an approval will be for continuing periods of 24 months from the date of the first approval as a CPD provider, provided that the CPD provider applies for re-approval before the expiry day of the current approval.

This section of the Regulations is similar to former regulation 9R of the 1998 Regulations. Section 53 updates the dates in the examples under former paragraph 9R(3)(b) of the 1998 Regulations.

Section 54 – Automatic continuation of approval as CPD provider until application to be approved again is dealt with

The purpose of this section of the Regulations is to ensure that approval as a CPD provider remains continuous, in particular in circumstances where a CPD provider applies for renewal of approval before the end of the expiry day of the current approval, but the application is not dealt with before the expiry of the current approval. In those circumstances, the approval will automatically remain in force after the expiry day and until the application is decided, or until the Minister is deemed to have approved the application.

This ensures that a CPD provider can continue to deliver CPD despite administrative delays in renewing approval. This benefits RMAs undertaking CPD with a particular CPD provider by ensuring there is no gap in which CPD undertaken may not be counted because the CPD provider was not approved until after the expiry day of their previous approval.

When person’s approval is automatically continued

Subsection 54(1) provides that subsection 54(3) applies to continue an applicant’s approval as a CPD provider beyond its expiry day if:

before the end of the expiry day, that applicant made an application to be approved again as a CPD provider in accordance with section 48; and
the Minister had not decided the application by the end of the expiry day.

Exception—cancellation

Subsection 54(2) provides that however, subsection 54(3) does not apply to continue an applicant’s approval as a CPD provider if, before the end of the expiry day, the Minister cancelled the approval.

Period of continuation of approval

Subsection 54(3) provides that an applicant’s approval as a CPD provider is taken to continue after the expiry day until:

the end of the day the Minister decides the application; or
if the Minister decides to cancel that applicant’s approval as a CPD Provider—the day the cancellation takes effect; or
the end of the period of 21 months beginning on the day after the expiry day. (If there is no decision before the end of 21 months, the application will be deemed to have been approved – see subsection 54(4)).

Approval if no decision within a certain period

Subsection 54(4) provides that 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 that applicant 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 52(1)(a).

The effect of subsection 54(4) is that if an application for renewal of approval is made before the end of the expiry day of the previous approval and no decision is made within 21 months of the expiry day of the previous approval, and if the approval has not been cancelled within that period, the Minister is taken to have approved the application at the end of the 21 months. The new approval is taken to have been subject to the same conditions, if any, as were specified in relation to the previous approval.

The purpose of this provision of the Regulations is to prevent undue uncertainty of approval as a CPD provider where there has been administrative or other delay of 21 months in deciding an application for renewal of approval, provided the application for renewal is made before the end of the expiry day for the previous approval. The deemed approval at the end 21 months since the previous expiry day is taken to have effect for 24 months from the end of the previous expiry day. This means that the applicant will then have three months to apply for another renewal of approval as a CPD provider before the deemed approval ceases.

When approval is in effect

Subsection 54(5) sets out when an approval of an application to become a CPD provider to which subsection 54 applies is in effect.

Subsection 54(5) provides that if the Minister decides to approve, or is taken to have approved, the CPD provider applicant, the approval:

takes effect at the end of the day the Minister approves or is taken to have approved that applicant; and
unless continued by subsection 54(3) or cancelled under section 55, continues in effect until the end of its expiry day (see paragraph 53(3)(b)).

The effect of paragraph 54(5)(a) is that a previous approval and a new approval cannot both be in effect at the same time because the previous approval ends when the decision on the application is made or taken to have been made.

Paragraph 54(5)(b) provides that the approval continues in effect (unless continued by subsection 54(3)) or cancelled under section 55 until the end of its expiry day. For an approval to which subsection 54(5) applies, the expiry day is 24 months after the previous expiry day.

The example under paragraph 54(5)(b) provides that the expiry day for an applicant’s approval as a CPD provider is 31 October 2026. On 20 October 2026, the applicant applies to be approved again. The Minister has not decided that applicant’s application by the end of 31 October 2026.

That applicant’s approval continues automatically past 31 October 2026.
The Minister approves that applicant on 15 November 2026. The new approval takes effect at the end of 15 November 2026 and continues in effect from that time until its expiry day on 31 October 2028 (the second anniversary of the expiry day for the previous approval—see paragraph 53(3)(b)).

This section of the Regulations is similar to former regulation 9S of the 1998 Regulations. This section updates the dates in the examples under former paragraph 9S(5)(b) of the 1998 Regulations.

Section 55 – Cancellation of approval as CPD provider

Subsection 55(1) of the Regulations sets out the circumstances under which the Minister may cancel an applicant’s approval as a CPD provider, by giving written notice to that applicant. The circumstances are that:

the Minister is satisfied that the person has failed to comply with a condition referred to in paragraph 52(1)(a) or a standard in the CPD provider standards; or
the Minister is not satisfied that the person meets the requirements for approval in subsection 51(1); or
the Minister is satisfied that the person has not done as the person intended in relation to any requirement for approval in subsection 9P(1) met on the basis of an intention; or
the Minister has reason to doubt that the fit and proper person requirements set out in subsection 51(2) are met.

Subsection 55(2) provides that 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.

Subsection 55(3) provides that a cancellation under subsection 55(1) or (2) takes effect on the day notice of the cancellation is given, or on a later day specified in the notice.

This section of the Regulations replicates former regulation 9T of the 1998 Regulations.

Section 56 – Delegation

Section 320 of the Migration Act provides for when the Minister may delegate powers on functions given to the MARA.

Subsection 56(1) of the Regulations provides that the Minister may, in writing, delegate to an APS employee in the Department any or all of the Minister’s functions and powers under Part 4 (Approval of CPD providers), apart from the Minister’s powers to make, vary or revoke a legislative instrument.

The powers of the Minister in Part 4 which may be delegated under this section of the Regulations are the power in section 48 to approve a person as a CPD provider, and the power in section 55 to cancel a person’s approval as a CPD provider.

The powers of the MARA are currently delegated by the Minister, acting under section 320 of the Migration Act, to employees in the MARA within the Department. The power under this section of the Regulations for the Minister to delegate the Minister’s powers under Part 4 to any APS employee will allow delegation of these powers to the same employees and will provide flexibility if administrative arrangements in the future require powers relating to migration agents to be exercised by employees in other areas of the Department.

Section 315 of the Migration Act provides that the MARA is the body established within the Department to administer Part 3 of that Act. A power or functions expressed under Part 3 of that Act to be given to the MARA may only be exercised or performed by the Minister, or by a delegate of the Minister under section 320.

The following terms are defined in section 7 of Part 2 of the Public Service Act as follows:

APS means the Australian Public Service established by section 9 of that Act.
APS employee means:

a person engaged under section 22 of that Act; or
a person who is engaged as an APS employee under section 72 of that Act.

Subsection 56(2) provides that in performing functions and exercising powers under a delegation, the delegate must comply with any directions of the Minister.

Instruments of delegation of the Minister’s powers made under subsection 320(1) of the Migration Act and/ or the subsection 56(1) of the Regulations are not legislative instruments in accordance with item 1 of the table in subsection 6(1) of the Legislation (Exemptions and other Matters) Regulation 2015.

The infringement officers will be an APS employee within the Department, where from time to time that individual holds, occupies or performs duties at an APS level 5, APS level 6, EL1 or EL2 classification within the Department, including at level APS employees within the Authority.

A broad delegation is required for the infringement notice framework to enable the efficient administration of matters under this framework. The Authority is a relatively small body with a staff profile that is largely APS and EL staff. Many of the day-to-day activities, including infringement activities, may not need to be performed by SES staff. The term ‘SES’ is defined in section 7 of the Public Service Act. APS and EL staff are best placed to exercise these delegations as they will be the frontline workers, with the relevant intelligence and knowledge of the matter to make informed decisions regarding performance of certain infringement powers.

There are safeguards to ensure that appropriate delegations are in place, in accordance with the Guide. This level of oversight by the Authority provides the necessary safeguards to ensure that the delegations are appropriate.

This section of the Regulations replicates former regulation 9U of the 1998 Regulations.

Part 5—Transitional provisions

Division 1—Transitional provisions for the commencement of this instrument

Section 57 – Definitions

In this section, within Division 1 of Part 5 of the Regulations:

commencement day means the day this instrument commences.
old regulations means the Migration Agents Regulations 1998.

Section 58– Things done under the Migration Agent Regulations 1998

This section of the Regulations creates a general transitional provision for things done for a particular purpose under the 1998 Regulations. To enable things done for that purpose under these Regulations to have effect for the purposes of these Regulations and the Code of Conduct as if it had been done for that purpose under these Regulations.

Subsection 58(1) of the Regulations provides that if:

a thing was done for a particular purpose under the 1998 Regulations; and
the thing could be done for that purpose under these Regulations;

the thing has effect for the purposes of these Regulations and the Code of Conduct as if it had been done for that purpose under these Regulations.

Subsection 58(2) provides that without limiting subsection 58(1), a reference in that subsection of these Regulations to a thing being done includes a reference to a notice, application or other instrument being given or made.

Subsection 58(3) provides that this section of the Regulations has effect subject to Division 1 of Part 5.

The term ‘thing’ is intentionally generic to allow for a greater range of circumstances or situations.

Section 59 – Infringement notices

This section of the Regulations creates a transitional provision for infringement notices.

Subsection 59(1) provides that Division 3 of Part 2 of these Regulations applies in relation to an alleged immigration assistance offence committed before, on or after the commencement day (1 April 2026).

Subsection 59(1) of the Regulations has the effect that Division 3 of Part 2 of the Regulations applies to any alleged immigration offence committed at any time, whether before, on or after the commencement date of these Regulations (1 April 2026). This includes subsection 13(2) of the Regulations. From 1 April 2026, infringement notices may not be issued for alleged offences committed under former Division 2.4 (Infringement notices relating to giving of immigration assistance) of Part 2 of the 1998 Regulations, where that alleged offence was committed before or on 1 April 2026.

Subsection 59(2) provides that despite the repeal of the 1998 Regulations, Division 2.4 of Part 2 of those Regulations continues to apply in relation to an infringement notice given under that Division of those Regulations before the commencement day (1 April 2026), as if:

that repeal had not happened; and
an authorised officer includes an infringement officer.

Subsection 59(2) has the effect that where an infringement notice was issued under former subregulation 13(1) of the 1998 Regulations prior to 1 April 2026, former Division 2.4 of Part 2 of the 1998 Regulations applies to that infringement notice. As an example, if an infringement notice was issued on 23 October 2025 in accordance with former subregulation 3J(1) of the 1998 Regulations and the infringement officer chooses to withdraw that infringement notice, this could be withdrawn under former regulation 3N (Can an infringement notice be withdrawn?) of the 1998 Regulations.

Any investigations or legal proceedings commenced under former Division 2.4 of Part 2 of the 1998 Regulations will continue under those provisions in that Part of those Regulations in accordance with section 7 of the Acts Interpretation Act.

Section 60 – Relation by employment

This section provides that despite the repeal of the old regulations, regulation 3U of the old regulations continues to apply in relation to a registration application made before the commencement date, as if that repeal had not happened.

Section 60 of the Regulations has the effect that former regulation 3U (Relation by employment) of the 1998 Regulations will apply to a registration application made prior to 1 April 2026, and where the MARA has not made a decision in relation to that application prior to that date.

Section 61 – Publication of notice of intention to apply for registration

This section provides that despite the repeal of the old regulations, regulation 4 of the old regulations continues to apply in relation to a notice published under section 288A of the Migration Act before the commencement day, as if that repeal had not happened.

The effect of this section of the Regulations is that a notice published before commencement is dealt with in accordance with former regulation 4 (Publication of notice of intention to apply for registration) of the repealed 1998 Regulations (the old regulations) and the notice must be published for 30 consecutive days.

Section 62 – Continuing Professional Development

This section provides that despite the repeal of the old regulations, regulations 3AA, 6 and 6A of the old regulations continue to apply in relation to a registration application made before the commencement day, as if that repeal had not happened.

The effect of this section of the Regulations is that former regulations 3AA (Instrument specifying matters relating to CPD activities), 6 (Continuing professional development) and 6A (Continuing professional development—lawyers who hold practising certificates) of the 1998 Regulations will continue to apply to registration applications made prior to 1 April 2026 and where the MARA has not made a decision in relation to that application prior to that date.

Section 63 – Stay orders—prescribed supervisory requirements

This section provides that despite the repeal of the old regulations, regulation 7B of the old regulations continues to apply in relation court orders made before the commencement day, as if that repeal had not happened.

The effect of this section of the Regulations is that current regulation 7B (Stay orders—prescribed supervisory requirements) of the 1998 Regulations continues to apply to court orders made before 1 April 2026.

Section 64 – Statement of services—new or ongoing immigration assistance

This section of the Regulations will apply in relation to immigration assistance given before, on or after the commencement day, if:

either:

the immigration assistance is covered by a service agreement that is entered into on or after the commencement day; or
the immigration assistance is covered by a service agreement that was entered into, but has not ended, before the commencement day; and

a decision mentioned in regulation 7I of the old regulations was not made in relation to the immigration assistance before the commencement day.

The term ‘service agreement’ is defined in section 7 of the Code of Conduct. That definition, in that provision of the Code of Conduct is as follows:

service agreement means an agreement for the giving of immigration assistance by a migration agent to a client.
Note: A service agreement must provide for the giving of immigration assistance, but may also provide for the performance of other work or services.

The term ‘services’ is included in the definition for ‘work and services’ in section 7 of the Code of Conduct. That definition, in that provision of the Code of Conduct is as follows:

work or services includes immigration assistance.

The effect of this section of the Regulations is that section 42 of the Regulations will apply to immigration assistance (as defined in section 275 of the Migration Act) which is provided by an agent to their client or clients before, on or after the commencement day (day) of these Regulations (1 April 2026), if, either:

a service agreement (agreement) is signed on or after that day (1 April 2026); or
the immigration assistance provided by that agent to their client or clients is covered by that agreement that was signed by that agent and their client or clients, and where that immigration assistance is not completed before that day (1 April 2026); and
a decision mentioned in regulation 7I of the 1998 Regulations (below) has not been made in relation to that immigration assistance (provided by the above agent to their client or clients) before that day (1 April 2026).

Former regulations 7I of the 1998 Regulations provided that for paragraph 313(3)(c) of the Migration Act, the period is 28 days after the decision, in relation to the immigration assistance, is made about:

a visa application; or
a cancellation review application; or
a nomination or sponsorship application; or a request to the Minister to exercise his or her power under section 351, 391, 417 or 454 of that Act.

In accordance with this section of the Regulations, section 42 will apply to a new (signed on or after 1 April 2026) or an ongoing service agreement (signed before 1 April 2026) that covers immigration assistance and for which a decision (of a kind mentioned in former regulation 7I of the 1998 Regulations) has not been made.

The term ‘covers’ is defined in section 7 of the Code of Conduct. That definition, in that provision of the Code of Conduct is as follows:

covers: a service agreement covers:

each client to whom immigration assistance is to be given under the agreement; and
the immigration assistance that is to be given under the agreement.

Below is an example to demonstrate the application of this section of the Regulations:

Example 1 – Service Agreement signed before 1 April 2026 for ongoing immigration assistance (until a final decision is made)

On 1 March 2025, Client A engages the services of Agent B for assistance with lodging a student visa. A service agreement (agreement) between Client A and Agent B is signed and Client A pays Agent B $4,500 service fee (fee).
On 17 March 2025, Agent B lodges Client A’s student visa application.
On 18 November 2025, Client A’s student visa application is refused.
Also, on 18 November a second iteration of the above agreement is issued to cover an application for review before the ART in relation to the above refusal decision. Accordingly, client A pays a further $5,000 fee to Agent B.
On 28 February 2026, the ART affirms the Minister’s decision to refuse Client A’s student visa application.
Also on 28 Feb 2026, a third iteration of the above agreement is issued to cover an application for Judicial Review. Client A pays a further $4,000 fee to Agent B.
On August 1 2026, the above Judicial Review application is dismissed.
Also, on August 1 2026 a fourth iteration of the above agreement is issued to cover a Ministerial Intervention request. Client A pays a further $2,500 fee to Agent B.
On 1 May 2027, the Minister decides not to intervene in this matter.
Agent B must issue a statement of services between 1 – 28 May 2027 in accordance with paragraph 42(a)(iv) for the purposes of paragraph 313(1)(c) of the Migration Act.

Section 65 – Statement of services—certain service agreements ended before commencement

Subsection 65(1) of the Regulations provides that subsection 65(2) will apply in relation to immigration assistance given before, on or after the commencement day if:

the immigration assistance was covered by a service agreement that ended before the commencement day; and
a statement of services was not given in relation to the immigration assistance before the commencement day; and
a decision mentioned in regulation 7I of the old regulations was not made in relation to the immigration assistance before the commencement day.

The effect of this subsection of the Regulations is that subsection 65(2) (below) will apply in relation to immigration assistance given by an agent to their client or clients before, on or after the commencement day of these Regulations (1 April 2026) if:

this immigration assistance is covered by a service agreement (agreement) between the agent and their client or clients and that agreement has ended (due to the immigration assistance provided by that agent to their client has been completed) before 1 April 2026; and
a statement of services (see paragraph 313(3)(c) of the Migration Act) has not been given by that agent to their client or clients before 1 April 2026; and
a decision mentioned in regulation 7I of the 1998 Regulations (above) has not been made in relation to the provided immigration assistance before 1 April 2026.

Subsection 65(2) of the Regulations will apply as if the period prescribed for the purposes of paragraph 313(3)(c) of the Migration Act were the period:

starting on the commencement day; and
ending on 30 June 2026.

The effect of this subsection of the Regulations is that section 42 will apply as if the period prescribed in that section of these Regulations (28 days) for the purposes of paragraph 313(3)(c) of the Migration Act, where that period (28 days) started on 1 April 2026 and ends on 30 June 2026.

This section of these Regulations will extend the prescribed period in section 42 (28 days) to 1 April 2026 to 30 June 2026 (inclusive).

In accordance with this section of the Regulations, section 42 will apply to a service agreement (signed before 1 April 2026) that covers immigration assistance and where that service agreement ended before 1 April 2026 and for which a decision (of a kind mentioned in former regulation 7I of the 1998 Regulations) has not been made. Where this applies to a service agreement of the kind mentioned in paragraph 65(1)(b), the agent is required to provide a statement of services to their client or clients before 1 July 2026 for the purposes of paragraph 313(3)(c) of the Migration Act, including where the decision (see paragraph 65(1)(c)) is made between 1 April and 30 June 2026.

Below is an example to demonstrate the application of this section of the Regulations:

Example 2 – Service Agreement signed before 1 April 2026 for specific stand-alone immigration assistance

On 1 February 2026, Client A seeks specific immigration assistance from Agent B in relation to the lodgement of a review application with the ART.
On 1 February 2026, Client A and Agent B sign a service agreement (agreement) for assistance with the above ART review application, Client A then pays Agent B a $3,000 service fee (fee).
On 17 February 2026, Agent B lodges the above review application with the ART on behalf of Client A.
The above agreement ends on 17 February 2026.
The ART makes a decision in relation to the above review application on 1 June 2026.
Agent B must issue a statement of services between 1 – 28 June 2026 in accordance with paragraph 42(b) for the purposes of paragraph 313(1)(c) of the Migration Act.

Section 66– Statement of services—acquisition of property

Subsection 66(1) of the Regulations provides that sections 64 and 65 will not apply to the extent that:

the operation of those sections would result in an acquisition of property from a person otherwise than on just terms; and
the acquisition of property would be invalid because of paragraph 51(xxxi) of the Constitution.

Subsection 66(2) of the Regulations provides that in section 66:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

This section of the Regulations provides for potential acquisition of property that may arise from the transitional provisions (see sections 64 and 65), for example, where existing contractual or statutory rights may be affected. The purpose of this provision of these Regulations is to ensure constitutional protection in certain circumstances. In effect, to the extent that sections 64 and 65 would result in an acquisition of property from a person otherwise than on just terms, then the acquisition would be invalid and those existing contractual or statutory rights (using the same examples (above)) would remain in place as if the acquisition has not occurred.

Subsection 66(2) draws the reader’s attention to the terms ‘acquisition of property’ and ‘just terms’ to have the same meaning as in paragraph 51(xxxi) of the Constitution.

Section 67– Statement of services—other immigration assistance

Subsection 67(1) of the Regulations provides that subsection 67(2) applies in relation to immigration assistance given before the commencement day if sections 64 and 65 do not apply to the immigration assistance.

Subsection 67(2) of the Regulations provides that despite the repeal of the old regulations, regulation 7I of the old regulations would continue to apply as if that repeal had not happened.

Subsection 67(2) of the Regulations applies to immigration assistance provided by an agent to their client or clients, which is not of the kind of immigration assistance mentioned in sections 64 and 65, and where that immigration assistance was given by that agent before the commencement day (1 April 2026) of these Regulations (see subsection 67(1)). Where the requirements of subsection 67(1) are met, former regulation 7I of the 1998 Regulations will apply to that kind of immigration assistance despite the repeal of that provision of the 1998 Regulations.

In accordance with this section of the Regulations, former regulation 7I of the 1998 Regulations will apply where the immigration assistance (see subsection 67(1)) was given by the agent to their client or clients before 1 April 2026 and where that immigration assistance is not covered by a service agreement.

Section 68– Disclosure of information

This section provides that sections 44 to 46 of the Regulations apply in relation to the use or disclosure of information on or after the commencement day, whether the information was obtained before, on or after that day.

The effect of this section of the Regulations is that sections 44 to 46 of those Regulations apply to the use or disclosure of personal information by the MARA, the Secretary and/ or the ART on or after 1 April 2026, regardless of that personal information being obtained by the MARA, the Secretary and/ or the ART under former regulations 9B (Disclosure of personal information by the Authority), 9C (Disclosure of personal information by the Secretary) and/ or 9D (Disclosure of personal information by a review authority) of the 1998 Regulations prior to, on or after that date.

Administered by Department of Home Affairs

Interactions

Legislation content

Interactions

Authorises

All Versions