Migration Amendment (Combatting Migrant Exploitation) Act 2026

Overview

The Migration Amendment (Combatting Migrant Exploitation) Act 2026 was enacted by the Parliament of Australia to address the problem of migrant exploitation within the Australian workforce. The Act seeks to enhance the ability of the Department of Home Affairs to monitor and regulate approved work sponsors, thereby reducing the potential for exploitation and ensuring that migrants are placed in positions that are in line with the terms of their visas. The policy objective behind this amendment is to protect the rights and welfare of migrant workers by providing greater transparency and oversight over entities that sponsor their employment in Australia. This legislative change is designed to empower the Department to publish specific information about approved work sponsors on its website, subject to regulations that exclude personal identifiers but include details such as the sponsor’s name, ABN, and the number and types of occupations they nominate for.

Scope and Application

The Migration Amendment (Combatting Migrant Exploitation) Act 2026 amends the Migration Act 1958 to enhance measures against the exploitation of migrants. This Act applies to approved work sponsors and their conduct, particularly in relation to the nomination and employment of migrant workers. The provisions of the Act will apply nationally across Australia, impacting both the Commonwealth and the states and territories under the federal framework of migration law. This legislative amendment does not specify particular exclusions but rather extends its purview to all entities involved in the nomination process for migrant workers. The Act provides the Secretary with the authority to publish certain information on the Department’s website, subject to regulations that define what constitutes prescribed information. These regulations, however, must avoid including personal identifiers and may outline specific circumstances where the publication of such information is restricted. The Act’s effectiveness and scope may be further refined through subordinate instruments, which will detail the specific information to be published and the circumstances under which it must be withheld.

Key Provisions

The Migration Amendment (Combatting Migrant Exploitation) Act 2026 introduces significant changes to the Migration Act 1958, primarily focusing on the regulation and oversight of approved work sponsors to combat migrant exploitation. Section 1 of the Act formally identifies it as the Migration Amendment (Combatting Migrant Exploitation) Act 2026, and Section 2 details the commencement of the Act, which is to be fixed by Proclamation but no later than six months after the Act receives Royal Assent. The main amendments and additions are outlined in Schedule 1, which modifies the Migration Act 1958. Section 140GD of the Migration Act 1958, as added by this Act, empowers the Secretary to publish information about approved work sponsors on the Department’s website. This includes personal information that relates to the sponsor and is prescribed by regulations made for this purpose. The regulations can specify various types of information such as the kind of sponsor, their name, Australian Business Number (ABN), the postcode associated with the ABN, the number of nominations made, and the occupations covered by these nominations. However, the regulations must avoid prescribing personal identifiers, and can also set circumstances under which certain information must not be published. Entities governed by the Act, particularly approved work sponsors, have several obligations. They must comply with the regulations that specify what information can be published about them. This includes ensuring that the information they provide is accurate and up-to-date. Additionally, they must be aware of the conditions under which certain information might not be published, as outlined in the regulations. Failure to comply with these requirements could result in administrative or legal consequences. For breaches of the provisions outlined in this Act, there are potential civil or criminal consequences. However, the specific offences, penalties, or consequences are not detailed in the provided excerpt. In general, breaches of migration-related laws can lead to penalties including fines, imprisonment, or both, depending on the severity and nature of the breach. The exact penalties would be defined in the regulations or other relevant legislation, and could vary significantly based on the specific circumstances of the breach.