Migration Legislation (Migration Agents) (Repeal and Consequential Amendments) Regulations 2026

EXPLANATORY STATEMENT

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

Migration Act 1958

Migration Legislation (Migration Agents) (Repeal and Consequential Amendments) Regulations 2026

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 that Act, prescribing matters required or permitted to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to that Act.

In addition, regulations may be made pursuant to the provisions listed in Attachment A.

Background

The Migration Legislation (Migration Agents) (Repeal and Consequential Amendments) Regulations 2026 (the Amendment Regulations) commence at the same time as the Migration Agents Regulations 2026 (the Regulations).

The Amendment Regulations streamline, clarify and modernise the Migration Agents Regulations 1998 (the 1998 Regulations), ensuring that they are fit for purpose.

Purpose

The purpose of the Amendment Regulations is to repeal the 1998 Regulations and to make consequential amendments to the Migration (Migration Agents Code of Conduct Regulations 2021 (the Code of Conduct) and Migration Regulations 1994 (the Migration Regulations) to give effect to the relevant sections of the Regulations.

In particular the Amendment Regulations will:

• repeal the Migration Agents Regulations 1998 (the 1998 Regulations);
• insert a new definition of consumer guide into section 7 of the Code of Conduct to give effect to subsection 43(1) of the Regulations;
• amend paragraph 27(a) of the Code of Conduct to give effect to section 33 of the Regulations;
• repeal the note and substitute two notes in its place under section 38 of the Code of Conduct to give effect to subsection 43(1) of the Regulations; and
• amend the definition of Australian permanent resident in regulation 1.03 of the Migration Regulations to give effect to section 34 of the Regulations.

The Amendment Regulations aim to ensure the Code of Conduct is consistent with the Regulations.

The Regulations and the Code of Conduct are complementary to the regulatory framework of the Migration Agents Registration Authority (MARA), ensuring that there is comprehensive oversight in relation to the provision of immigration assistance.

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 proposed Amendment Regulations are appropriate for implementation in regulations rather than Parliamentary enactment. The Migration Act expressly provides for the regulation of the giving of immigration assistance by registered migration agents (RMAs), with detailed provisions to be prescribed in regulations as noted in the authorising provisions listed above. In particular, subsection 314(1) of the Migration Act provides that the regulations may prescribe a Code of Conduct for RMAs.

The 1998 Regulations have been in place since 1998 and the Code of Conduct has been in place since 1 March 2022. 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 respond quickly to any concerns that may emerge over time.

The Amendment Regulations amend the Migration Regulations (amongst the other amendments to the Code of Conduct). The Amendment Regulations amendment to the Migration Regulations is exempt from sunsetting under table item 38A of section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015. The Migration Regulations are exempt from sunsetting on the basis that the repeal and remaking of the Migration Regulations:

• is unnecessary as the Migration Regulations are regularly amended numerous times each year to update policy settings for immigration programs;
• would require complex and difficult to administer transitional provisions to ensure, amongst other things, the immigration status of many people who hold Australian visas, and similarly, there would likely be a significant impact on undecided visa and sponsorship applications; and
• would demand complicated and costly systems, training and operational changes that would impose significant strain on Government resources and the Australian public for insignificant gain, while not advancing the aims of the Legislation Act.

The Amendment Regulations will be repealed by operation of Division 1 of Part 3 of Chapter 3 of the Legislation Act. Specifically, that Division (under section 48A) operates to automatically repeal a legislative instrument that has the sole purpose of amending or repealing another instrument. As the Amendment Regulations will automatically repeal, they do not engage the sunsetting framework under Part 4 of the Legislation Act.

A Statement of Compatibility with Human Rights has been prepared in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011. The overall assessment is that the Amendment Regulations are compatible with human rights. A copy of this Statement is at Attachment B.

Consultation

The Amendment Regulations were developed in conjunction with the Regulations 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, including the Amendment Regulations, being made.

Given the Amendment Regulations make consequential amendments to the Code of Conduct and the Migration Regulations necessary to give effect to the relevant provisions of the Regulations, consultation on the policy measures underpinning the Regulations in effect encompassed the consequential amendments required to implement the then relevant proposed measures.

The Department undertook targeted consultation with the parties most directly affected by the then proposed measures in the draft Regulations. Consultation methods included face-to-face meetings, online meetings and direct engagement with industry peak bodies representing registered migration agents. These consultations covered the key proposed policy measures in the Regulations.

Between May and December 2025, the Department held seven formal meetings to consult with two peak bodies representing registered migration agents (the Migration Alliance (MA) and the Migration Institute of Australia (MIA) (the peak bodies)), a specialist insurance broker and a capstone training provider. An exposure draft was released to the peak bodies in December 2025, seeking written responses. Neither peak body raised any material concerns with the then draft Regulations (or the proposed consequential amendments necessary to implement them).

Throughout this process, stakeholders were broadly supportive of the proposed measures in the draft Regulations. The Department responded to the limited issues raised by stakeholders on specific proposed policy measures by adopting alternative approaches or electing not to pursue those measures in the draft Regulations nor in the draft Amendment Regulations at this time.

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.

Within the Government, the Department engaged with the Department of Prime Minister and Cabinet and the Attorney-General’s Department on the matters in the draft Regulations (which included the matters set out in the draft Amendment Regulations).

This consultation accords with the consultation requirements of section 17 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 Amendment Regulations commence at the same time as the Regulations on 1 April 2026.

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

The Amendment 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) provides that the Governor-General may make regulations, not inconsistent with that Act, prescribing matters required or permitted to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to that Act.

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

• Subsection 314(1) of the Migration Act provides that the regulations may prescribe a Code of Conduct for migration agents.
• Subsection 314(2) of the Migration Act provides that a registered migration agent must conduct himself or herself in accordance with the prescribed Code of Conduct.
• Paragraph 303(1)(h) of the Migration Act provides that the Migration Agents Registration Authority may take disciplinary action against a registered migration agent if it becomes satisfied that an agent has not complied with the Code of Conduct prescribed under section 314 of that Act.
• 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 292B(1) of the Migration Act provides that an applicant must not be registered as a migration agent unless the Migration Agents Registration Authority is satisfied that the applicant has professional indemnity insurance of a kind prescribed by the regulations.
• Paragraph 294(1)(b) of the Migration Act provides that an applicant must not be registered unless that applicant is an Australian permanent resident within the meaning of the regulations.

ATTACHMENT B

Statement of Compatibility with Human Rights

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

Migration Legislation (Migration Agents) (Repeal and Consequential Amendments) Regulations 2026

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

Overview of the Disallowable Legislative Instrument

The Migration Legislation (Migration Agents) (Repeal and Consequential Amendments) Regulations 2026 (Amendment Regulations):

• repeal the Migration Agents Regulations 1998; and
• make consequential amendments to the Migration (Migration Agents Code of Conduct) Regulations 2021 (Code of Conduct) and the Migration Regulations 1994.

The Amendment Regulations give effect to relevant sections of the Migration Agents Regulations 2026 (Regulations), which commence on 1 April 2026.

In particular, the Disallowable Legislative Instrument makes the following consequential amendments to the Code of Conduct to give effect to the relevant provisions of the Regulations:

• in section 7, substituting the definition of consumer guide (without changing its substance) as that which ‘has the same meaning as in the former Migration Agents Regulations 1998’ with ‘the guide, as existing from time to time, produced under subsection 43(1) of the Migration Agents Regulations 2026’ to align with the legislative references in the Regulations. Additionally, the following note will be included to sit under this amended definition of this section of the Code of Conduct:

• ‘Note: The consumer guide could in 2026 be viewed on the Authority’s website (http://www.mara.gov.au)’.

• in paragraph 27(a), substituting the reference to ‘former regulation 6B of the Migration Agents Regulations 1998’ with ‘section 33 of the Migration Agents Regulations 2026’ to align with the legislative references in the Regulations.
• at the end of section 38, substituting the reference to ‘former regulation 9A of the Migration Agents Regulations 1998’ with ‘subsection 43(1) of the Migration Agents Regulations 2026’ in the Note (now ‘Note 1’) to align with the legislative references in the Regulations, and inserts a ‘Note 2’ that provides that the ‘consumer guide’ (as defined in amended section 7 of the Code of Conduct) ‘could be viewed in 2026 on the Authority’s website (http://www.mara.gov.au)’.

Additionally, the Disallowable Legislative Instrument amends the Note at the end of the definition of Australian permanent resident (without changing its substance) in regulation 1.03 of the Migration Regulations 1994 by substituting ‘former regulation 6C of the Migration Agents Regulations 1998’ with ‘section 34 of the Migration Agents Regulations 2026’ to align with the legislative references in the Regulations.

The Amendment Regulations and the Code of Conduct are complementary to the regulatory framework of the Migration Agents Registration Authority, ensuring that there is better oversight in relation to the provision of immigration assistance.

Human rights implications

This Disallowable Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

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

The Hon Julian Hill MP

Assistant Minister for Citizenship, Customs and Multicultural Affairs

ATTACHMENT C

Details of the Migration Legislation (Migration Agents) (Repeal and Consequential Amendments) Regulations 2026

Section 1 – Name

This section provides that the title of the instrument is the Migration Legislation (Migration Agents) (Repeal and Consequential Amendments) Regulations 2026 (the Amendment Regulations).

Section 2 – Commencement

This section provides that the whole of the instrument is to commence at the same time as the Migration Agents Regulations 2026 (the Regulations) commence (on 1 April 2026).

Section 3 – Authority

This section provides that the Amendment Regulations are made under the Migration Act 1958 (the Migration Act).

Section 4 – Schedules

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

Schedule 1 – Repeals

Migration Agents Regulations 1998

Item 1 of Schedule 1 to the Amendment Regulations provides that the Migration Agents Regulations 1998 is repealed in its entirety.

Schedule 2—Consequential amendments

Migration (Migration Agents Code of Conduct) Regulations 2021

Item [1] Section 7 (definition of consumer guide)

Item [2] Paragraph 27(a)

Item [3] Section 38 (note)

Item 1 of Schedule 2 to the Amendment Regulations repeals the definition of consumer guide in section 7 of the Migration (Migration Agents Code of Conduct) Regulations 2021 (the Code of Conduct) and substitutes the following in its place:

• consumer guide means the guide, as existing from time to time, produced under subsection 43(1) of the Migration Agents Regulations 2026 (the Regulations).

The former definition of consumer guide under section 7 of the Code of Conduct had the same meaning provided for in the Migration Agents Regulations 1998 (the 1998 Regulations).

Item 2 of Schedule 2 to the Amendment Regulations omits “regulation 6B of the Migration Agents Regulations 1998” from paragraph 27(a) of the Code of Conduct, and substitutes “section 33 of the Migration Agents Regulations 2026” in its place.

New paragraph 27(a) of the Code of Conduct provides that a migration agent must hold professional indemnity insurance of a kind prescribed by section 33 of the Regulations.

The former paragraph 27(a) of the Code of Conduct provided that a migration agent must hold professional indemnity insurance of a kind prescribed by former section 6B of the 1998 Regulations.

For the purposes of subsection 292B(1) of the Migration Act, section 33 of the Regulations prescribes the professional indemnity insurance 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. This obligation extends to an individual, including an individual who is a director, an employee (as defined in subsection 33(2) of the Regulations) and members of an organisation.

Item 2 of Schedule 2 to the Amendment Regulations is a consequential amendment to give effect to section 33 of the Regulations.

The effect of item 2 of Schedule 2 to the Amendment Regulations is that the former paragraph 27(a) of the Code of Conduct has been superseded by the amended paragraph 27(a), which refers to the section 33 of the Regulations.

Section 38 of the Code of Conduct provides that a migration agent providing immigration assistance to a client must not give immigration assistance to a client unless a copy of the consumer guide has been given to the client.

Item 3 of Schedule 2 to the Amendment Regulations repeals the note under section 38 of the Code of Conduct, and substitute the following in its place:

• Note 1: The Authority arranges for the production of the consumer guide: see subsection 43(1) of the Migration Agents Regulations 2026.
• Note 2: The consumer guide could in 2026 be viewed on the Authority’s website (http://www.mara.gov.au).

Current section 38 of the Code of Conduct imposes a duty on a migration agent to not give immigration assistance unless a copy of the consumer guide has been given to the client, in accordance with former section 9A of the 1998 Regulations. The new notes (numbers 1 and 2, above) under section 38 of the Code of Conduct would not change the imposition of that duty on agents.

Subsection 43(1) of the Regulations 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.

For completeness, subsection 43(2) of the Regulations 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 section 43 of the Regulations is to provide RMAs with current information as detailed in paragraphs 43(1)(a) to (b) of the Regulations to enable these agents to discharge their duty under section 38 of the Code of Conduct and to ensure an agent’s client and the wider community understand their rights and protections that are afforded to them.

These new notes, under section 38 of the Code of Conduct, refer the reader to subsection 43(1) of the Regulations (above) and will note that the consumer guide can be viewed on the Authority’s website (http://www.mara.gov.au). The most recent version of the consumer guide was published by the MARA in 2025 and is available on the MARA’s website.

The intent of item 3 of Schedule 2 of these Amendment Regulations is to make it clear to the reader that the MARA produces and subsequently publishes the consumer guide on the MARA’s website. This current version of that guide can be accessed on that website in 2026.

The intent of items 1 and 3 of Schedule 2 to the Amendment Regulations is consequential to, and gives effect to subsection 43(1) of the Regulations.

The effect of items 1 and 3 of Schedule 2 to the Amendment Regulations is that the definition of consumer guide in section 7 and amended section 38 of the Code of Conduct is consistent with subsection 43(1) of the proposed Regulations.

Migration Regulations 1994

Item [4] Regulation 1.03 (note to the definition of Australian permanent resident)

Item 4 of Schedule 2 to the Amendment Regulations omits “regulation 6C of the Migration Agents Regulations 1998” and substitutes “section 34 of the Migration Agents Regulations 2026” in its place, within the note under paragraph (b) of the definition of Australian permanent resident in regulation 1.03 of the Migration Regulations 1994 (the Migration Regulations).

The amended definition of Australian permanent resident of regulation 1.03 of the Migration Regulations provides that:

• Australian permanent resident means:

1.    in relation to an applicant for a Return (Residence) (Class BB) visa—a non-citizen who is the holder of a permanent visa; or
2.    in any other case (other than in the case of an applicant for registration as a migration agent under Part 3 of the Migration Act) — a non-citizen who, being usually resident in Australia, is the holder of a permanent visa.

Note: For paragraph 294(1)(b) of the Migration Act, section 34 of the Regulations specifies the persons who are Australian permanent residents for the purposes of an applicant for registration as a migration agent under Part 3 of that Act.

Item 4 of Schedule 2 to the Amendment Regulations is a consequential amendment to give effect to section 34 of the Regulations.

The effect of item 4 of Schedule 2 to the Amendment Regulations is that the former note to the definition of Australian permanent resident of regulation 1.03 of the Migration Regulations has been omitted and substituted with the current reference to section 34 of the Regulations.