Migration (Migration Agents Code of Conduct) Regulations 2021
made under the
Migration Act 1958
Compilation No. 2
Compilation date: 1 April 2026
Includes amendments: F2026L00120
About this compilation
This compilation
This is a compilation of the Migration (Migration Agents Code of Conduct) Regulations 2021 that shows the text of the law as amended and in force on 1 April 2026 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
Division 1—Preliminary
1 Name
3 Authority
4 Prescription of Code of Conduct
Division 2—Purpose of this instrument
5 Purpose of this instrument
6 Other duties of migration agents
Division 3—Definitions
7 Definitions
8 Expressions have same meaning as in Part 3 of the Act
9 Immigration assistance
10 Meaning of client money
11 Meaning of related by employment
12 Meaning of responsible migration agent
Part 2—General duties
Division 1—General duties
13 General duty to act professionally, ethically etc.
14 Duty to treat all persons with appropriate respect
15 Duty not to make false or misleading statements
16 Duty not to threaten to contravene this instrument
Division 2—Duties relating to Australia’s immigration system
17 Duty to comply with migration law
18 Duty not to undermine the migration law
19 Duty not to give futile immigration assistance
20 Duty to avoid making false or misleading statements etc. to government officials
21 Duty relating to correcting false or misleading statements etc.
Division 3—Duty to maintain skills and knowledge
22 Duty to maintain skills and knowledge
Division 4—Duties relating to practice management
23
Overview
The Migration (Migration Agents Code of Conduct) Regulations 2021 were enacted under the Migration Act 1958 and came into effect on 1 March 2022. These regulations were introduced to address the need for a clear and comprehensive set of professional standards and ethical guidelines for migration agents in Australia. The aim of the regulations is to protect clients of migration agents and to strengthen the integrity of the immigration advice industry and Australia's immigration system. The regulations are enforced by the Migration Agents Registration Authority, which has the power to cancel or suspend the registration of a migration agent who fails to comply with the Code of Conduct. The regulations cover a wide range of areas, including the general duties of migration agents, the duties relating to Australia's immigration system, the duties relating to practice management, the agent-client relationship, and the duties relating to keeping the Authority, clients, Department, and review authority informed of matters relating to the migration agent. The regulations also set out the duties of migration agents in relation to fees, disbursements, client documents, record keeping, and the termination of the agent-client relationship.
Scope and Application
The Migration (Migration Agents Code of Conduct) Regulations 2021 is a legislative instrument made under the Migration Act 1958. It prescribes a Code of Conduct for registered migration agents, which they must adhere to in their professional capacity. The Act applies to registered migration agents, requiring them to act professionally, ethically, and diligently in their dealings with clients and government officials. It also mandates that migration agents maintain skills and knowledge, comply with migration laws, and avoid conflicts of interest. The Act extends to protecting clients and enhancing the integrity of the immigration advice industry and Australia’s immigration system. The legislation applies nationally across Australia and includes provisions for responding to requests from the Migration Agents Registration Authority, managing client-agent relationships, and handling client documents and fees. The Act does not apply to the exclusion of State or Territory laws that impose duties on migration agents.
Key Provisions
- The Migration (Migration Agents Code of Conduct) Regulations 2021, made under the Migration Act 1958, establish a Code of Conduct for registered migration agents. These regulations outline the general duties, duties relating to Australia's immigration system, duties to maintain skills and knowledge, and duties relating to practice management. They also provide for the agent-client relationship, client documents, record keeping, and the termination of the agent-client relationship. The regulations mandate that migration agents must act professionally, ethically, and diligently, comply with migration law, and not engage in conduct that could damage their reputation or the industry. They must treat all persons with respect, avoid making false or misleading statements, and not threaten to contravene the regulations. Additionally, migration agents must ensure they comply with migration law, avoid actions intended to defeat or evade it, not give futile immigration assistance, and not make false or misleading statements to government officials. They must also maintain sufficient knowledge and skills, ensure immigration assistance is provided only by registered agents, and avoid making false or misleading statements in promoting their business. Furthermore, agents must hold professional indemnity insurance, notify the Authority and clients of material changes, and ensure that immigration assistance is given only by registered agents. They must also respond to requests from the Authority for information or documents, and in the agent-client relationship, act in the legitimate interests of the client, inform clients of conflicts of interest, and maintain confidentiality. The regulations also detail duties relating to fees, disbursements, client documents, record keeping, and the termination of the agent-client relationship.
- Migration agents are obligated to adhere to a set of professional and ethical standards, including acting professionally, ethically, and diligently, complying with migration law, and avoiding actions that could damage their reputation or the industry. They must treat all persons with respect, avoid making false or misleading statements, and not engage in conduct that could contravene the regulations. Additionally, agents must ensure they maintain sufficient knowledge and skills, comply with migration law, and avoid providing futile immigration assistance. They must also ensure that immigration assistance is provided only by registered agents, hold professional indemnity insurance, and notify the Authority and clients of material changes. Furthermore, agents must respond to requests from the Authority for information or documents, and in the agent-client relationship, act in the legitimate interests of the client, inform clients of conflicts of interest, and maintain confidentiality.
- Breaching the regulations may result in civil or criminal consequences. For example, the Authority may cancel or suspend the registration of a migration agent, or caution an agent, if the Authority becomes satisfied that the agent has not complied with the Code of Conduct. The maximum penalties for breaches can vary, but may include fines and imprisonment, depending on the severity of the breach.
- Area of Law
- Immigration & Refugee Law
- Instrument
- Regulation
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Repeal & Amendment
- Licensing & Registration
- Enforcement Powers
- Prohibited Conduct
