Migration (Specified Courses and Exams for Registration as a Migration Agent) Instrument 2026

EXPLANATORY STATEMENT

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

Migration Agents Regulations 2026

Migration (Specified Courses and Exams for Registration as a Migration Agent) Instrument 2026

The Migration (Specified Courses and Exams for Registration as a Migration Agent) Instrument 2026 (departmental reference LIN 26/002) is made under subsection 30(4) of the Migration Agents Regulations 2026 (the Regulations). The repeal of the Migration (IMMI 18/003: Specified courses and exams for registration as a migration agent) Instrument 2018 (IMMI 18/003) is done under the Migration Agents Regulations 1998 (the 1998 Regulations).

The instrument repeals IMMI 18/003 in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the Acts Interpretation Act). That subsection provides that a power to make a legislative instrument includes a power to amend or repeal that instrument in the same manner, and subject to the same conditions, as the power to make the instrument.

The instrument commences on 1 April 2026 and is a legislative instrument for the Legislation Act 2003 (the Legislation Act).

Purpose

The Migration Agents Regulations 2026 (the Regulations) commenced on 1 April 2026. The Migration Legislation (Migration Agents) (Repeal and Consequential Amendments) Regulations 2026 commenced at the same time as the Regulations.

Item 1 of Schedule 1 to the Migration Legislation (Migration Agents) (Repeal and Consequential Amendments) Regulations 2026 repealed the 1998 Regulations on 1 April 2026. The Regulations streamline, clarify and modernise the 1998 Regulations, ensuring that they are fit for purpose.

The Regulations are complementary to the statutory framework for the Migration Agents Registration Authority (MARA), ensuring that there is effective oversight.

The purpose of the instrument is to specify the prescribed courses, examinations, minimum scores to be achieved and periods for completion for a prescribed examination for the purposes of subsections 30(2) and 30(3) of the Regulations, and for the repeal of IMMI 18/003 under the 1998 Regulations.

Consultation

The Department of Home Affairs (the Department) undertook consultation during development of the instrument. A targeted exposure draft was provided to industry peak bodies in December 2025.

The Department considered feedback and the final instrument reflects careful consideration of all relevant feedback from stakeholders during consultation.

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.

Industry will be assisted in the interpretation of the instrument through explanatory communication materials and guidance. This consultation accords with subsection 17(1) of the Legislation Act.

Parliamentary scrutiny and other matters

A Statement of Compatibility with Human Rights has been completed in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011. The overall assessment is that the instrument is compatible with human rights. A copy of the Statement is at Attachment A.

Further details of the instrument are set out in Attachment B.

The instrument was made by the Assistant Minister for Citizenship, Customs and Multicultural Affairs in accordance with subsection 30(4) of the Regulations and the 1998 Regulations for the repeal of the IMMI 18/003.

ATTACHMENT A

Statement of Compatibility with Human Rights

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

Migration (Specified courses and exams for registration as a migration agent) Instrument 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

On 1 April 2026, the Migration (IMMI 18/003: Specified courses and exams for registration as a migration agent) Instrument 2018 (IMMI 18/003) will sunset. It is replaced by the Migration (Specified courses and exams for registration as a migration agent) Instrument 2026 (LIN 26/002).

LIN 26/002 establishes the courses and exams required for registration as a migration agent for the purposes of the relevant provisions of the Migration Agents Regulations 2026 (the Regulations) and the Migration Act 1958. It is made under subsection 30(4) of the Regulations and the Migration Agents Regulations 1998 for the repeal of IMMI 18/003. LIN 26/002 commences on the same day as the Regulations (1 April 2026).

In consultation with stakeholders and peak bodies, the Department of Home Affairs (the Department) reviewed IMMI 18/003 to ensure LIN 26/002 is fit for purpose. In line with that review, LIN 26/002 reflects the updated requirements of the regulator, the Migration Agents Registration Authority (MARA).

Knowledge requirements are key to ensuring that registered migration agents (RMAs) are qualified to practice and are competent and accredited to advise consumers. These requirements may ensure consumers are not subject to adverse consequences such as the loss of migration opportunities, time and financial resources due to unqualified advice.

LIN 26/002 updates the prescribed courses and examinations required for registration as a migration agent for the purposes of the following relevant provisions of the Regulations. It contains:

• definitions relevant to the various prescribed courses and exams (section 4 of LIN 26/002);
• the names of specified prescribed courses for registration as a migration agent (section 6 of LIN 26/002);
• the requirements of specified prescribed examinations available for registration as a migration agent (section 7 of LIN 26/002);
• the specified minimum score to be achieved in a prescribed examination (section 8 of LIN 26/002);
• the different specified periods for completion of the various prescribed examinations (section 9 of LIN 26/002);
• an application provision (section 10 of LIN 26/002);
• relevant transitional provisions which provide for specified evidence for a prescribed course undertaken before the commencement of the instrument (section 11 of LIN 26/002);
• relevant transitional provisions which provide for specified minimum score to be achieved in the TOEFL iBT (section 12 of LIN 26/002);
• The tables in Schedules 1 and 2 set out the specified minimum examination scores and specified countries relevant to sections 8 and 7 of the LIN 26/002 respectively (Schedules 1 and 2 to LIN 26/002).

Substantive additions to the LIN 26/002 are:

• the list of the specified prescribed courses accepted for registration as a migration agent has been updated (section 6 of LIN 26/002);
• the number of English language test providers accepted for registration as a migration agent has increased (section 7 of LIN 26/002); and
• the validity period for the English language test scores accepted by the MARA for registration as a migration agent has increased (section 9 of LIN 26/002).

The updated course provider list was finalised following an expression of interest (EOI) process and English language requirements were made more equitable following consultation with stakeholders. Other minor changes were made to align with updated drafting conventions.

As far as LIN 26/002 clarifies and specifies knowledge requirements for RMAs, it does not engage human rights. While the instrument restricts individuals seeking to work as an RMA, by requiring that they comply with prescribed education requirements to be able to register as an RMA, this does not impact their right to work in other vocations. The right to work in Article 6 of the International Covenant on Economic, Social and Cultural Rights does not guarantee that a person has a right to work in a particular industry. The imposition of eligibility criteria for certain occupations is a common and accepted means of regulating specific vocations, and does not restrict the right to work conferred by Article 6.

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 B

Details of the Migration (Specified Courses and Exams for Registration as a Migration Agent) Instrument 2026

Part 1 – Preliminary

Section 1 – Name

This section provides that the name of the instrument is the Migration (Specified Courses and Exams for Registration as a Migration Agent) Instrument 2026 (the instrument).

Section 2 – Commencement

This section provides that the instrument commences on 1 April 2026.

Section 3 – Authority

This section provides that the instrument is made under subsection 30(4) of the Migration Agents Regulations 2026 and for the repeal of the Migration (IMMI 18/003: Specified courses and exams for registration as a migration agent) Instrument 2018, under the Migration Agents Regulations 1998.

Section 4 – Definitions

Under this section:

• Act means the Migration Act 1958.
• applicant means a person who has made an application to be registered as a migration agent under subsection 288(1) of the Act.
• Authority means the Migration Agents Registration Authority.
• Capstone Assessment means the ‘Migration Agents Capstone Assessment’ offered by Legal Training Australia Pty Ltd (ABN 81151154639).
• C1 Advanced means the Cambridge Advanced Test.
• IELTS Academic test means the International English Language Testing System Academic test.
• LanguageCert Academic means the LanguageCert Academic Test.
• MET means the Michigan English Test.
• PTE Academic means the Pearson Test of English Academic.
• registration application means an application to be registered as a migration agent.
• Regulations means the Migration Agents Regulations 2026.
• TOEFL iBT means the Test of English as a Foreign Language internet-Based Test.

Section 5 – Schedules

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

Part 2 – Specified prescribed courses and examinations for registration as a Migration Agent

Section 6 – Specified prescribed courses

Subsection 6(1) of the instrument provides that for purposes of subsection 30(2) of the Regulations, each of the following courses are specified as a prescribed course:

• the Graduate Diploma in Australian Migration Law and Practice offered by Murdoch University;
• the Graduate Diploma in Migration Law offered by Victoria University;
• the Graduate Diploma of Australian Migration Law and Practice offered by Griffith University;
• the Graduate Diploma in Australian Migration Law offered by Western Sydney University;
• the Graduate Diploma in Migration Law and Practice offered by the University of Technology Sydney;
• the Graduate Diploma in Australian Migration Law and Practice offered by the Australian Catholic University;
• the Master of Australian Migration Law and Practice offered by the Australian Catholic University.

Subsection 6(2) of the instrument provides that for the purposes of subsection 30(2) of the Regulations, each of the following courses, if completed prior to 1 January 2018, is specified:

• the Graduate Certificate in Australian Migration Law and Practice offered by the Australian National University;
• the Graduate Certificate in Australian Migration Law and Practice offered by Griffith University;
• the Graduate Certificate in Australian Migration Law and Practice offered by Murdoch University;
• the Graduate Certificate in Australian Migration Law and Practice offered by Victoria University.

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

Paragraph 289A(2)(a) of the 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 that provision of that Act.

Section 6 of the instrument is similar to former section 6 of the repealed the Migration (IMMI 18/003: Specified courses and exams for registration as a migration agent) Instrument 2018 (IMMI 18/003). Section 6 updates the specified courses for the purposes of subsection 30(2) of the Regulations.

The names of the specified courses in former subsection 6(1) of IMMI 18/003 are the same as the courses mentioned in subsection 6(1) of this instrument, excluding former paragraph 6(1)(g) of IMMI 18/003, that course is no longer available. Transitional arrangements in relation to that course are provided for in section 11 of the instrument.

Section 7 – Specified prescribed examination

Subsection 7(1) of the instrument provides that for the purposes of paragraph 30(3)(a) of the Regulations, the Capstone Assessment is specified as the following prescribed examination for:

• a person who meets all of the following requirements:

• a person who has successfully completed secondary school studies to the equivalent of the Australian Year 12 level, with a minimum of 4 years’ study at a secondary school or equivalent;
• the person who has successfully completed a Bachelor degree, or a higher degree with a minimum of 3 years’ equivalent full-time study;
• for the education mentioned in subparagraphs 7(1)(a)(i) and 7(1)(a)(ii) of the instrument—that education was;

• completed at an education institution in one or more of the countries specified in an item of the table in Schedule 2 to the instrument while the person was living in that country; and
• conducted in English as the primary language of instruction; or

• a person who meets all of the following:

• the person has successfully completed the equivalent of secondary school studies to the Australian Year 10 or Australian Year 12 level;
• the person has successfully completed at least 10 years of primary and secondary schooling at an education institution in one of the countries specified in an item of the table in Schedule 2 to the instrument while the person was living in that country; and
• the person provides evidence that the education mentioned in paragraphs 7(1)(b)(i) and 7(1)(b)(ii) of the instrument was conducted in English as the primary language of instruction.

Subsection 7(2) of the instrument provides that for the purposes of paragraph 30(3)(a) of the Regulations, if a person is not in a class of persons mentioned in paragraph 7(1)(a) or (b) of the instrument, the prescribed examination is specified to be a combination of the following:

• the Capstone Assessment; and
• any of the following examinations in English language proficiency:

• IELTS Academic test;
• TOEFL iBT ;
• C1 Advanced;
• LanguageCert Academic;
• MET;
• PTE Academic.

Paragraph 30(3)(a) of the Regulations provides that for the purposes of paragraph 289A(2)(b) of the Act the prescribed examination is an examination specified under subsection 30(4).

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

The note under subsection 30(4) of the Regulations provides that the instrument may make different provisions with respect to different matters or different classes of matters (see subsection 33(3A) of the Acts Interpretation Act 1901, as applied by subsection 13(1) of the Legislation Act 2003). For example, the instrument could specify different examinations for different classes of persons.

Paragraph 289A(2)(b) of the Act provides that the applicant must not be registered unless the Migration Agents Registration Authority is satisfied that the applicant has passed an examination, prescribed for the purposes of that paragraph of that Act, within a prescribed period before the date of the registration application.

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

Section 7 of the instrument is similar to former section 7 of the repealed IMMI 18/003. Section 7 of the instrument updates the specified prescribed examinations for the purposes of paragraph 30(3)(a) of the Regulations. Subsection 7(2) of the instrument updates the specified exams for the English language proficiency requirements. After consultation with industry and an independent review, the list of the English language test providers has been expanded from the two providers under former paragraph 7(3)(b) of the repealed IMMI 18/003, to a total of six providers. This aligns the requirements with those of the broader Department for the English language test providers accepted for visa purposes.

Section 8 – Specified minimum score to be achieved in a prescribed examination

Subsection 8(1) of the instrument provides that for the purposes of paragraph 30(3)(b) of the Regulations, the minimum score to be achieved by a person covered by subsection 7(2) of the instrument for a prescribed examination specified in paragraph 7(2)(b) of the instrument is specified in the column of the table in Schedule 1 to the instrument that mentions the examination (in the heading of that column).

Paragraph 30(3)(b) of the Regulations provides that for the purposes of paragraph 289A(2)(b) of the Act the Minister may, under a subregulation of those Regulations, specify a minimum pass mark for the examination.

Subsection 8(1) of the instrument is similar to former section 8 of the repealed IMMI 18/003. This subsection updates the specified minimum scores to be achieved by a person mentioned in subsection 7(2) of the instrument, for the specified English language proficiency examinations mentioned in paragraph 7(2)(b) for the purposes of paragraph 30(3)(b) of the Regulations.

This subsection of the instrument also provides for those specified scores in the table in Schedule 1 to the instrument. The scores are based on the IELTS Academic test as a benchmark, and remain the same as former paragraph 8(1)(a) of repealed IMMI 18/003. The equivalency of scores for the other test providers have been assessed against the IELTS score based in latest concordance studies. This has resulted in a minor change in the score for the TOEFL iBT. Section 12 of the instrument provides for the transitional arrangement in relation to the former TOEFL iBT test score.

Subsection 8(2) of the instrument provides that the specified required minimum score must be achieved in a single sitting, unless the specified language test is an IELTS Academic test or a MET.

This subsection of the instrument gives effect to the policy intent, which is to enable an applicant (who is a person mentioned in subsection 7(2) of the instrument) and who is required to undertake the specified prescribed examination (the Capstone Assessment (see paragraph 7(2)(a)), any of the English tests listed in paragraph 7(2)(b), and a re-sit exemption for either of the IELTS Academic or the MET to meet the requirements of section 8 (see subsection 8(2)).

Subsection 8(2) of the instrument applies to relevant applicants mentioned in subsection 7(2) who seek to satisfy the relevant test component under the Single Skill Retake (SSR) pathway. This pathway is made available by certain English test providers (such as IELTS and MET) and it allows the relevant applicant to re-sit a single test component if they have not received the relevant required test score on their first attempt in the original relevant test.

Section 9 – Specified periods for completion of a prescribed examination

This section of the instrument provides that for the purposes of paragraph 30(3)(c) of the Regulations, the following periods for the completion of a prescribed examination specified in section 7 of the instrument are specified:

• for the Capstone Assessment—within a 12-month period from the day the person achieves the required score;
• for the prescribed examinations mentioned in paragraph 7(2)(b) of the instrument—within the 3-year period that ends immediately before the day on which a person covered by subsection 7(2) of the instrument makes an application for registration.

Paragraph 30(3)(c) of the Regulations provides that for the purposes of paragraph 289A(2)(b) of the Act the prescribed period is the period specified under that subregulation of those Regulations.

Section 9 of the instrument is similar to former section 9 of the repealed IMMI 18/003. This section updates the specified completion periods for the prescribed examination mentioned in section 7 of the instrument for the purposes of paragraph 30(3)(c) of the Regulations. The specified period under paragraph 9(b) of the instrument has been increased from the two years accepted under former paragraphs 9(1)(d)-(e) of repealed IMMI 18/003 to three years to make it more equitable for applicants.

Part 3 – Application and transitional provisions

Section 10 – Application of this instrument

This section of the instrument provides that the instrument applies in relation to a registration application made on or after the commencement of this instrument.

Section 11 – Specified evidence for registration applications—prescribed course undertaken before the commencement of this instrument

This section provides for the specified evidence for a registration application where an applicant has commenced the specified prescribed course mentioned in section 11 of the instrument within the period mentioned in paragraph 11(b) of the instrument, and who has made an application for registration, including where the Migration Agents Registration Authority has not made a decision before the commencement of the instrument (1 April 2026).

Section 11 of the instrument provides that for the purposes of subsection 30(2) of the Regulations, the Master of Australian Migration Law and Practice offered by Griffith University is specified as a prescribed course where a person:

• makes a registration application; and
• provides evidence as part of the application that the course:

• commenced before the commencement of the instrument; and
• was completed:

• before the commencement of the instrument; or
• in the period that ends 12 months from the day on which the instrument commences (1 April 2026).

Section 12 – Specified evidence for registration applications—specified minimum score to be achieved in the TOEFL iBT

This section provides for the specified evidence for a registration application where an applicant has achieved the specified minimum score mentioned in the table under subparagraph 12(b)(ii) of the instrument in the specified prescribed examination mentioned in section 12 of the instrument, and who has made an application for registration, in which the Migration Agents Registration Authority (the Authority) has not made a decision in relation to that application at the time the instrument commences or on or after the instrument commences (1 April 2026).

Section 12 of the instrument provides that for the purposes of paragraph 30(3)(b) of the Regulations,

the TOEFL iBT is specified as a prescribed examination where an applicant:

• makes a registration application:

• before the commencement of this instrument and the Authority has not made a decision in relation to that application at the time the instrument commences; or
• on or after the commencement of this instrument; and

• provides evidence that the applicant:

• attempted the TOEFL iBT either:

• before the commencement of this instrument; or
• in the period that ends 3 months from the day on which this instrument commences; and

• achieved the minimum score that is specified in the following table for the test, and within the period of 2 years immediately before the applicant makes the registration application (that is, the required score cannot be achieved in a test more than 2 years before applying).

Schedule 1—Specified minimum examination scores

Schedule 1 to the instrument provides for the specified minimum examination scores to be achieved for the purposes of section 8.

Schedule 2—Specified countries

Schedule 2 to the instrument provides for the specified countries for the purposes of paragraphs 7(1)(a)(iii)(A) and 7(1)(b)(ii).

Schedule 3—Repeals

Item 1 of Schedule 3 repeals the Migration (IMMI 18/003: Specified courses and exams for registration as a migration agent) Instrument 2018.