Migration Agents (CPD Activities, Approval of CPD Providers and CPD Provider Standards) Instrument 2026

The instrument organises its regulatory effect around a small number of concepts that determine eligibility, points, duties and administrative flows. The principal concepts are CPD activity, CPD provider, CPD provider standards, points allocation, mandatory CPD for repeat registration, and the Authority’s role in reporting and quality assurance.

CPD activity and points: The instrument specifies which activities count as CPD and how many points each activity is worth (s 6(1); Schedule 1). Four activity types are specified: Category A workshops (Schedule 1 item 1), accredited units in AQF level 8+ programs (item 2), Category B conferences/seminars/lectures (item 3), and private study with assessment (item 4). Points rules are concrete: workshops attract 1 point per hour of participation, with the workshop limited to 30 participants and requiring real-time facilitation and interaction (Schedule 1 item 1). Accredited AQF units are worth 5 points on successful completion (item 2). Conferences, seminars and lectures are worth 1 point per 1.5 hours (item 3). Private study with assessment attracts 1 point per 1.5 hours, subject to an assessment and a 12‑month completion window from enrolment (item 4).

Categories A and B are functional labels used in the instrument both to differentiate delivery formats and to identify mandatory CPD for repeat registration (s 7). The instrument also specifies topics to which CPD activities must relate: Australian migration law (Act, Regulations), portfolio policies and procedures, the application of those laws and policies to practice, relevant legal or business topics, protection of workplace rights, ethics and the Code of Conduct (s 6(3)).

Cap on online continuous delivery: The instrument caps points for activities undertaken in any continuous 24‑hour online learning period at a maximum of 6 points for activities specified under s 6(1)(a) (s 6(2)). That cap interacts with the per-hour point allocations in Schedule 1 and is material to providers planning long online events.

Mandatory CPD for repeat registration: The instrument prescribes minimum mandatory points that a repeat-registration applicant must have completed: at least 5 points from Category A activities and 2 points in topics tied to ethical standards and the Code (s 7(1)). This mandatory requirement is disapplied for applicants who hold an Australian legal practising certificate at the time of application (s 7(2)).

CPD provider standards and administrative obligations: Schedule 2 sets detailed standards providers must meet. These govern delivery (including real-time interaction, facilitator suitability and suitable physical or online environments), policies and administration (complaints, refunds, privacy and consumer laws), integrity (avoid discouraging cooperation with the Department and avoiding conflicts of interest), marketing (clear identification, accurate points, advertising on the Authority’s website, compliance with the Spam Act 2003), evaluation and cooperation with Authority quality assurance (including access for evaluations and provision of documentation), and records and reporting (keeping records for at least two years and electronically notifying the Authority of successful completions within 14 days) (Schedule 2 clauses 1-6). Providers must commence delivering CPD activities within six months of approval and must not cease delivering for 12 months or more (Schedule 2 Delivery clause 3).

Transitional and application rules: The instrument applies to relevant registration and provider approval applications made on or after commencement (s 10). A transitional evidentiary rule allows repeat-registration applicants who apply between 1 April 2026 and 31 March 2027 to rely on specified CPD evidence for activities that commenced or were completed on or before 30 June 2026 (s 11).

Fee: A non‑refundable (the instrument does not expressly say non‑refundable) application fee of $1,240 is prescribed for CPD provider approval (s 8).

Repeal of the 2017 instrument: The 2017 CPD instrument is repealed in full by Schedule 3.

These concepts together create a regime where CPD content, delivery quality, reporting and administrative compliance are tightly specified, with mandatory minima for those seeking repeat registration, a regime of administrative oversight by the Authority, and operational rules for providers about advertising, refunds and records.

Primary affected parties are registered migration agents, CPD providers and entities seeking to become approved CPD providers, the Migration Agents Registration Authority (the Authority), and applicants for repeat registration. Secondary effects reach presenters and facilitators, employers of migration agents, and any party that interacts with CPD providers through marketing or vendor relationships.

Registered migration agents: The instrument directly affects registered migration agents by defining eligible CPD activities and assigning CPD points relevant to their requirement to accrue CPD for registration and repeat registration (s 6; Schedule 1). For applicants for repeat registration, the instrument imposes mandatory CPD minima: 5 points from Category A activities and 2 points relating to ethical standards and the Code of Conduct, unless the applicant holds an Australian legal practising certificate at the time of application (s 7(1)-(2)). The transitional provisions in s 11 create a limited acceptance window for earlier CPD evidence for repeat-registration applications lodged between 1 April 2026 and 31 March 2027.

CPD providers: Entities that deliver CPD must apply for approval as CPD providers (s 8 establishes the fee) and once approved must comply with extensive standards (Schedule 2). These standards affect providers’ operations, marketing, records management, internal policies (complaints, refunds) and delivery methods. Providers must advertise upcoming CPD activities on the Authority’s website (Schedule 2, Marketing and Advertising clause 4.3). Providers must not discourage cooperation with the Department or bring the profession into disrepute (Schedule 2, Integrity clause 3.1). Providers must start delivering within six months of approval and must not stop delivering for 12 months or more (Schedule 2, Delivery clause 3).

Presenters and facilitators: The instrument requires that providers ensure CPD activities are prepared or presented by persons suitably qualified, by formal qualifications or experience (Schedule 2 Delivery clause 1.2.6). Presenters therefore face expectations about competence, and their credentials will likely be scrutinised by providers and, on audit, by the Authority (Schedule 2 Evaluation clause 5.2).

The Authority and Minister: The Authority is the reporting recipient for completion notifications and the body conducting quality assurance processes (Schedule 2 clauses 5.2, 6.2). The instrument creates obligations for providers to cooperate with Authority staff and to give the Authority documentation and access for evaluation (Schedule 2 clause 5.2). The Minister has a role in approval and cancellation processes under the Regulations; the instrument allows a provider to request cancellation of approval in writing to the Minister (Schedule 2 Delivery note).

Employers and consumers: Employers of migration agents and clients of migration agents will be indirectly affected because the instrument changes which CPD activities are available and the oversight expected of providers. The instrument also explicitly requires compliance with consumer law in a provider’s policies and administrative arrangements (Schedule 2 clause 2.1.3).

Other legal regimes: The instrument references other statutory regimes which affect affected parties’ compliance duties, including the Migration Act, the Migration Agents Regulations 2026, the Code of Conduct (Migration (Migration Agents Code of Conduct) Regulations 2021), the Higher Education Support Act definition of the Australian Qualifications Framework and the Spam Act 2003 (s 4; Schedule 2 Marketing and Advertising clause 4.5). Providers must comply with privacy and occupational health and safety laws in their policies (Schedule 2 clause 2.1).

Who pays and who decides: CPD providers pay the $1,240 application fee (s 8). Providers decide the content, delivery method, pricing, and internal policies, subject to the instrument’s mandatory standards (Schedule 2). The Authority receives completion reports and carries out quality assurance checks. The Minister approves providers under the Regulations; providers may request cancellation of approval from the Minister (Schedule 2 Delivery note).

In sum, the instrument imposes actionable requirements on migration agents seeking to maintain registration and on organisations wishing to deliver CPD, while setting the Authority’s administrative role as regulator and report recipient.

This instrument sets out precise duties for CPD providers and prescribes minimum CPD requirements for repeat-registration applicants. Rights are implicit and administrative: applicants may rely on accepted evidence per the transitional rules, and providers have procedural rights under the Regulations to apply and to request cancellation. The instrument itself does not create express statutory rights to appeal or review within this text; review and appeal mechanisms will sit in the broader regulatory framework.

Primary duties of CPD providers

• Apply for approval and pay the prescribed fee of $1,240 when applying for CPD provider approval (s 8). The instrument determines the fee amount for the purposes of paragraph 48(2)(b) of the Regulations.
• Commence delivering CPD activities within six months of approval and not cease delivery for 12 months or more (Schedule 2 Delivery clause 1.3). Providers may request cancellation of approval from the Minister if they no longer intend to deliver CPD activities (Schedule 2 Delivery note).
• Ensure CPD activities comply with the Regulations before delivering them or reporting them as completed (Schedule 2 Delivery clauses 1.1 and 1.2).
• Ensure content is consistent with the Code of Conduct and ethical standards, is current and accurate, and is directly related to the latest Occupational Competency Standards for migration agents published by the Authority (Schedule 2 Delivery clauses 1.2 and subclauses 1-5).
• Use suitable learning environments for face-to-face and online activities, including policies and administrative arrangements for support and monitoring of online participants (Schedule 2 Delivery clauses 1.2.4-1.2.5).
• Ensure presenters/facilitators are suitably qualified by formal qualifications or experience (Schedule 2 Delivery clause 1.2.6).
• Maintain policies on learning and assessment, evaluation, records management and privacy, handling complaints, and cancellations and refunds; publish complaints and refund policies on the provider’s website or provide them at enrolment; ensure refunds for provider cancellations and protection of fees paid in advance (Schedule 2 Policies and Administration clauses 2.3-2.5).
• Avoid use of the learning environment to discourage cooperation with the Department or to bring the profession into disrepute and take reasonable steps to avoid conflicts of interest (Schedule 2 Integrity clauses 3.1-3.2).
• Ensure marketing and advertising are professional and lawful, include provider identity, duration, type and points, do not mislead, and advertise upcoming activities on the Authority’s website (Schedule 2 Marketing and Advertising clauses 4.1-4.4). Comply with the Spam Act 2003 when sending commercial electronic messages (clause 4.5).
• Implement evaluation processes that permit participant and presenter feedback, cooperate with quality assurance by the Authority including providing access and materials, participate in periodic reviews and conduct regular internal audits (Schedule 2 Evaluation clauses 5.1-5.5).
• Keep records for at least two years of feedback, evidence of completion, learning and assessment materials with dates, and all presenters and facilitators for each activity (Schedule 2 Records clauses 6.1-6.3).
• Electronically notify the Authority via the Authority website of successful completion of a CPD activity by a registered migration agent within 14 days of completion (Schedule 2 Records clause 6.2).
• Accurately identify participants, record attendance and ensure participants remain for the duration of the activity (Schedule 2 Records clause 6.3).

Duties of registered migration agents

• Comply with CPD requirements for registration and repeat registration as specified in the Regulations and as further specified in this instrument: namely, for repeat registration, ensure a minimum of 5 Category A points and 2 points in ethics/Code topics unless holding an Australian legal practising certificate at the time of application (s 7(1)-(2)).
• Ensure submitted evidence for repeat-registration applications meets the transitional evidentiary requirements where applicable (s 11).

Rights and procedural points

• Providers have the right to apply and be assessed for approval under the Regulations; the instrument sets the monetary fee to be charged on application (s 8).
• A provider may request cancellation of approval from the Minister if it no longer intends to deliver CPD activities (Schedule 2 Delivery note).
• Registered migration agents making repeat-registration applications between 1 April 2026 and 31 March 2027 may rely on specified evidence of activities commenced or completed on or before 30 June 2026 as set out in s 11(2).

What the instrument does not specify within its text

• The instrument does not itself create particular civil or criminal penalties for non‑compliance with the Schedule 2 standards, nor does it set out a formal administrative penalty matrix. It establishes obligations and requires cooperation with the Authority’s quality assurance processes, and it requires remedial action when the Authority informs a provider of non‑compliance (Schedule 2 Evaluation clause 5.5). Matters such as cancellation, suspension or other sanctions will be governed by the Regulations and the Authority’s powers under those instruments; those powers are not restated here. That is, enforcement mechanisms are administrative and situationally exercised under the Regulations and the Authority’s regulatory remit, which the instrument references but does not reproduce (s 3, s 9).

In summary, the instrument creates a dense set of operational duties on providers, concrete minimums for repeat-registration applicants, mandatory reporting and recordkeeping duties, and obligations to cooperate with the Authority’s oversight, while leaving enforcement and sanctioning power to the broader regulatory framework.

The instrument itself does not establish new criminal offences or a bespoke penalty schedule. Instead, it creates administrative obligations and quality assurance mechanisms that feed into the existing regulatory powers of the Authority and the Migrating Agents Regulations 2026 framework. The enforcement architecture within the instrument consists principally of monitoring, reporting obligations, internal and external audits, remedial requirements, and implied regulatory consequences under the Regulations rather than express penalties within the text.

Monitoring and reporting obligations that enable enforcement actions

• CPD providers must electronically notify the Authority of successful completion of CPD activities within 14 days via the Authority website reporting facility (Schedule 2 Records clause 6.2). This creates a near real-time dataset the Authority can use to identify anomalies and trends that may trigger audits.
• Providers must keep specific records for at least two years, including evidence of completion, participant feedback, learning and assessment materials and presenter lists (Schedule 2 Records clause 6.1). These records create an auditable trail for the Authority.
• Providers must accurately identify participants, record attendance and ensure participants remain for the duration of activities (Schedule 2 Records clause 6.3), which assists the Authority in verifying claimed completions.
• Providers must advertise upcoming activities on the Authority’s website (Schedule 2 Marketing clause 4.3). The Authority’s website listing, combined with reporting of completions, enables cross‑checking between advertised activities and reported completions.

Quality assurance and remedial mechanisms

• The instrument binds providers to cooperate with Authority quality assurance processes, including providing Authority staff access to evaluate delivery and producing any requested information or documentation regarding CPD activities and operations (Schedule 2 Evaluation clauses 5.2.1-5.2.2). This cooperation duty allows the Authority to conduct on-site or virtual spot checks and document reviews.
• Providers must participate in periodic reviews by the Authority of compliance with the CPD provider standards and conduct regular internal audits (Schedule 2 Evaluation clauses 5.2.3, 5.4).
• If the Authority informs a provider of non‑compliance, the provider must implement remedial action required by the Authority (Schedule 2 Evaluation clause 5.5). The instrument obliges corrective responses to Authority findings.

Administrative outcomes available under the broader regulatory framework

• The instrument references the Regulations as the source of the Authority’s and Minister’s powers (s 3; s 9 links Schedule 2 as CPD provider standards under paragraph 52(1)(b) and subsection 52(2) of the Regulations). The Regulations, which are not reproduced here, will set out the statutory powers available to the Authority and Minister to refuse, suspend or cancel approvals, or to take other administrative action. The instrument does not itself lay out those sanctioning powers; therefore, to determine concrete sanctioning processes one must consult the Regulations and the Migration Act 1958.
• The instrument permits a CPD provider to request cancellation of their approval in writing to the Minister (Schedule 2 Delivery note). The counterpart ability for the Minister or Authority to cancel approval is not restated in this instrument.

Limitations and practical enforcement features

• The instrument sets clear reporting, records and cooperation obligations that create an evidential basis for enforcement. The absence of express penalties in the instrument means enforcement will be administrative, exercised through the powers in the wider regulatory framework. The instrument’s remedial clause (Schedule 2 clause 5.5) gives the Authority an explicit administrative lever: it may notify non‑compliance and require remedial actions.
• The instrument also establishes publication and marketing constraints, and an obligation to avoid using the learning environment to discourage cooperation with the Department (Schedule 2 Integrity clause 3.1). These are qualitative standards that require context‑sensitive assessment by the Authority.

In short, the instrument relies on reporting, recordkeeping, cooperation with audits and remedial directions as the primary enforcement mechanics, with sanctioning and other administrative responses to be implemented through the existing regulatory powers granted by the Regulations and the Migration Act 1958. The instrument itself creates the detailed compliance requirements that enable the Authority to detect and act upon non‑compliance.

This instrument is constructed to operate within a pre‑existing legal architecture. It explicitly cross-references and relies upon other laws and instruments, and it imports standards from them. The interaction points are both definitional and operational.

Primary statutory references

• Migration Act 1958: The instrument expressly uses the Act as a reference point for definitions and the regulatory context (s 4: "Act means the Migration Act 1958"). The Act governs the registration and conduct of migration agents and gives statutory effect to the regulatory framework within which the instrument operates.
• Migration Agents Regulations 2026: The instrument is made under specific provisions of the 2026 Regulations (s 3 lists section 5, paragraph 31(2)(b), subsection 48(3), subsection 52(2)). The Regulations supply the overarching definitions and powers that the instrument implements, such as the definition of CPD activity and the approval process for CPD providers. Clause 9 of the instrument expressly specifies Schedule 2 as the CPD provider standards for the purposes of paragraph 52(1)(b) and subsection 52(2) of the Regulations.
• Migration (Migration Agents Code of Conduct) Regulations 2021: The instrument requires CPD content to be consistent with the Code of Conduct and ethical standards (Schedule 2 Delivery clauses 1.1 and 1.2). CPD topics specifically include "the Code of Conduct" and "ethical standards for migration agents" (s 6(3)(g)-(h)).
• Higher Education Support Act 2003: The instrument uses the Higher Education Support Act 2003 definition of the Australian Qualifications Framework for the meaning of "accredited unit in a program of learning" (s 4), and valuation of accredited units at AQF level 8 or above (Schedule 1 item 2).
• Spam Act 2003: The instrument requires compliance with the Spam Act 2003 in marketing and commercial electronic messages, with particular emphasis on a functional unsubscribe facility (Schedule 2 Marketing clause 4.5).
• Consumer protection, privacy, workplace and OHS laws: Schedule 2 clause 2.1 requires CPD providers to comply with relevant Commonwealth, State and Territory legislation relating to protection from workplace discrimination and harassment, privacy, Australian consumer law and consumer rights, occupational health and safety, and intellectual property.

Transitional continuity with earlier instruments and regulations

• Repeal of 2017 Instrument: The instrument repeals the Migration Agents (IMMI 17/047) Instrument 2017 in full (Schedule 3). However, the instrument also notes that despite the repeal of the Migration Agents Regulations 1998, certain previous regulations continue to apply in relation to registration applications made before the Regulations' commencement day, as if repeal had not happened (s 10 note referencing section 62 of the Regulations). That note indicates a preservation of legal continuity for pre-existing applications.
• Transitional acceptance of pre-30 June 2026 evidence: Section 11 allows certain CPD evidence that commenced or was completed on or before 30 June 2026 to be used for repeat‑registration applications made between 1 April 2026 and 31 March 2027. This preserves some pre-commencement activity as admissible evidence for a limited period.

Operational overlaps and compliance implications

• Occupational Competency Standards: Schedule 2 Delivery clause 1.2.1 requires CPD content to be directly related to the most recently issued Occupational Competency Standards for migration agents published by the Authority. The instrument therefore links CPD content requirements to a standards document maintained by the Authority, creating a moving benchmark that providers must follow.
• Reporting and data interfaces: The requirement to report completions via the Authority’s website within 14 days (Schedule 2 Records clause 6.2) creates a practical compliance interface between providers and the Authority’s online systems. The Authority’s technology and data policies will be consequential to compliance.
• Regulatory powers under the Regulations: The instrument frequently references the Regulations as the parent instrument for powers such as approval, reporting absolutes and sanctioning. For instance, s 9 treats the Schedule 2 standards as the standards required under the Regulations. Consequently, enforcement, refusal or cancellation powers will be exercised under the Regulations and the Migration Act.

Matters the instrument does not alter

• The instrument does not supplant or alter other substantive migration law obligations contained in the Act or other migration legislation. It is a procedural and standards instrument within the migration agents regulatory architecture.
• Legal remedies, judicial review rights or tribunal appeal mechanisms for decisions under the Regulations are not set out in the instrument. Those rights, as to reviewability of administrative decisions, will exist or not exist according to the Act and Regulations beyond this instrument.

In short, this instrument is an implementing, standards‑setting legislative instrument that relies on and integrates with multiple existing statutory regimes, chiefly the Migration Agents Regulations 2026, the Code of Conduct, relevant education frameworks, consumer and privacy laws, and the Authority’s operational standards.

This instrument is the 2026 CPD instrument for migration agents and replaces the 2017 instrument referred to as Migration Agents (IMMI 17/047: CPD Activities, Approval of CPD Providers and CPD Provider Standards) Instrument 2017 (Schedule 3). The instrument itself details the repeal of the 2017 instrument in Schedule 3, item 1. The explicit features of the instrument that reflect amendment or change relative to the former instrument are embedded in its new specifications of activities, points, provider standards and fee. The instrument comes into force on 1 April 2026 (s 2).

Statutory basis and enactment

• The instrument is made under the Migration Agents Regulations 2026 (s 3). The specified head powers used are section 5, paragraph 31(2)(b), subsection 48(3) and subsection 52(2) of those Regulations. Clause 9 uses subsection 52(2) to specify Schedule 2 as the CPD provider standards under paragraph 52(1)(b).
• The instrument takes effect for applications made on or after its commencement (s 10). It thereby immediately governs new provider approvals and registration applications lodged from 1 April 2026 onward.

Transitional provisions

• Section 10 states that the instrument applies in relation to a relevant registration application (including an application for repeat registration) made on or after commencement and in relation to relevant applications for approval as a CPD provider made on or after commencement (s 10(1)-(2)).
• A critical transitional provision is in s 11. It allows certain repeat‑registration applicants who apply between 1 April 2026 and 31 March 2027 to accompany their application with evidence that CPD activities commenced or were completed on or before 30 June 2026. Section 11(2) identifies exactly which types and how many CPD points can be evidenced: 1 CPD point for ethics/Code (11(2)(a)); up to 5 CPD points for successful private study with assessment (11(2)(b)); and "more than 6 CPD points" for successful completion of each CPD activity undertaken online within a continuous 24‑hour period (11(2)(c)). These transitional evidentiary rules ease the immediate effect of the new rules for a defined cohort of applicants.
• The instrument includes a definition of "accredited unit in a program of learning" as a unit in a course relating to Australian migration law at AQF level 8 or above (s 4). That definitional choice is a substantive design feature tying points to higher education level study.

Repeal of earlier instrument

• Schedule 3 repeals the 2017 instrument in its entirety. The 2017 instrument is therefore no longer in force for applications made after commencement, though the note in s 10 refers to regulatory continuity provisions for applications predating the Regulations’ commencement.

No further amending instruments are set out within this text. The instrument’s content will be effective from commencement and subject to future amendment only through the usual legislative instrument processes under the Regulations and the Migration Act.

This instrument contains no references to case law, litigated determinations, judicial decisions or prior litigation. It does not cite any court or tribunal decisions, and there are no provisions within the instrument that record or adjudicate any litigated disputes.

Consequently, there is no litigation history embedded in this text to summarise. The instrument is regulatory and prescriptive rather than adjudicative. Any future litigation or administrative review would arise from actions taken under the Regulations or the Migration Act in response to decisions applying this instrument, such as refusal or cancellation of CPD provider approvals, or contested decisions about whether particular CPD activities meet the specified standards or whether reported CPD completions are valid.

What the text does reveal about potential dispute vectors

• Recordkeeping and reporting: The instrument requires providers to keep records for at least two years and to report completions within 14 days (Schedule 2 Records clauses 6.1-6.2). Disputes may arise about the sufficiency or authenticity of records, particularly attendance verification and evidence of completion.
• Qualitative standards and enforcement: The instrument imposes qualitative obligations such as avoiding conduct that discourages cooperation with the Department and ensuring content is consistent with ethical standards (Schedule 2 Integrity and Delivery clauses). These qualitative standards require administrative judgment in enforcement and could generate disputes about whether conduct crossed the threshold for regulatory action.
• Transitional anomalies: Section 6(2) caps online continuous 24‑hour activities at a maximum of 6 points, while s 11(2)(c) permits evidence of "more than 6 CPD points" for activities completed online within a continuous 24‑hour period in the transitional regime. This textual tension is a possible source of administrative disagreement and could be litigated if a provider or agent relies on the transitional provision in a way the Authority interprets differently.
• Enforcement and sanctions: The instrument sets out remedial obligations but does not specify sanctions. Disputes could arise if the Authority exercises broader sanctioning powers under the Regulations and parties seek judicial review of those decisions for jurisdictional error or failure to follow procedural fairness.

Absent external decisions or cases referenced in the instrument, the instrument itself offers no litigation record. Users seeking litigation history related to the content should monitor administrative decisions and court records after the instrument’s commencement, and consult the Regulations and the Migration Act for appeal and review pathways outside this instrument.

This instrument contains detailed rules and several places where the practical implications can catch providers, migration agents and their advisers off guard if not read closely. These are specific "gotchas" drawn from the instrument text and the interactions within it.

1. Mandatory Category A minimum and topic minimums for repeat registration

• Repeat‑registration applicants must have 5 points from Category A activities and 2 points across ethical standards and the Code of Conduct unless they hold an Australian legal practising certificate at the time of application (s 7(1)-(2)). Category A points include workshops with specific conditions and accredited AQF units listed in Schedule 1. If an applicant relies primarily on Category B events or private study they risk failing the mandatory Category A minimum.

2. Workshop participant cap constrains point-earning

• Schedule 1 item 1 requires a maximum of 30 participants for a Category A workshop to qualify. Large-scale webinars or online events that exceed 30 participants will not qualify as Category A workshops for the purposes of points allocation under that item unless they meet the participant cap. Providers used to large-scale delivery must restructure events to fit within this limit or split into multiple workshops.

3. Continuous 24-hour online cap vs transitional allowance creates a potential inconsistency

• Section 6(2) caps points for an activity undertaken in any continuous 24-hour online learning period at a maximum of 6 points. However, s 11(2)(c) in the transitional provisions allows evidence of "more than 6 CPD points" for successful completion of each CPD activity undertaken online within a continuous 24-hour period (but only for repeat-registration applications made between 1 April 2026 and 31 March 2027 and for activities commenced or completed on or before 30 June 2026). The practical result is that post‑commencement, continuous 24‑hour online events are capped; during the transitional window, higher pre-30 June 2026 online attainment may be accepted. That creates a narrow temporal exception that providers and applicants must understand and apply correctly.

4. Private study requires assessment and a 12-month completion window

• Private study qualifies only where it includes an assessment and the assessment is completed within 12 months of enrolment (Schedule 1 item 4). Providers offering private study modules need robust enrolment date tracking and assessment management to ensure the time condition is satisfied, otherwise the activity will not generate points.

5. Reporting timeframe is tight

• Providers must notify the Authority of successful completion within 14 days via the Authority web reporting facility (Schedule 2 Records clause 6.2). Providers lacking integrated administrative systems may find this operationally burdensome, particularly for frequent or rolling enrolments. Absence of reporting can create an evidentiary gap for migration agents seeking to rely on points for registration.

6. Participant identification and attendance requirements

• Providers must have processes to accurately identify participants and ensure participants remain in attendance for the duration (Schedule 2 Records clause 6.3). Online providers in particular must implement attendance monitoring that satisfies the Authority, otherwise completions may be questioned.

7. Refund and fee protection wording may not specify mechanism

• Schedule 2 clause 2.5 requires providers’ cancellation and refund policies to include that fees paid in advance will be protected, enabling full refunds if a CPD activity is cancelled by the provider. The instrument does not specify what mechanism constitutes "protected" funds. Providers must therefore decide how to implement this obligation (for example, internal segregation of funds or specific contractual terms) and explain the approach in published policies.

8. Advertising on the Authority website is mandatory

• Schedule 2 clause 4.3 requires providers to advertise upcoming activities on the Authority’s website, "which enables the electronic reporting of attendance." Providers must register and maintain listings on that platform. Failure to list may impede the provider’s ability to submit compliant completion reports.

9. Real-time facilitation and interactivity are required for Category A workshops

• Category A workshops must be conducted in real time by a facilitator and include real-time discussion or interactive participation tools (Schedule 1 item 1). Recorded-only sessions are not Category A. Providers must design sessions to include live interaction, which raises administrative and presenter availability requirements.

10. Suitability of presenters

• Providers must ensure presenters are suitably qualified "whether formally or by experience" (Schedule 2 Delivery clause 1.2.6). The instrument leaves qualification thresholds flexible, which can create evidential disputes about presenter sufficiency in audits.

11. "Not to use the learning environment" restriction is qualitative

• Schedule 2 Integrity clause 3.1 forbids using the learning environment to discourage cooperation with or working constructively with the Department, or to bring the profession into disrepute. This language is qualitative and may create enforcement uncertainty around borderline marketing or classroom statements. Providers should adopt conservative content controls.

12. No express sanctions in the instrument

• The instrument requires remedial action where the Authority informs the provider of non-compliance (Schedule 2 clause 5.5) but does not list fines or penalties. Providers must therefore be familiar with the Regulations and the Authority’s enforcement approach to understand the range of consequences.

13. Transitional timing for evidence of pre-commencement CPD is narrow

• The s 11 transitional window requires repeat-registration applicants to apply between 1 April 2026 and 31 March 2027 and to provide evidence of CPD activities that commenced or were completed on or before 30 June 2026 (s 11(1)). This timing constraint may catch applicants who delay their repeat-registration application.

These items are operationally significant. Providers and agents should map these constraints into their delivery, administrative and recordkeeping systems to avoid failing to meet the strict criteria embedded in the instrument.

Below is a practical, source‑grounded compliance checklist oriented to two primary audiences: CPD providers and registered migration agents (including those applying for repeat registration). Each item cites the relevant clause or schedule in the instrument.

For CPD providers

1. Application and fee

• Apply for approval under the Regulations and pay the prescribed fee of $1,240 for the application (s 8). Confirm acceptance of payment and retain records.

2. Start and continuity obligations

• Commence delivering CPD activities within six months of approval and do not cease to deliver CPD activities for a continuous period of 12 months or more, unless you request cancellation in writing to the Minister (Schedule 2 Delivery clause 1.3; note).

3. Ensure CPD activity compliance

• Only deliver CPD activities that comply with the Regulations and only report registered migration agents as having completed CPD activities if those activities comply with the Regulations (Schedule 2 Delivery clauses 1.1-1.2).
• Align content with the Code of Conduct, ethical standards and the most recent Occupational Competency Standards for migration agents (Schedule 2 Delivery clause 1.2 and subclauses 1-5).

4. Design and delivery standards

• For Category A workshops: cap participants at 30, deliver in real time with a facilitator, and ensure real-time discussion or use interactive participation tools (Schedule 1 item 1).
• For accredited AQF units: confirm that the unit is at AQF level 8 or above and relates to Australian migration law to qualify for 5 points (s 4 definition; Schedule 1 item 2).
• For Category B events: deliver conferences, seminars or lectures in real time by a facilitator (Schedule 1 item 3).
• For private study: include an assessment and ensure completion within 12 months of enrolment (Schedule 1 item 4).

5. Presenter qualifications and environment

• Ensure presenters/facilitators are suitably qualified by formal qualification or experience (Schedule 2 Delivery clause 1.2.6).
• Provide a suitable physical learning environment for face-to-face events and suitable policies/support/monitoring for online events (Schedule 2 Delivery clauses 1.2.1-1.2.5).

6. Policies and administrative arrangements

• Maintain and publish policies on learning and assessment, evaluation and continuous improvement, records management and privacy, handling complaints, handling cancellations and refunds (Schedule 2 Policies clauses 2.3-2.5).
• Ensure complaints and refund policies are fair and reasonable and published or provided at enrolment; include that fees paid in advance will be protected and enable a full refund if the provider cancels (Schedule 2 clause 2.4-2.5).

7. Marketing and advertising obligations

• Clearly identify the provider’s name, the duration and type of the CPD activity, and the number of CPD points in marketing collateral (Schedule 2 Marketing clause 4.2).
• Advertise upcoming CPD activities on the Authority’s website to enable electronic reporting (Schedule 2 Marketing clause 4.3).
• Ensure website information is accurate and consistent with information on the Authority’s website (Schedule 2 Marketing clause 4.4).
• Comply with the Spam Act 2003 for commercial electronic messages and include an unsubscribe facility (Schedule 2 Marketing clause 4.5).

8. Records, reporting and attendance

• Keep records for at least two years: feedback, evidence of completion, learning and assessment materials with dates, and presenter/facilitator lists (Schedule 2 Records clause 6.1).
• Implement processes to accurately identify participants, verify attendance and ensure participants remain for the duration of the activity (Schedule 2 Records clause 6.3).
• Electronically notify the Authority via its website of successful completion by a registered migration agent within 14 days of completion (Schedule 2 Records clause 6.2).

9. Evaluation and cooperation

• Create feedback loops for participants and presenters for each activity (Schedule 2 Evaluation clause 5.1).
• Cooperate with Authority quality assurance: provide access to staff, deliver requested documentation, and participate in periodic reviews (Schedule 2 Evaluation clause 5.2).
• Conduct regular internal audits of compliance with Schedule 2 standards and implement remedial actions when the Authority notifies non-compliance (Schedule 2 Evaluation clauses 5.4-5.5).

10. Integrity and conflict management

• Ensure the learning environment does not discourage cooperation with or working constructively with the Department and does not bring the profession into disrepute (Schedule 2 Integrity clause 3.1).
• Take reasonable steps to avoid real or perceived conflicts of interest in dealings with the Authority (Schedule 2 Integrity clause 3.2).

For registered migration agents and repeat-registration applicants

1. Understand mandatory minima for repeat registration

• Aim to obtain at least 5 CPD points from Category A activities and 2 CPD points in ethical standards and the Code of Conduct for repeat registration unless you hold an Australian legal practising certificate at the time of application (s 7(1)-(2)). Plan CPD selections accordingly.

2. Choose appropriate activity types for points

• For rapid accrual of Category A points consider workshops that meet Schedule 1 item 1 conditions. Accredited AQF units at level 8+ are worth 5 points each and may meet the Category A 5-point requirement (s 4; Schedule 1 item 2).
• Private study can deliver up to 5 points (Schedule 1 item 4) but requires assessment and timely completion.

3. Transitional evidence window

• If applying for repeat registration between 1 April 2026 and 31 March 2027, consider whether you can rely on CPD activity evidence that commenced or was completed on or before 30 June 2026 as permitted by s 11(1). Section 11(2) lists the exact evidence allowed, including 1 point for ethics/Code items, up to 5 points for private study with assessment and an anomalous allowance for "more than 6 CPD points" for certain online completion within a continuous 24‑hour period for pre-30 June 2026 activities.

4. Secure evidence and ensure provider reporting

• Ensure the CPD provider will report your completion to the Authority within 14 days (Schedule 2 Records clause 6.2). Keep copies of completion certificates, assessment results and enrolment dates to substantiate claims.

5. Check that CPD topics align with permitted topics

• Ensure activities relate to the specified topics in s 6(3), relevantly including the Act, the Regulations, portfolio policies, practical application to practice, legal or business topics relevant to practice, protection of workplace rights, and ethics and Code of Conduct topics.

6. Verify provider compliance before enrolling

• Confirm that the provider is approved and in compliance with provider standards. Ask for the provider’s published complaints and refund policies and confirm that they meet the requirements in Schedule 2 clauses 2.4-2.5.

Operational and recordkeeping best practices for both providers and agents

• Integrate attendance systems with the Authority reporting process to meet the 14‑day reporting obligation and the attendance verification requirement (Schedule 2 Records clauses 6.2-6.3).
• Maintain audit trails: enrolment date, IDs or authentication logs, assessment submissions and results, and communications about cancellations and refunds to evidence compliance in case of Authority review (Schedule 2 Records clause 6.1).
• For online delivery, design interactivity and real-time features to suit Category A requirements, and cap participant numbers below or at 30 where Category A designation is intended (Schedule 1 item 1).
• Document internal audit cycles and remedial actions in response to Authority findings, demonstrating compliance with Schedule 2 Evaluation clauses 5.4-5.5.

By following these concrete steps derived from the instrument text, CPD providers and registered migration agents can align operational practices with the new regulatory requirements, maintain the requisite records, and position themselves to comply with Authority oversight.