Migration Agents Registration Application Charge Regulations 2026

The regulations operate by defining monetary amounts and by clarifying when an agent’s status shifts from non‑commercial to commercial for charging purposes under the Act. They rely on several statutory cross‑references and on a handful of operational definitions included in the instrument.

Definitions and sources

• The instrument identifies that many expressions are defined in the Act, including general charge, non‑commercial application charge, non‑commercial basis, registered migration agent and registration application (section 5, Note). The instrument itself defines only two internal reference points: Act (meaning the Migration Agents Registration Application Charge Act 1997) and repeat registration (the latter is said to have the same meaning as in the Migration Agents Regulations 2026) (section 5). Users must therefore read the Act and the Migration Agents Regulations 2026 for full definitional context.

Charges

• General charge: the term is used as in the Act. The instrument quantifies it at $1,760 for a registration application that is not a repeat registration, and $1,595 for a repeat registration (section 6(2)(a)-(b)). Section 6 applies generally to an individual making a registration application unless section 7 applies (section 6(1)).
• Non‑commercial application charge: the term is used as in the Act and is quantified at $160 for a new registration and $105 for a repeat registration (section 7(2)(a)-(b)). Section 7 applies to an individual who intends to provide immigration assistance on a non‑commercial basis (section 7(1)).

Status and timing

• The instrument provides a formulaic test for working out the “first day” in the current period of a registered migration agent’s registration on which they begin to give immigration assistance otherwise than on a non‑commercial basis. That date is the earliest of four enumerated events: (a) the first day in the period on which the agent gives a client an estimate of fees before starting work on the client’s behalf; (b) the first day on which the agent charges a client a fee for services provided; (c) the first day on which the agent is, or becomes, a person associated with, or a member of, an organisation that gives immigration assistance on a commercial, for‑profit basis; or (d) the first day on which the agent is not, or is no longer, giving immigration assistance as a member of, or person associated with, an organisation that operates in Australia solely on a non‑commercial/non‑profit basis and as a charity or for the benefit of the Australian community (section 8). The note in section 8 refers to the Charities Act 2013 for the meaning of charity via section 2B of the Acts Interpretation Act 1901.

Temporal scope and repeal

• The regulations take effect from 1 April 2026 (section 2(1)). They repeal the Migration Agents Registration Application Charge Regulations 1998 (Schedule 1), while preserving the 1998 instrument’s operation for agents who already paid the non‑commercial application charge for a current registration period that includes commencement, until that period ends (section 9).

Limits of the instrument

• The instrument sets amounts, timing rules and the repeal/transitional combination. It does not include ancillary administrative mechanisms such as payment methods, enforcement provisions, refunds or appeals; those functions are matters for the Act or for other instruments and administrative practice. The instrument repeatedly cross‑refers to the Act for statutory meaning (section 3 and section 5 note).

The instrument affects several discrete groups and the responsibilities of officials administering the Act. The text addresses individuals making registration applications, registered migration agents whose status may change during a registration period, organisations that provide immigration assistance, and agents who had paid a non‑commercial application charge before commencement.

Individuals making registration applications

• Applicants for registration are directly affected because the instrument prescribes the exact amounts payable when making a registration application (section 6 applies unless section 7 applies). The applicant must determine whether they are applying as a person who will provide immigration assistance on a non‑commercial basis, because that choice determines whether section 6 (general charge) or section 7 (non‑commercial application charge) applies (see section 6(1) and section 7(1)). The instrument does not set eligibility criteria; it sets the financial charges only.

Applicants seeking repeat registration

• The instrument treats repeat registration as a distinct category with lower specified amounts for both general charges ($1,595) and non‑commercial charges ($105) (sections 6(2)(b) and 7(2)(b)). Repeat registration is defined in the Migration Agents Regulations 2026 (section 5). Any applicant or practitioner must consult the Migration Agents Regulations 2026 to determine whether their application is a repeat registration for the purpose of paying the lower rate.

Registered migration agents changing status within a registration period

• Section 8 is specifically framed for a registered migration agent’s “current period of registration” and identifies the first day in that period on which the agent begins to give immigration assistance otherwise than on a non‑commercial basis. This affects a registered migration agent who intends to or does change from non‑commercial to commercial activity during an ongoing registration period. The earliest of the four events listed in section 8 marks the “begins” date for the Act’s definitions and thus can change the agent’s charge basis or the remaining period calculation under the Act.

Organisations and membership/association

• Paragraph 8(c) makes an agent’s association with or membership of an organisation that gives immigration assistance commercially a trigger event. Therefore, organisations that provide immigration assistance commercially affect individual agents by altering those agents’ charge basis if association/membership occurs during a registration period.

Agents who already paid the non‑commercial charge before commencement

• Section 9(1)-(2) protects agents who paid the non‑commercial application charge in relation to a current period of registration that includes commencement. For those agents, despite the repeal of the 1998 regulations, the 1998 Regulations continue to apply “for the purposes of Part 3 of the Act” as if not repealed until the end of that current registration period (section 9(2)). Practically, this affects those agents’ obligations and rights under Part 3 of the Act for that finite period.

Administrators and registries

• The Department or agency administering the Act will need to implement the new fixed amounts, recognise the transitional carry‑over of the 1998 instrument for certain agents, and apply the section 8 tests to agents who change status mid‑period. The instrument itself does not set out administrative processes, but it imposes categorical monetary and timing rules that administrators must operationalise from 1 April 2026 (section 2(1)).

The instrument imposes a clear duty to pay the prescribed charge that corresponds to the applicant’s declared or actual basis for providing immigration assistance, and sets out the precise factual events that determine when a registered agent moves from non‑commercial to commercial status within a registration period.

Primary duties

• Pay the correct charge on filing a registration application. If the applicant will not provide immigration assistance on a non‑commercial basis, section 6 prescribes the general charge: $1,760 for an application for registration that is not a repeat registration, and $1,595 for a repeat registration (section 6(2)). If the applicant intends to provide immigration assistance on a non‑commercial basis, section 7 prescribes the non‑commercial application charge: $160 for an application that is not a repeat registration, and $105 for a repeat registration (section 7(2)). Section 6(1) makes clear section 6 applies to an individual making a registration application unless section 7 applies.

Duty to determine and document basis

• The distinction between commercial and non‑commercial basis is consequential for the payment amount. Section 7(1) requires that section 7 applies to an individual who “intends to provide immigration assistance on a non‑commercial basis”. Intention is therefore a relevant legal touchstone at the time of application. Following the application, section 8 supplies the mechanics for working out when a registered agent begins to give immigration assistance other than on a non‑commercial basis during a current registration period. The instrument thereby creates a compliance task: an applicant or registered agent must determine intention at application and must monitor the enumerated events in section 8 that can change status during the registration period.

Duty on agents who change status mid‑period

• Registered migration agents who shift from non‑commercial to commercial activity during a registration period must identify the earliest event listed in section 8 that marks the “first day” they begin to give immigration assistance otherwise than on a non‑commercial basis. That date is relevant to the Act’s definitions of begins and remaining period (section 8). The instrument thus imposes an evidential duty to track fee estimates, fees charged, organisational association/membership, and the nature of the organisation’s operations regarding non‑profit/charitable status.

Rights preserved by the instrument

• Applicants who paid the non‑commercial application charge in relation to a current registration period that includes commencement on 1 April 2026 retain the application of the previous regulatory regime (the 1998 Regulations) for the purposes of Part 3 of the Act until the end of that current registration period (section 9(2)). This is a transitional right preserving the prior regulatory treatment of Part 3 for those specific individuals.

Absence of procedural details and enforcement in the instrument

• The instrument does not specify appeal rights, refund mechanics, penalties, collection measures or administrative timelines for payment. Those procedural rights and duties, including any enforcement mechanism for non‑payment, must be sourced from the Act or other instruments. The instrument’s silence on these matters means that the primary duty it imposes is monetary and classificatory: pay the prescribed amount corresponding to your declared or actual basis, and observe the section 8 tests if your status shifts during a period.

The instrument itself is confined to specifying charge amounts, timing rules and a limited transitional provision. It does not prescribe penalties, enforcement mechanisms, payment procedures, or dispute resolution processes. The document states its authority is the Migration Agents Registration Application Charge Act 1997 (section 3), which is the statutory source likely to contain collection, enforcement and penalty provisions, but those provisions are not reproduced or amended in this instrument. Consequently:

• No penalties or infringement mechanisms are established by the regulations. The instrument does not create enforcement tools or specify administrative sanctions. It simply prescribes amounts and timing rules (sections 6-8).
• The Act must be consulted to identify the statutory machinery for enforcing payment, applying penalties for non‑payment, and resolving disputes or appeals about charges, because the instrument is made under that Act (section 3) and several core terms are defined in the Act (section 5, Note). The instrument’s silence on enforcement means administrators and practitioners must refer back to the Act and any other relevant instruments or departmental practice directions for operational detail.
• The instrument’s transitional provision (section 9) affects legal entitlement and application of Part 3 of the Act for particular individuals; any enforcement action that concerns those entitlements during the transitional period would need to be assessed against the combination of the Act, the repealed 1998 Regulations as preserved by section 9(2), and this instrument.

In short, this instrument imposes monetary obligations and timing tests, but it does not itself set out penalty or enforcement processes; those remain located in the Act and associated regulatory and administrative frameworks. Administrators and practitioners should therefore align charge assessment and collection procedures to the Act’s enforcement provisions rather than to this instrument alone.

The regulations are narrowly framed and cross‑refer to the principal Act and to other instruments and statutes for definitions and legal effect. The principal interactions are:

Primary statutory source

• The instrument is made under the Migration Agents Registration Application Charge Act 1997 (section 3). The Act is therefore the primary legal source for meanings of key terms, the scope of the charge regime, and the enforcement and administrative machinery that sits around the charges established here. The instrument repeatedly notes that expressions used are defined in the Act (section 5, Note). Practitioners must read the Act for the full legal operation of the charge regime.

Migration Agents Regulations 2026

• The instrument expressly imports the definition of repeat registration from the Migration Agents Regulations 2026 by stating that repeat registration “has the same meaning as in the Migration Agents Regulations 2026” (section 5). The financial distinction between initial and repeat registration set out in sections 6 and 7 therefore depends on how repeat registration is defined in that separate instrument.

Charities Act 2013 and Acts Interpretation Act 1901

• Section 8 includes, as an event that denotes the first day an agent begins to give immigration assistance otherwise than on a non‑commercial basis, the day the agent ceases to operate solely as a non‑commercial/non‑profit organisation and charity. The instrument’s note states that “Charity has the meaning given by Part 2 of the Charities Act 2013 (see section 2B of the Acts Interpretation Act 1901)”. This cross‑reference indicates that the classification of an organisation as a charity, for the purpose of determining whether an agent remains non‑commercial, depends on the Charities Act 2013 and conventional statutory interpretation principles.

Migration Agents Registration Application Charge Regulations 1998

• The instrument repeals the 1998 Regulations in Schedule 1. However, section 9(2) temporarily preserves the application of the 1998 Regulations “for the purposes of Part 3 of the Act” for registered migration agents who paid the non‑commercial application charge for a current registration period that includes commencement. Lawyers should therefore consult the 1998 Regulations in relevant transitional cases, in combination with the Act.

Administrative practice and payment processes

• The instrument sets fixed monetary amounts and timing rules but leaves unspecified the administrative processes for payment, receipt, refunds, apportionment, or evidence standards. These operational aspects will be determined by administrative practice, the Act’s provisions, and any department protocols. Since the instrument does not provide these rules, there is a necessary legal and administrative interplay between the instrument and the department’s payment, record‑keeping and audit procedures.

Interpretive boundaries

• The instrument supplies concrete tests for when an agent becomes commercial within a registration period (section 8). Those tests interact with the Act’s definitions of begins and remaining period,the instrument is explicit that its tests are “for the purposes of” those Act definitions (section 8). Therefore, the interpretive task is to read the instrument’s enumerated events into the Act’s statutory machinery. Any dispute about interpretation or application will require combined reference to section 8 here and the corresponding provisions of the Act.

In all cases, the instrument relies on other laws and instruments for definitional content, enforcement machinery and procedural practice. The regulation’s narrow content makes those cross‑references central to legal operation.

The instrument itself contains its own immediate amendment steps and a clear repeal of the prior regulatory instrument. The materials within the instrument record these changes and the dates of effect.

Key dates and making

• The instrument is dated 19 February 2026 and shows the Governor‑General and the Assistant Minister by whose command it was made (front matter). The commencement table states that the whole instrument commences on 1 April 2026 (section 2(1)). The instrument’s commencement table includes a note that the table relates only to the provisions as originally made and will not be amended to deal with later amendments (section 2 note).

Repeal of the 1998 Regulations

• Schedule 1 expressly repeals the Migration Agents Registration Application Charge Regulations 1998 by stating “The whole of the instrument. Repeal the instrument.” The repeal is subject to the transitional provision in section 9(2) for certain agents.

Transitional provision

• Section 9 establishes how the repeal of the 1998 Regulations will be managed for registered migration agents who paid the non‑commercial application charge in relation to a current registration period that includes the day this instrument commences. For those persons, despite the repeal, the 1998 Regulations continue to apply in relation to them for the purposes of Part 3 of the Act until the end of the current period of registration (section 9(1)-(2)).

No recorded prior amendments

• The instrument as presented does not show any prior amendments to itself; it is the instrument that repeals the 1998 instrument and sets new amounts and tests. The instrument contains a standard “Schedules” provision (section 4) stating that each instrument specified in a Schedule is amended or repealed as set out in the Schedule, which is how the 1998 Regulations are repealed.

Notes about future amendment practice

• The commencement table includes an editorial note that column 3 information is not part of the instrument and may be edited in any published version (section 2(2)). That is a drafting and publication convention rather than a substantive amendment mechanism.

Users seeking amendment history beyond what is in this instrument will need to consult the Federal Register of Legislation for any subsequent amending instruments, and the Migration Agents Registration Application Charge Act 1997 and subordinate instruments to track changes to definitions (for example, the Migration Agents Regulations 2026) that have been referenced.

The instrument contains no express references to cases, judicial decisions or administrative review outcomes. It names no litigation, and it does not cite or incorporate judicial interpretations. As a standalone regulation, it sets amounts and timing tests; any legal disputes about those amounts, their application to particular factual situations, or the operation of the transitional provision would arise under the Act and would be resolved in the relevant forums established by the Act or general administrative law, but the instrument itself records no such proceedings.

What the instrument does provide for adjudication is limited to determinative facts: the earliest of the enumerated events in section 8 establishes when a registered migration agent has “begun” to give immigration assistance otherwise than on a non‑commercial basis for the purposes of the Act. That clarity reduces, but does not eliminate, fact‑based disputes about timing. Potential litigation or review could focus on:

• whether a particular communication constitutes an “estimate of fees” before starting work (section 8(a));
• whether a transaction qualifies as charging “a fee for services provided” (section 8(b));
• whether the nature of an organisation’s operations means it is a commercial, for‑profit provider of immigration assistance for the purpose of section 8(c); or
• whether an organisation is, in law, a charity or operates solely on a non‑commercial or non‑profit basis as required by section 8(d)(i)-(ii), with the instrument’s note pointing to the Charities Act 2013 for the meaning of charity.

Those questions are inherently factual and legal and could be the subject of administrative review or court proceedings, but the instrument records no specific litigation outcomes or precedents. Practitioners should therefore be prepared for factual disputes to be decided under the Act and in appropriate tribunals or courts rather than by reference to any existing litigation cited in this instrument.

The instrument’s concise form contains several practical traps and points where minor factual acts have outsized consequences. These are concrete mechanisms in the text that an applicant or registered migration agent should treat as compliance hazards.

1. Intention at the time of application matters (section 7(1))

• Section 7 applies only where the individual “intends to provide immigration assistance on a non‑commercial basis”. Intention is assessed at the time the regulation applies to the application. An applicant who states or evidences an intention to operate non‑commercially but later acts commercially may trigger the section 8 tests mid‑period. Misstating intention to secure the lower fee has legal and administrative consequences under the Act even though the instrument itself does not set out penalties.

2. “Estimate of fees” before starting work is a trigger (section 8(a))

• Giving a client an estimate of fees before starting work is one of the enumerated events that marks the first day the agent begins to give immigration assistance otherwise than on a non‑commercial basis. Even if no fee is charged at that time, merely providing an estimate can change status. Agents desiring to retain non‑commercial status should note that pre‑engagement fee estimates are captured.

3. Charging any fee triggers status (section 8(b))

• The first day on which the agent charges a client a fee for services provided is an explicit trigger. This is a low threshold: any fee charged during the registration period is a change event under section 8.

4. Association or membership with a commercial organisation is a trigger (section 8(c))

• Becoming a person associated with, or a member of, an organisation that gives immigration assistance on a commercial, for‑profit basis triggers the switch. The instrument does not define “associated with” in this text; the label may require careful factual analysis and triggers interaction with corporate and association law or employment/engagement arrangements.

5. Ceasing to be exclusively with a charity/non‑profit is a trigger (section 8(d))

• If an agent is not, or is no longer, giving immigration assistance as a member of, or person associated with, an organisation that operates solely on a non‑commercial or non‑profit basis and as a charity or for the benefit of the Australian community, that first day is a switch. Determining whether an organisation “operates solely” on such a basis depends on the organisation’s legal and operational structure and on the Charities Act 2013 meaning of charity (section 8 note). Small shifts in an organisation’s activities can therefore change an agent’s status.

6. Repeat registration defined elsewhere (section 5)

• The instrument charges lower amounts for repeat registration, but “repeat registration” is defined in the Migration Agents Regulations 2026, not in this instrument. Failure to consult that instrument can lead to paying the incorrect amount.

7. Transitional preservation of the 1998 Regulations is narrow (section 9)

• Section 9(2) preserves the 1998 Regulations for the purposes of Part 3 of the Act only for registered migration agents who paid the non‑commercial application charge in relation to a current period that includes the day this instrument commences. That is a limited cohort and the preservation lasts only until the end of that current registration period. Agents who assume broad grandfathering will be mistaken.

8. Administrative silence on payment mechanics and enforcement

• The instrument prescribes amounts but is silent on payment methods, timelines, refunds, or enforcement. Practitioners should not assume administrative practice is obvious; check the Act and departmental process documents to ascertain payment windows, evidence requirements, or recovery procedures.

9. Small monetary differentials matter

• The non‑commercial initial application charge ($160) is a small fraction of the general charge ($1,760). The differential creates a strong financial incentive to claim non‑commercial status at the time of application and to avoid any act that would trigger the section 8 events during a registration period. That incentive means agents and administrators must carefully document intention and any later change events.

10. Interaction with charitable status law

• Because the instrument imports the Charities Act 2013 meaning of charity (section 8 note), questions about whether an organisation qualifies as a charity will require engagement with charity law, not migration law alone. A change in charitable registration or corporate purpose might produce a status shift under section 8.

These are not novel legal propositions but are the direct operational consequences of the instrument’s design. Each “gotcha” arises from a provision cited above and will be a source of compliance risk if not actively managed.

This section sets out practical, instrument‑driven steps an applicant, a registered migration agent, or an administering agency should follow to align with the regulations’ requirements. All references below are to provisions within the instrument.

1. Determine whether section 7 applies at application (section 7(1))

• Before submitting a registration application, decide whether you “intend to provide immigration assistance on a non‑commercial basis” (section 7(1)). If so, prepare to pay the non‑commercial application charge set out in section 7(2): $160 for a new application, $105 for a repeat registration. If not, prepare to pay the general charge in section 6(2): $1,760 for a new application, $1,595 for a repeat registration. Document the stated intention in application materials and retain contemporaneous records showing the basis for that stated intention.

2. Check whether your application is a repeat registration (section 5)

• The instrument treats repeat registration differently; the meaning of “repeat registration” is in the Migration Agents Regulations 2026 (section 5). Identify whether your application is a repeat registration under that instrument to select the correct amount. Keep a copy of the relevant Migration Agents Regulations 2026 provision with your application records.

3. Apply the section 8 tests if you are a registered agent during a current period (section 8)

• If you are already a registered migration agent and there is any possibility you will move from non‑commercial to commercial activity during your current registration period, monitor the four events listed in section 8. Specifically:
  • Do not give written or oral fee estimates before starting work if you wish to remain non‑commercial (section 8(a));
  • Do not accept or charge any fee for services if you wish to retain non‑commercial status (section 8(b));
  • Avoid associating with or becoming a member of an organisation that gives immigration assistance commercially (section 8(c)); and
  • Ensure the organisation for which you work continues to operate solely on a non‑commercial/non‑profit basis and qualifies as a charity under the Charities Act 2013 if you rely on that status (section 8(d) and note).
• Keep contemporaneous records of estimates, invoices, receipts, membership or association documents, and organisational governance records to show when, if at all, a triggering event occurred.

4. For those who paid the non‑commercial application charge before 1 April 2026 (section 9)

• If you already paid the non‑commercial application charge in relation to a current registration period that includes 1 April 2026, recognise that Part 3 of the Act continues to be applied as if the 1998 Regulations had not been repealed until the end of that registration period (section 9(2)). Maintain evidence of the payment and the current registration period dates in your compliance file. Administrators should flag these accounts so they apply the preserved regime for the remainder of the period.

5. Update internal payment and application systems

• Administrators and applicants should update forms, fee tables, invoicing systems and online payment portals to reflect the new amounts effective 1 April 2026 (section 2(1)). Include checks to ensure applicants declare whether they intend to operate non‑commercially at the time of application.

6. Train staff on evidential standards

• Because the instrument’s operational switches turn on factual events (estimates, fees charged, associations, organisational status), staff responsible for intake and compliance must be trained to identify and record these events precisely. Create templates for capturing fee estimates, client invoices, membership/association declarations and charity status confirmations.

7. Coordinate with legal and charity advisers where needed

• Where organisational status is relevant to non‑commercial claims, obtain legal advice on whether the organisation meets the Charities Act 2013 requirements and maintain documentary proof of charitable status. This is particularly important if an organisation’s activities are mixed or if fundraising/commercial activity could affect its classification.

8. Retain documentation and audit trails

• Given the small monetary cost difference between the non‑commercial and general charges, maintain a compliance file that captures the applicant’s declared intention, supporting materials, contemporaneous evidence of fee estimates or fees charged, and any notices of association with other organisations. These documents will be necessary to support a position in the face of any administrative query arising under the Act or this instrument.

9. Consult the Act for enforcement and procedural rules

• Because the instrument does not set out enforcement, refund or appeal mechanisms, applicants and administrators must consult the Migration Agents Registration Application Charge Act 1997 and any relevant departmental guidelines to confirm payment deadlines, remedies for overpayment, remedies for underpayment, and any penalties for false declarations.

10. Monitor for further regulatory or legislative changes

• The instrument contains a note that the commencement table will not be updated for later amendments (section 2 note), and it imports definitions from other instruments. Keep watch for amendments to the Act, the Migration Agents Regulations 2026, and any administrative instructions that affect charging, record keeping or the interpretation of “non‑commercial”.

Following these steps aligns administrative practice and individual behaviour with the instrument’s obligations, preserves documentary evidence for any future enquiries, and manages the compliance risk that arises from the instrument’s low‑threshold status triggers (section 8) and significant fee differentials (sections 6-7).