Migration Agents Regulations 1998

These regulations govern how migration agents (people who provide immigration advice and assistance) are registered and regulated in Australia. They operate under the Migration Act 1958.

Key things this legislation does:

1. Controls who can give immigration help

• Generally, you must be a registered migration agent to provide immigration assistance
• Exceptions: Employers can help their own migrant employees with visa applications; professional development sponsors can assist people they sponsor; and close family members (spouses, children, parents, siblings) can help each other without registration

2. Sets registration requirements

• Requires specific qualifications, professional indemnity insurance (minimum $250,000), and character checks
• Repeat registration: Agents must complete Continuing Professional Development (CPD) activities (at least 10 points worth of training per year) to renew their registration
• Lawyers with practising certificates are exempt from the CPD requirements for migration agents (they follow their own professional rules)

3. Regulates training providers

• Establishes a system where the Minister approves CPD providers (training organisations) who deliver professional development courses to migration agents