Migration Agents Regulations 2026

The Migration Agents Regulations 2026 (the instrument) is a replacement regulatory instrument made under the Migration Act 1958 (the Act) that takes effect on 1 April 2026 (reg 2). It consolidates, updates and prescribes a range of matters concerning unregistered provision of immigration assistance, the registration and supervision of registered migration agents, continuing professional development (CPD) requirements, approval and regulation of CPD providers, the content and publication of material on the Register of Migration Agents, appointment and procedures for infringement notices relating to immigration assistance offences, disclosure rules between the Authority, the Secretary and the Administrative Appeals Tribunal (ART), and a suite of transitional provisions to manage the shift from the Migration Agents Regulations 1998 (Part 1-5; regs 4, 11, 22-56, plus Pt 5 transitional).

Mechanically, the instrument:

Defines new and preserved meanings and prescribes specific procedural requirements (eg, definitions at reg 4; publication and content rules at regs 23-29).
Creates an employer/employee exception to the prohibition on giving immigration assistance by unregistered persons, limited by a migrating employee test and the kinds of visas the Minister may specify (regs 6-9; reg 7 permits further specification by legislative instrument).
Provides a statutory definition of close family member for a family-member exception to the prohibition on unregistered assistance (reg 10).
Establishes a streamlined infringement notice regime for alleged breaches of the immigration assistance offence in subsection 280(1) of the Act, including appointment of infringement officers, time limits, notice content, extension, withdrawal and evidentiary certificate rules (regs 11-21).

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Commonwealth Coat of Arms of Australia

Migration Agents Regulations 2026

I, the Honourable Sam Mostyn AC, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 19 February 2026

Sam Mostyn AC

Governor‑General

By Her Excellency’s Command

Julian Hill

Assistant Minister for Citizenship, Customs and Multicultural Affairs Parliamentary Secretary to the Minister for Immigration and Citizenship

Contents

Part 1—Preliminary

1 Name

2 Commencement

3 Authority

4 Definitions

5 Instrument specifying matters relating to CPD activities

Part 2—Immigration assistance given by persons not registered

Division 1—Assistance given by employers and their employees

6 Meaning of employer and employee

7 Specification of kinds of visas for this Division

8 Assistance given to migrating employees

9 Representations made on behalf of migrating employees

Division 2—Assistance given by other persons

10 Assistance given by close family members

Division 3—Infringement notices relating to giving of immigration assistance

Subdivision A—Infringement notices

11 Purpose of this Subdivision

12 Appointment of infringement officers

13 When can an infringement notice be served?

14 What must an infringement notice contain?

15 Can the time for payment be extended?

16 What happens if the penalty is paid?

17 Can an infringement notice be withdrawn?

18 Refund of penalty if notice withdrawn

19 Can there be more than one infringement notice for the same offence?

20 Infringement notice not compulsory

Subdivision B—Evidentiary certificates

21 Evidence

Part 3—Registered Migration Agents

22 Relation by employment

23 Information on the Register of Migration Agents

24 Publication of names of former registered migration agents

25 Removal of disciplinary details from the Register of Migration Agents

26 Applications—publishing requirement

27 Time of registration application

28 Publication of notice of intention to apply for registration

29 Requirement to provide further information

30 Prescribed qualifications

31 Continuing professional development

32 Continuing professional development—lawyers who hold practising certificates

33 Prescribed professional indemnity insurance

34 Registration application—Australian permanent resident

35 Publication of statement about a caution, or the cancellation or suspension of registration

36 Requiring registered migration agents to give information or documents

37 Stay orders—prescribed supervisory requirements

38 Publication of statement about barring former agents from registration

39 Requiring former registered migration agents to give information or documents

40 Method of notification of giving of immigration assistance to visa applicants

41 Method of notification of giving of immigration assistance to review applicants

42 Statement of services

43 Guides

44 Disclosure of personal information by the Authority

45 Disclosure of personal information by the Secretary

46 Disclosure of personal information by the ART

Part 4—Approval of CPD providers

47 Purpose of this Part

48 Application for approval as CPD provider

49 Withdrawal of application

50 Approval of CPD providers

51 Requirements to be approved as CPD provider

52 Conditions of approval as CPD provider

53 Period of approval as CPD provider

54 Automatic continuation of approval as CPD provider until application to be approved again is dealt with

55 Cancellation of approval as CPD provider

56 Delegation

Part 5—Transitional provisions

Division 1—Transitional provisions for the commencement of this instrument

57 Definitions

58 Things done under the Migration Agents Regulations 1998

59 Infringement notices

60 Relation by employment

61 Publication of notice of intention to apply for registration

62 Continuing professional development

63 Stay orders—prescribed supervisory requirements

64 Statement of services—new or ongoing immigration assistance

65 Statement of services—certain service agreements ended before commencement

66 Statement of services—acquisition of property

67 Statement of services—other immigration assistance

68 Disclosure of information

Part 1—Preliminary

1 Name

This instrument is the Migration Agents Regulations 2026.

2 Commencement

(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. The whole of this instrument 1 April 2026. 1 April 2026

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3 Authority

This instrument is made under the Migration Act 1958.

4 Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) child;

(b) client;

(d) registered migration agent;

(e) spouse.

In this instrument:

Act means the Migration Act 1958.

Authority means the Migration Agents Registration Authority.

client number has the same meaning as in the Migration Regulations 1994.

covers, in relation to a service agreement, has the same meaning as in the Migration (Migration Agents Code of Conduct) Regulations 2021.

CPD activity means an activity that:

(a) is specified in an instrument made under section 5; and

(b) relates to a topic specified in an instrument made under section 5; and

(c) is conducted by a CPD provider in accordance with any conditions specified for the activity in an instrument made under section 5.

CPD provider means a person for whom an approval under Part 4 as a CPD provider is in effect.

CPD provider standards has the meaning given by subsection 52(2).

expiry day for an approval has the meaning given by subsection 53(3).

immigration assistance offence means a contravention of subsection 280(1) of the Act.

infringement notice means a notice under section 13.

infringement notice penalty means the penalty mentioned in paragraph 504(1)(ja) of the Act.

infringement officer means:

(a) the Secretary; or

(b) a person authorised by the Minister under section 12.

migrating employee, in relation to an employer, means an employee, or a prospective employee, of the employer:

(a) whom the employer intends to sponsor or nominate for the Migration Regulations 1994; or

(b) whom the employer is likely to sponsor or nominate for that instrument.

repeat registration: an individual applies for repeat registration if the individual:

(a) applies for registration as a registered migration agent; and

(b) has previously been registered as a registered migration agent at some time within the period of 3 years before making the application.

service agreement has the same meaning as in the Migration (Migration Agents Code of Conduct) Regulations 2021.

5 Instrument specifying matters relating to CPD activities

For the purposes of section 290A of the Act, the Minister may, by legislative instrument, specify any or all of the following matters:

(a) activities;

(b) topics to which activities may relate;

(d) the points that activities are worth;

(e) activities that are mandatory and a minimum number of points for such activities;

(f) circumstances in which activities are not worth points or are worth a reduced number of points.

Note: These matters are specified for the purposes of the definition of CPD activity in section 4 and for the purposes of subsection 31(2).

Part 2—Immigration assistance given by persons not registered

Division 1—Assistance given by employers and their employees

6 Meaning of employer and employee

In this Division, a person is the employer of an individual, and the individual is the employee of the person, if:

(a) the person engages the individual to work in the person’s workplace for an indefinite period rather than for a specified term or for the duration of a specified task; and

(b) the person is responsible for paying the individual’s salary or wages.

7 Specification of kinds of visas for this Division

The Minister may, by legislative instrument, specify kinds of visas for the purposes of this Division.

8 Assistance given to migrating employees

For the purposes of subsection 276(4) of the Act, a person does not give immigration assistance in the following circumstance:

(a) the person gives assistance referred to in subsection 276(1) or (2) of the Act;

(b) the person is:

(i) the employer or prospective employer of the person to whom the assistance is given; or

(ii) an employee of the employer or prospective employer of the person to whom the assistance is given who is acting on the employer’s behalf;

(d) the migrating employee has made or intends to make an application for a kind of visa specified in an instrument made under section 7 of this instrument;

(e) the assistance is given in relation to the application;

(f) the person giving the assistance is not a registered migration agent.

9 Representations made on behalf of migrating employees

For the purposes of subsection 282(5) of the Act, a person does not make immigration representations in the following circumstance:

(a) the person makes representations, or other communications, to the Minister, a member of the Minister’s staff or the Department (the representations);

(b) the person is:

(i) the employer or prospective employer of the person on whose behalf the representations are made; or

(ii) an employee of the employer or prospective employer of the person on whose behalf the representations are made who is acting on the employer’s behalf;

(c) the person on whose behalf the representations are made is a migrating employee of the employer or prospective employer;

(d) the migrating employee has made or intends to make an application for a kind of visa specified in an instrument made under section 7 of this instrument;

(e) the representations are made in relation to the application;

(f) the person making the representations is not a registered migration agent.

Division 2—Assistance given by other persons

10 Assistance given by close family members

(1) For the purposes of the definition of close family member in subsection 280(7) of the Act, close family member, in relation to a person, means:

(a) the spouse or de facto partner of the person; or

(b) a child, parent or sibling of the person; or

(2) In this section, step‑child, in relation to a parent, means:

(a) a person who is not the child of the parent but who is the child of the parent’s current spouse or de facto partner; or

(b) a person who is not the child of the parent but:

(i) who is the child of the parent’s former spouse or former de facto partner; and

(ii) who has not turned 18; and

(iii) is covered by subsection (3).

(3) A person is covered by this subsection if the parent has either of the following in relation to the person:

(a) a parenting order in force under the Family Law Act 1975 under which the parent is the person with whom a child is to live, or who is to be responsible for the child’s long‑term or day‑to‑day care, welfare and development;

(b) guardianship or custody, whether jointly or otherwise, under a Commonwealth, State or Territory law or a law in force in a foreign country.

Division 3—Infringement notices relating to giving of immigration assistance

Subdivision A—Infringement notices

11 Purpose of this Subdivision

For the purposes of paragraph 504(1)(ja) of the Act, this Subdivision makes provision for a person who is alleged to have committed an offence against subsection 280(1) of the Act to pay a penalty to the Commonwealth, as an alternative to prosecution.

12 Appointment of infringement officers

(1) The Minister may, in writing, authorise a person or a person included in a class of persons to exercise a power under this Division.

(2) Before authorising a person or a class of persons to exercise a power under this Division, the Minister must consider whether the person or class of persons has appropriate expertise to exercise the power.

13 When can an infringement notice be served?

(1) If an infringement officer has reasonable grounds to believe that a person has committed an immigration assistance offence, the officer may serve an infringement notice on the person in accordance with this Subdivision.

(2) An infringement notice in relation to an immigration assistance offence must be served within 12 months after the date on which, or the last day of the period over which, the offence is alleged to have been committed.

(3) To avoid doubt, if an infringement officer has reason to believe that a person has committed 2 or more immigration assistance offences of the same kind, the officer may serve a separate infringement notice on the person in accordance with this Subdivision in respect of each alleged offence.

14 What must an infringement notice contain?

(1) An infringement notice must:

(a) state the position number of the infringement officer who served the notice; and

(b) set out the day on which, or period during which, the immigration assistance offence is alleged to have been committed; and

(d) set out the infringement notice penalty; and

(e) state that, if the person on whom it is served does not wish the matter to be dealt with by a court, the person may pay the penalty within 28 days after the date of service of the notice unless the notice is withdrawn before the end of that period; and

(f) specify where and how the penalty may be paid; and

(g) set out the procedures relating to the withdrawal of a notice and the consequences of the withdrawal of a notice.

(2) An infringement notice may contain any other information that the infringement officer considers necessary.

15 Can the time for payment be extended?

If an infringement notice has been served on a person, an infringement officer may, if the officer is satisfied that in all the circumstances it is proper to do so, allow a further period for payment of the infringement notice penalty, whether or not the period of 28 days after the date of service of the notice has expired.

16 What happens if the penalty is paid?

(1) This section applies if the person on whom an infringement notice is served pays the infringement notice penalty in relation to the alleged immigration assistance offence before the end of:

(a) the period of 28 days after the date of service of the notice; or

(b) if a further period has been allowed under section 15—that further period.

(2) Any liability of the person in relation to the alleged offence is discharged.

(3) No further proceedings may be taken in relation to the alleged offence.

(4) The person is not to be taken to have been convicted of the alleged offence.

(5) However, this section does not apply if an infringement notice is withdrawn in accordance with section 17, whether or not the infringement notice penalty has been paid in accordance with subsection (1) of this section.

(6) If 2 or more infringement notices are served on a person in respect of separate alleged immigration assistance offences, this section applies only in respect of the alleged offence or offences in respect of which the infringement notice penalty is paid in accordance with subsection (1).

17 Can an infringement notice be withdrawn?

If an infringement notice has been served on a person, an infringement officer may withdraw it by notice in writing served on the person in accordance with this Subdivision, at any time before:

(a) the end of 28 days after the date of service of the infringement notice; or

(b) if a further period has been allowed under section 15—the end of that further period.

Example: An infringement notice may be withdrawn by an infringement officer for the purposes of further investigation of the alleged offence.

18 Refund of penalty if notice withdrawn

If:

(a) an infringement notice has been served on a person; and

(b) the person has paid the infringement penalty in accordance with the notice, or within any further period allowed under section 15; and

an infringement officer must arrange for the refund to the person of an amount equal to the amount paid.

Note: In accordance with subsection 16(5), if an amount is refunded to a person under section 18 in respect of a penalty paid in accordance with an infringement notice that has been withdrawn, section 16 does not apply in relation to the alleged offence for which the infringement notice was issued. Accordingly, the person’s liability in relation to the alleged offence is not discharged. Further proceedings may be taken in relation to the alleged offence and the person may be convicted of the alleged offence.

19 Can there be more than one infringement notice for the same offence?

If:

(a) an infringement notice is served on a person in relation to an alleged immigration assistance offence; and

(b) that infringement notice is withdrawn;

nothing in this Subdivision prevents a further infringement notice being served on the person in relation to that alleged offence.

20 Infringement notice not compulsory

Nothing in this Division:

(a) requires an infringement notice to be served on a person in relation to an alleged immigration assistance offence; or

(b) affects the liability of a person to be prosecuted for an alleged immigration assistance offence if the person does not comply with an infringement notice; or

(c) affects the liability of a person to be prosecuted for an alleged immigration assistance offence if an infringement notice is not served on the person in relation to the offence; or

(d) affects the liability of a person to be prosecuted for an alleged immigration assistance offence if an infringement notice is served and withdrawn; or

(e) limits the amount of the fine that may be imposed by a court on a person convicted of an immigration assistance offence.

Subdivision B—Evidentiary certificates

21 Evidence

Evidentiary certificates

(1) At the hearing of a prosecution for an offence specified in an infringement notice, a certificate signed by an infringement officer and stating:

(a) that the infringement officer did not allow a further period under section 15 for payment of the penalty set out in the notice; and

(b) that the penalty has not been paid in accordance with the notice;

is prima facie evidence of those matters.

(2) At the hearing of a prosecution for an offence specified in an infringement notice, a certificate signed by an infringement officer and stating:

(a) that the infringement officer allowed, under section 15, the further period specified in the certificate for payment of the penalty; and

(b) that the penalty has not been paid in accordance with the notice or within the further time allowed;

is prima facie evidence of those matters.

(3) At the hearing of a prosecution for an offence specified in an infringement notice, a certificate signed by an infringement officer and stating that the notice was withdrawn on a day specified in the certificate is prima facie evidence of that fact.

(4) A certificate that purports to have been signed by an infringement officer is taken to have been signed by that person unless the contrary is proved.

Copy of certificate to be given to defendant 14 days before certificate admitted in evidence

(5) A certificate issued under subsection (1), (2) or (3) must not be admitted in evidence in proceedings for an offence unless:

(a) the person charged with the offence; or

(b) a lawyer who has appeared for the person in those proceedings;

has, at least 14 days before the certificate is sought to be so admitted, been given a copy of the certificate together with notice of the intention to produce the certificate as evidence in the proceedings.

Part 3—Registered Migration Agents

22 Relation by employment

(1) For the purposes of subsection 278(2) of the Act, an individual is related by employment to another individual if both of them are employees of a third individual.

(2) For the purposes of subsection 278(2) of the Act, an individual is related by employment to another individual if:

(a) one of the individuals holds 25% or more of the shares issued by a corporation that provides immigration assistance, or services including immigration assistance; and

(b) the other individual is an employee of the corporation.

Note: Immigration assistance is defined in section 276 of the Act.

(3) For the purposes of subsection 278(2) of the Act, an individual is related by employment to another individual if:

(a) one of the individuals holds a charge (whether fixed or floating) or a mortgage or any other form of security over some or all of the assets of a business or corporation that provides immigration assistance, or services including immigration assistance; and

(b) the other individual is an employee of the business or corporation.

Note: Immigration assistance is defined in section 276 of the Act.

(4) In this section:

employee includes a person engaged as a consultant or as an independent contractor.

23 Information on the Register of Migration Agents

For the purposes of paragraph 287(2)(i) of the Act, the following matters are prescribed:

(a) the registered migration agent’s migration agent registration number;

(b) the registered migration agent’s website address;

(d) the registered migration agent’s email address;

(e) the registered migration agent’s association with each business mentioned in paragraph 287(2)(b) of the Act (whether or not the business is in Australia).

24 Publication of names of former registered migration agents

For the purposes of subsection 287(3A) of the Act:

(a) the prescribed way is by publishing the list on the Authority’s website; and

(b) the prescribed period is 12 months after the date of publication.

25 Removal of disciplinary details from the Register of Migration Agents

For the purposes of subsection 287(6) of the Act, the prescribed period is 14 days after the suspension or the caution ceases to have effect.

26 Applications—publishing requirement

For the purposes of subsection 288(2) of the Act, the prescribed period is 3 years.

27 Time of registration application

For the purposes of subsection 288(4) of the Act, the day on which a registration application is taken to have been made is the day that is the earliest of the following:

(a) the day the application is received electronically by the Authority;

(b) the day the application is received in the Authority’s post office box.

28 Publication of notice of intention to apply for registration

(1) For the purposes of subsections 288A(2) and (3) of the Act:

(a) an individual; or

(b) two or more individuals who are employees of the same employer;

must publish the notice in the way set out in this section.

(2) The notice must include the following information about the individual or each of the individuals:

(a) full name;

(b) any other name by which the individual is or has been known;

(d) a mailing address;

(e) if the individual intends to work as an employee:

(i) the employer’s business name (if any); and

(ii) the employer’s name and address for correspondence; and

(iii) the employer’s business address;

(f) if the individual does not intend to work as an employee:

(i) the business name (if any) that the individual is proposing to use; and

(ii) the individual’s address for correspondence.

(3) The notice must also state:

(a) the address of the Authority for correspondence; and

(b) that information about other applicants can be found on the Authority’s website.

(4) However, subsections (2) and (3) do not require the individual or each of the individuals to include the same address more than once.

(5) The notice must be published on the Authority’s website for a total of at least 30 days.

Note: The notices could in 2026 be viewed on the Authority’s website (http://www.mara.gov.au).

29 Requirement to provide further information

For the purposes of paragraph 288B(2)(a) of the Act, the prescribed period is 28 days.

30 Prescribed qualifications

(1) For the purposes of paragraph 289A(1)(b) of the Act, the prescribed period is 3 years.

(2) For the purposes of paragraph 289A(2)(a) of the Act, the prescribed course is a course specified under subsection (4) of this section.

(3) For the purposes of paragraph 289A(2)(b) of the Act:

(a) the prescribed examination is an examination specified under subsection (4) of this section; and

(b) the Minister may, under that subsection, specify a minimum pass mark for the examination; and

(4) The Minister may, by legislative instrument, specify a matter for the purposes of subsection (2) or (3).

Note: The instrument may make different provision 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.

31 Continuing professional development

(1) For the purposes of subsection 290A(1) of the Act, the prescribed period is 3 years.

Note: The effect of subsection 290A(1) of the Act, combined with this subsection, is that section 290A of the Act (which relates to continuing professional development requirements) applies to applicants for repeat registration as defined in section 4 of this instrument.

(2) For the purposes of subsection 290A(2) of the Act, the requirements for continuing professional development are that:

(a) the applicant completes CPD activities worth at least 10 points; and

(b) the completed activities include activities specified in an instrument made under section 5 of this instrument as mandatory for the applicant and worth at least the minimum number of points specified in the instrument for such activities.

(3) For the purposes of subsection 290A(2) of the Act, the period is:

(a) the 12 months ending on the day the application was made; or

(b) if the Authority is satisfied that the applicant did not meet a requirement in subsection (2) of this section because of exceptional circumstances beyond the applicant’s control—the 15 months ending on the day that is 3 months after the day the application was made.

(4) Points counted for the purposes of deciding an application cannot be counted again for the purposes of deciding a later application.

32 Continuing professional development—lawyers who hold practising certificates

Section 31 does not apply in relation to an application for registration if, at the time of making the application, the applicant is a restricted legal practitioner.

Note: A restricted legal practitioner must satisfy the continuing professional development requirements of the relevant legal professional association. Under section 275 of the Act, a restricted legal practitioner is defined as an Australian legal practitioner with a restricted practising certificate.

33 Prescribed professional indemnity insurance

(1) For the purposes of subsection 292B(1) of the Act, professional indemnity insurance for at least $250,000:

(a) held by an individual; or

(b) held by an organisation of which the individual is a director, employee or member;

is prescribed.

(2) In this section:

employee includes:

(a) a person engaged as a consultant or as an independent contractor; and

(b) a person engaged as a volunteer.

34 Registration application—Australian permanent resident

For the purposes of paragraph 294(1)(b) of the Act, Australian permanent resident means a non‑citizen who is the holder of a permanent visa.

35 Publication of statement about a caution, or the cancellation or suspension of registration

(1) For the purposes of paragraph 305A(1)(a) of the Act, the Authority must publish the statement in writing on the Authority’s website.

(2) For the purposes of subsection 332C(2) of the Act, the Authority must remove the statement within:

(a) for a statement about a caution—the period mentioned in subsection (3) of this section; or

(b) for a statement about a suspension—the period of 5 years after the day that the statement was made available; or

(3) For the purposes of paragraph (2)(a), the period:

(a) starts on the earlier of:

(i) the day that the particulars of the caution are removed from the Register in accordance with subsection 287(5) of the Act; or

(ii) the day of the expiry of the agent’s registration; and

(b) ends 12 months after that day.

36 Requiring registered migration agents to give information or documents

For the purposes of subsection 305C(2) of the Act:

(a) prescribed information, for each of the registered migration agent’s clients, or each client of the business or corporation which employs the agent, is:

(i) the client’s contact information; and

(ii) the client number or Department file number; and

(iii) the client reference number issued by the agent; and

(iv) the client’s date of birth; and

(b) prescribed documents are:

(i) copies of the client files of the registered migration agent, or of the business or corporation which employs the agent; and

(ii) copies of client ledgers, client account documents, and any other financial documents which relate to money paid by or owed to clients of the registered migration agent, or clients of the business or corporation which employs the agent.

37 Stay orders—prescribed supervisory requirements

(1) For the purposes of section 306AA of the Act, the supervisory requirements mentioned in subsections (2), (3), (4) and (5) of this section are prescribed.

(2) The registered migration agent who benefits from the stay of a decision to either cancel or suspend their registration (the supervised agent) must be supervised by another registered migration agent (the supervising agent).

(3) The supervising agent must have at least 5 years experience as a registered migration agent, being a period that does not include any time during which:

(a) the agent’s registration was suspended; or

(b) the agent was subject to a caution that was in effect.

(4) The supervising agent must not:

(a) be the subject of a complaint in relation to which the Authority is considering the cancellation or suspension of the supervising agent’s registration, or cautioning the supervising agent, or refusing an application for registration by the supervising agent; or

(b) be subject to any disciplinary action; or

(5) The supervising agent must:

(a) meet with or telephone any new client of the supervised agent within 28 days of the supervised agent agreeing to represent the client, and explain the supervising agent’s role; and

(b) make file notes of all meetings with any new client of the supervised agent; and

(d) check preparations for any ART hearing involving the supervised agent, and attend the hearing with the supervised agent; and

(e) work directly and regularly (at least once every 21 calendar days) with the supervised agent to ensure compliance with the Code of Conduct prescribed for the purposes of subsection 314(1) of the Act; and

(f) notify the Authority in writing within 14 days after agreeing to supervise the supervised agent; and

(g) notify the Authority in writing within 14 days after ceasing to supervise the supervised agent.

38 Publication of statement about barring former agents from registration

(1) For the purposes of paragraph 311C(1)(a) of the Act, the Authority must publish the statement in writing on the Authority’s website.

(2) For the purposes of subsection 332D(2) of the Act, the Authority must remove the statement within the period of 10 years after the date that the statement was made available.

39 Requiring former registered migration agents to give information or documents

For the purposes of subsection 311EA(2) of the Act:

(a) prescribed information, for each of the former registered migration agent’s clients, or each client of the business or corporation which employs the agent, is:

(i) the client’s contact information; and

(ii) the client number; and

(iii) the Department file number; and

(iv) the client’s date of birth; and

(b) prescribed documents are:

(i) copies of the client files of the former registered migration agent, or of the business or corporation which employs the agent; and

(ii) copies of client ledgers, client account documents, and any other financial documents which relate to money paid by or owed to clients of the former registered migration agent, or clients of the business or corporation which employs the agent.

40 Method of notification of giving of immigration assistance to visa applicants

(1) For the purposes of subsection 312A(1) of the Act, the registered migration agent must notify the Department by:

(a) sending any approved form to the Department that indicates that the agent represents the visa applicant; or

(b) sending a letter to the Department that:

(i) is dated; and

(ii) is signed by the agent; and

(iii) includes the name of the visa applicant; and

(iv) includes the visa applicant’s client number or Department file number (if known); and

(v) includes the agent’s migration agent registration number.

(2) The registered migration agent must notify the Department either:

(a) if the agent agrees to represent the visa applicant in relation to a visa application before the visa application is made—within the period beginning at the time the agent agrees to represent the applicant and ending at the time the visa application is made; or

(b) if the agent agrees to represent the visa applicant in relation to a visa application after the visa application is made—within the period of 28 days after the day the agent agrees to represent the applicant.

41 Method of notification of giving of immigration assistance to review applicants

(1) For the purposes of section 312B of the Act, the registered migration agent must notify the ART by:

(a) submitting a form to the ART in connection with the review application that indicates that the agent represents the review applicant; or

(b) sending a letter to the ART that:

(i) is dated; and

(ii) is signed by the agent; and

(iii) includes the name of the review applicant; and

(iv) includes the agent’s migration agent registration number.

(2) The registered migration agent must notify the ART either:

(a) if the agent agrees to represent the person in relation to a review application before the review application is lodged—within the period beginning at the time the agent agrees to represent the person and ending at the time the review application is lodged with the ART; or

(b) if the agent agrees to represent the person in relation to a review application after the review application is lodged—within the period of 28 days after the day the agent agrees to represent the person.

Note: The requirement to notify the ART applies in relation to a review application. For review application, see subsection 312B(3) of the Act.

42 Statement of services

For the purposes of paragraph 313(3)(c) of the Act, the period is 28 days beginning on:

(a) the day the decision, in relation to the immigration assistance, is made about:

(i) a visa application; or

(ii) a cancellation review application; or

(iii) a nomination or sponsorship application; or

(iv) a request to the Minister to exercise the Minister’s power under section 351 of the Act; or

(b) if the immigration assistance is covered by a service agreement and the service agreement ends before a decision mentioned in paragraph (a) is made—the day the service agreement ends.

43 Guides

(1) The Authority must arrange for the production of a consumer guide that the Authority is satisfied will adequately inform potential clients of a registered migration agent about:

(a) the migration advice profession; and

(b) the functions of the Authority and the legislation regulating the profession; and

(d) complaint procedures.

(2) The Authority may also arrange for the production of other guides to provide information to potential clients of registered migration agents.

44 Disclosure of personal information by the Authority

(1) For the purposes of subsection 321A(2) of the Act, each of the following is a prescribed circumstance:

(a) a registered migration agent, or an inactive migration agent, is currently under investigation for possible offences under the Act;

(b) a client of a registered migration agent, or an inactive migration agent, is currently under investigation for possible offences under the Act;

(d) the personal information is required to allow the Secretary, an authorised officer or the ART to collect information about the conduct of registered migration agents, or inactive migration agents.

(2) For the purposes of subsection 321A(3) of the Act, the recipient may disclose personal information disclosed under subsection 321A(1) of the Act to a relevant professional body if:

(a) the information is about the conduct of a registered migration agent or an inactive migration agent; and

(b) the recipient believes that that conduct may be of concern to the relevant professional body.

(3) For the purposes of subsection (2), relevant professional body means a professional body of which the agent is or was a member.

45 Disclosure of personal information by the Secretary

(1) For the purposes of subsection 332F(2) of the Act, each of the following is a prescribed circumstance:

(a) a registered migration agent, or an inactive migration agent, is currently under investigation for possible offences under the Act;

(b) a client of a registered migration agent, or an inactive migration agent, is currently under investigation for possible offences under the Act;

(d) the personal information is required to allow the ART to collect information about the conduct of registered migration agents, or inactive migration agents.

(2) For the purposes of subsection 332F(3) of the Act, the ART may disclose personal information disclosed under subsection 332F(1) of the Act to a relevant professional body if:

(a) the information is about the conduct of a registered migration agent or an inactive migration agent; and

(b) the ART believes that that conduct may be of concern to the relevant professional body.

(3) For the purposes of subsection (2), relevant professional body means a professional body of which the agent is or was a member.

46 Disclosure of personal information by the ART

(1) For the purposes of subsection 332G(2) of the Act, each of the following is a prescribed circumstance:

(a) a registered migration agent, or an inactive migration agent, is currently under investigation for possible offences under the Act;

(b) a client of a registered migration agent, or an inactive migration agent, is currently under investigation for possible offences under the Act;

(d) the personal information is required to allow the Secretary or an authorised officer to collect information about the conduct of registered migration agents, or inactive migration agents.

(2) For the purposes of subsection 332G(3) of the Act, the Secretary or authorised officer may disclose personal information disclosed under subsection 332G(1) of the Act to a relevant professional body if:

(a) the information is about the conduct of a registered migration agent or an inactive migration agent; and

(b) the Secretary or authorised officer believes that that conduct may be of concern to the relevant professional body.

(3) For the purposes of subsection (2), relevant professional body means a professional body of which the agent is or was a member.

Part 4—Approval of CPD providers

47 Purpose of this Part

This Part is made for the purposes of section 290A of the Act.

48 Application for approval as CPD provider

(1) A person may apply to the Minister for approval as a CPD provider.

(2) The application must be:

(a) in the form approved in writing by the Minister; and

(b) accompanied by the fee (if any) determined under subsection (3) for the purposes of this paragraph.

(3) The Minister may, by legislative instrument, determine a fee for the purposes of paragraph (2)(b).

49 Withdrawal of application

An applicant may withdraw an application by giving notice in writing to the Minister. However, the applicant is not entitled to a refund of the fee paid in relation to the application.

50 Approval of CPD providers

(1) The Minister may, in writing, approve a person who has applied in accordance with section 48 as a CPD provider, if the applicant satisfies the Minister that the applicant meets the requirements for approval set out in subsection 51(1).

(2) However, the Minister must not approve the applicant as a CPD provider if the Minister has any reason to doubt that the fit and proper person requirements set out in subsection 51(2) are met.

(3) If the Minister decides not to approve the applicant as a CPD provider, the Minister must notify the applicant as soon as practicable, in writing, of the decision and the reasons for it.

51 Requirements to be approved as CPD provider

(1) For the purposes of subsection 50(1), the requirements for approval are the following:

(a) either:

(i) the applicant has experience in providing relevant types of learning programs or activities, or has or intends to obtain the services of a person who has such experience; or

(ii) the applicant holds a relevant qualification in training and assessment at the Certificate IV level or higher, or has or intends to obtain the services of a person who holds such a qualification;

(b) the applicant has suitable policies and administrative arrangements in relation to:

(i) learning and assessment; and

(ii) evaluation and continuous improvement; and

(iii) records management, reporting and privacy; and

(iv) handling complaints; and

(v) handling cancellations and refunds; and

(vi) support and monitoring of online learning participants;

(c) the applicant has experience in providing, or understands and intends to provide, suitable training infrastructure, materials and resources for activities of a kind specified in the instrument made for the purposes of section 5;

(d) the applicant is able to deliver training, in a professional level of English, which is of significant intellectual and practical content and relevant to migration law and procedure and to the professional development needs of registered migration agents, or has or intends to obtain the services of a person who is able to do so;

(e) the applicant is suitably qualified, whether formally or by experience, to conduct activities of a kind specified in the instrument made for the purposes of section 5, or has or intends to obtain the services of a person who is suitably qualified.

(2) For the purposes of subsection 50(2), the fit and proper person requirements are that each of the following persons is a fit and proper person:

(a) the applicant;

(b) any person employed by, or providing services to or on behalf of, the applicant in relation to the conduct of CPD activities or activities that would be CPD activities if the applicant were approved as a CPD provider.

52 Conditions of approval as CPD provider

(1) A person’s approval as a CPD provider is subject to the person’s compliance with:

(a) any conditions specified by the Minister in the approval; and

(b) the standards specified for CPD providers in the CPD provider standards.

(2) The Minister may, by legislative instrument (the CPD provider standards), specify standards to be complied with by CPD providers.

Note: Standards are specified for the purposes of paragraph (1)(b) of this section.

53 Period of approval as CPD provider

(1) Unless subsection 54(5) applies, a person’s approval as a CPD provider takes effect:

(a) on the day the Minister approves the person; or

(b) if the Minister approves the person while a previous approval is in effect and before the end of the expiry day for that approval—at the end of the expiry day for the previous approval.

Note: If a person applies to be approved again while a previous approval is in effect, and the Minister approves the person after the expiry day for the previous approval, subsection 54(5) deals with when the new approval takes effect.

(2) Unless continued by subsection 54(3) or cancelled under section 55, a person’s approval as a CPD provider continues in effect until the end of its expiry day.

(3) The expiry day for an approval is:

(a) the second anniversary of the day the approval took effect; or

(b) if subsection 54(5) applies (Minister approves the person while a previous approval is in effect and after the expiry day for that approval)—the second anniversary of the expiry day for the previous approval.

Example 1: The Minister approves a person for the first time on 31 October 2026. The approval takes effect on that day and continues in effect until its expiry day, which is 31 October 2028 (the second anniversary of the day it took effect).

Example 2: The expiry day for a person’s approval is 31 October 2026. Before that day, the person applies to be approved again and the Minister approves the person on 10 October 2026. The previous approval continues in effect until the end of 31 October 2026. The new approval takes effect at the end of 31 October 2026 and continues in effect until its expiry day, which is 31 October 2028 (the second anniversary of the day it took effect).

54 Automatic continuation of approval as CPD provider until application to be approved again is dealt with

When person’s approval is automatically continued

(1) Subsection (3) applies to continue a person’s approval as a CPD provider beyond its expiry day if:

(a) before the end of the expiry day, the person made an application to be approved again as a CPD provider in accordance with section 48; and

(b) the Minister had not decided the application by the end of the expiry day.

Exception—cancellation

(2) However, subsection (3) does not apply to continue a person’s approval as a CPD provider if, before the end of the expiry day, the Minister cancelled the approval.

Period of continuation of approval

(3) The person’s approval as a CPD provider is taken to continue after the expiry day until:

(a) the end of the day the Minister decides the application; or

(b) if the Minister decides to cancel the person’s approval—the day the cancellation takes effect; or

Approval if no decision within a certain period

(4) If, before the end of the period of 21 months beginning on the day after the expiry day, the Minister has neither decided the application nor cancelled the approval, then the Minister is taken to have approved the person as a CPD provider at the end of the last day of that period. The approval is taken to be subject to any conditions specified by the Minister in the previous approval in accordance with paragraph 52(1)(a).

When approval is in effect

(5) If the Minister decides to approve, or is taken to have approved, the person as a CPD provider, the approval:

(a) takes effect at the end of the day the Minister approves or is taken to have approved the person; and

(b) unless continued by subsection (3) or cancelled under section 55, continues in effect until the end of its expiry day (see paragraph 53(3)(b)).

Example: The expiry day for a person’s approval is 31 October 2026. On 20 October 2026 the person applies to be approved again. The Minister has not decided the person’s application by the end of 31 October 2026.

The person’s approval continues automatically past 31 October 2026.

The Minister approves the person on 15 November 2026. The new approval takes effect at the end of 15 November 2026 and continues in effect from that time until its expiry day on 31 October 2028 (the second anniversary of the expiry day for the previous approval—see paragraph 53(3)(b)).

55 Cancellation of approval as CPD provider

(1) The Minister may, by written notice given to a person, cancel the person’s approval as a CPD provider if:

(a) the Minister is satisfied that the person has failed to comply with a condition referred to in paragraph 52(1)(a) or a standard in the CPD provider standards; or

(b) the Minister is not satisfied that the person meets the requirements for approval in subsection 51(1); or

(c) the Minister is satisfied that the person has not done as the person intended in relation to any requirement for approval in subsection 51(1) met on the basis of an intention; or

(d) the Minister has reason to doubt that the fit and proper person requirements set out in subsection 51(2) are met.

(2) The Minister must, by written notice given to a person, cancel the person’s approval as a CPD provider if the person requests the Minister in writing to do so.

(3) Cancellation takes effect on the day notice of the cancellation is given to the person, or on a later day specified in the notice.

56 Delegation

(1) The Minister may, in writing, delegate to an APS employee in the Department any or all of the Minister’s functions and powers under this Part, other than a power to make, vary or revoke a legislative instrument.

(2) In performing functions and exercising powers under a delegation, the delegate must comply with any directions of the Minister.

Part 5—Transitional provisions

Division 1—Transitional provisions for the commencement of this instrument

57 Definitions

In this Division:

commencement day means the day this instrument commences.

old regulations means the Migration Agents Regulations 1998.

58 Things done under the Migration Agents Regulations 1998

(1) If:

(a) a thing was done for a particular purpose under the old regulations; and

(b) the thing could be done for that purpose under this instrument;

the thing has effect for the purposes of this instrument and the Migration (Migration Agents Code of Conduct) Regulations 2021 as if it had been done for that purpose under this instrument.

(2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to a notice, application or other instrument being given or made.

(3) This section has effect subject to this Division.

59 Infringement notices

(1) Division 3 of Part 2 applies in relation to an alleged immigration assistance offence committed before, on or after the commencement day.

(2) Despite the repeal of the old regulations, Division 2.4 of Part 2 of the old regulations continues to apply in relation to an infringement notice given under that Division before the commencement day, as if:

(a) that repeal had not happened; and

(b) an authorised officer includes an infringement officer.

60 Relation by employment

Despite the repeal of the old regulations, regulation 3U of the old regulations continues to apply in relation to a registration application made before the commencement day, as if that repeal had not happened.

61 Publication of notice of intention to apply for registration

Despite the repeal of the old regulations, regulation 4 of the old regulations continues to apply in relation to a notice published under section 288A of the Act before the commencement day, as if that repeal had not happened.

62 Continuing professional development

Despite the repeal of the old regulations, regulations 3AA, 6 and 6A of the old regulations, including any instruments made under those regulations, continue to apply in relation to a registration application made before the commencement day, as if that repeal had not happened.

63 Stay orders—prescribed supervisory requirements

Despite the repeal of the old regulations, regulation 7B of the old regulations continues to apply in relation to court orders made before the commencement day, as if that repeal had not happened.

64 Statement of services—new or ongoing immigration assistance

Section 42 applies in relation to immigration assistance given before, on or after the commencement day, if:

(a) either:

(i) the immigration assistance is covered by a service agreement that is entered into on or after the commencement day; or

(ii) the immigration assistance is covered by a service agreement that was entered into, but has not ended, before the commencement day; and

(b) a decision mentioned in regulation 7I of the old regulations was not made in relation to the immigration assistance before the commencement day.

65 Statement of services—certain service agreements ended before commencement

(1) Subsection (2) applies in relation to immigration assistance given before, on or after the commencement day if:

(a) the immigration assistance was covered by a service agreement that ended before the commencement day; and

(b) a statement of services was not given in relation to the immigration assistance before the commencement day; and

(c) a decision mentioned in regulation 7I of the old regulations was not made in relation to the immigration assistance before the commencement day.

(2) Section 42 applies as if the period prescribed for the purposes of paragraph 313(3)(c) of the Act were the period:

(a) starting on the commencement day; and

(b) ending on 30 June 2026.

66 Statement of services—acquisition of property

(1) Sections 64 and 65 do not apply to the extent that:

(a) the operation of those sections would result in an acquisition of property from a person otherwise than on just terms; and

(b) the acquisition of property would be invalid because of paragraph 51(xxxi) of the Constitution.

(2) In this section:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

67 Statement of services—other immigration assistance

(1) Subsection (2) applies in relation to immigration assistance given before the commencement day if sections 64 and 65 do not apply to the immigration assistance.

(2) Despite the repeal of the old regulations, regulation 7I of the old regulations continues to apply as if that repeal had not happened.

68 Disclosure of information

Sections 44 to 46 apply in relation to the use or disclosure of information on or after the commencement day, whether the information was obtained before, on or after that day.

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Migration Agents Regulations 2026

I, the Honourable Sam Mostyn AC, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 19 February 2026

Sam Mostyn AC

Governor‑General

By Her Excellency’s Command

Julian Hill

Assistant Minister for Citizenship, Customs and Multicultural Affairs Parliamentary Secretary to the Minister for Immigration and Citizenship

Contents

Part 1—Preliminary

1 Name

2 Commencement

3 Authority

4 Definitions

5 Instrument specifying matters relating to CPD activities

Part 2—Immigration assistance given by persons not registered

Division 1—Assistance given by employers and their employees

6 Meaning of employer and employee

7 Specification of kinds of visas for this Division

8 Assistance given to migrating employees

9 Representations made on behalf of migrating employees

Division 2—Assistance given by other persons

10 Assistance given by close family members

Division 3—Infringement notices relating to giving of immigration assistance

Subdivision A—Infringement notices

11 Purpose of this Subdivision

12 Appointment of infringement officers

13 When can an infringement notice be served?

14 What must an infringement notice contain?

15 Can the time for payment be extended?

16 What happens if the penalty is paid?

17 Can an infringement notice be withdrawn?

18 Refund of penalty if notice withdrawn

19 Can there be more than one infringement notice for the same offence?

20 Infringement notice not compulsory

Subdivision B—Evidentiary certificates

21 Evidence

Part 3—Registered Migration Agents

22 Relation by employment

23 Information on the Register of Migration Agents

The instrument organises around a set of governing concepts that determine who may give immigration assistance, what registered migration agents must do, how unregistered activity is policed, and how professional development is governed.

Immigration assistance offence. The instrument repeatedly treats contraventions of subsection 280(1) of the Act as the central "immigration assistance offence" (reg 4). Division 3 of Part 2 establishes an infringement notice alternative to prosecution for alleged contraventions (regs 11-21). Payment of the infringement notice penalty discharges liability and precludes further proceedings for that alleged offence unless the notice is withdrawn (reg 16), but the instrument explicitly preserves the availability of prosecution in many circumstances (reg 20).
Employer/employee exception. Under regs 6-9, a person does not give immigration assistance for the purposes of subsection 276(4) of the Act where assistance of the types listed at subsection 276(1) or (2) is provided by an employer (or an employee acting on the employer’s behalf) to a "migrating employee", provided that the migrating employee has made or intends to make an application for visa kinds that the Minister can specify by legislative instrument (reg 7). The migrating employee concept is defined in reg 4 (includes prospective employees intended to be sponsored or likely to be nominated). The exception is therefore limited by the Minister's power to circumscribe visa kinds and by the connection between the provider and the employer.
Close family member exception. Reg 10 prescribes who counts as a close family member for the s 280(7) definition in the Act, including spouse, de facto partner, child, parent, sibling, and step‑child/step‑sibling with further criteria attaching to step‑child for parenting orders or guardianship (reg 10(2)-(3)). This is a definitional rule for existing Act exceptions.
Infringement notice regime. Part 2 Div 3 (regs 11-21) creates an administrative penalty pathway. The Minister appoints infringement officers and must consider expertise before appointment (reg 12). Notices must be served within 12 months after the date or last day of the period of the alleged offence (reg 13(2)), must contain specified particulars (reg 14), and permit extensions, withdrawal and refund processes (regs 15-18). Subdivision B sets out evidentiary certificates that are prima facie evidence in prosecution hearings, linked to procedural safeguards such as 14 days’ prior provision to the accused or their lawyer (reg 21(5)).
Registration and supervision of registered migration agents. The instrument prescribes who is "related by employment" for the purposes of subsection 278(2) of the Act (reg 22), what information must appear on the Register (reg 23), publication timelines for former agents (reg 24), and timelines for removing disciplinary details (reg 25). Reg 28 prescribes the form and content of the notice of intention to apply for registration and requires publication on the Authority website for at least 30 days. Reg 36 lists the prescribed information and documents the Authority may require from registered agents. Reg 37 prescribes supervisory requirements when a court order grants a stay of a cancellation or suspension (detailed duties and eligibility tests).
Continuing professional development (CPD) and CPD providers. Section 5 authorises the Minister to specify CPD activities, topics, conditions and points by legislative instrument for the purposes of s 290A of the Act and the instrument’s definition of CPD activity (reg 5). Reg 31 prescribes that the CPD requirements in s 290A(1) of the Act apply to applicants for repeat registration (3‑year period) and sets minimum points and mandatory activity requirements (reg 31(2)). Reg 32 excludes restricted legal practitioners who hold practising certificates from reg 31. Part 4 (regs 47-56) creates an approval system for CPD providers, with fit‑and‑proper tests, standards (reg 52), cancellation power, renewal mechanisms, and an automatic continuation process if the Minister does not decide within set timeframes (regs 53-54).
Disclosure and information sharing. The instrument prescribes circumstances in which personal information may be disclosed by the Authority, Secretary and ART (regs 44-46) , principally where a registered or inactive migration agent or a client is under investigation, where an agent has been sanctioned, or where information is required to collect information about conduct. Those recipients may disclose to relevant professional bodies if the information relates to conduct of concern (regs 44(2), 45(2), 46(2)).
Transitional continuity and saving provisions. Part 5 (regs 57-68) preserves certain effects of the old 1998 Regulations for instruments, orders and applications made before commencement, including continuing to apply prior CPD and supervisory rules for pre‑commencement matters (regs 58-63) and ensuring continuity for statements of services and notices (regs 64-67).

The instrument therefore combines definitional precision, administrative enforcement tools, regulated professional obligations and Ministerially delegated specification powers to manage the migration advice ecosystem.

The instrument creates direct and indirect obligations and incentives for a defined set of actors. The primary affected parties, and how they are affected, are:

Employers and their employees. Regs 6-9 create a narrowly tailored exception allowing employers or employees acting on the employer’s behalf to give certain immigration assistance to "migrating employees" without being registered, provided the application relates to visa kinds the Minister may specify (reg 7). Employers who intend to sponsor or nominate employees, and their internal HR or migration staff (including consultants and contractors captured as "employee" by reg 22(4)), will need to determine whether their activity falls within the exception and whether the visa type is within the Minister’s specification.
Unregistered persons generally. The instrument clarifies who may lawfully give immigration assistance without registration. Close family members defined in reg 10 are covered by the family‑member exception. Others who provide assistance beyond those exceptions risk being subject to an immigration assistance offence and therefore exposure to infringement notices or prosecution (regs 11-21).
Registered migration agents. The instrument prescribes multiple ongoing obligations for registered agents: information on the Register (reg 23), timely notification to Department and ART when representing visa or review applicants (regs 40-41), provision of statements of services within prescribed timeframes (reg 42), CPD requirements where applying for repeat registration (reg 31), carrying prescribed professional indemnity insurance (reg 33), responding to Authority requests for client information and documents (reg 36), and supervision duties if subject to a stay order (reg 37). Registered agents face publication of disciplinary details per reg 35 and may be required to disclose client information in certain circumstances (regs 44-46).
Former registered migration agents and applicants for registration. The instrument prescribes publication of names of former agents and how long statements about barring former agents from registration remain on the Authority website (regs 24, 38). Individuals intending to apply for registration must publish a notice of intention with specified content on the Authority website for at least 30 days (reg 28). Applicants for repeat registration are subject to CPD requirements (reg 31).
CPD providers and potential providers. Part 4 requires prospective CPD providers to apply for Ministerial approval (regs 48-50), meet fit and proper person requirements that extend to staff and contractors (reg 51(2)), comply with CPD provider standards (reg 52), and face cancellation if they fail to meet conditions or standards (reg 55). They also face operational requirements such as handling complaints, refunds, online learning support, records and evaluation policies (reg 51(1)(b)).
The Minister and Department. The instrument confers specification, appointment and approval powers on the Minister: specifying CPD matters (reg 5), appointing infringement officers (reg 12), approving CPD providers and setting standards (regs 48-52), and setting fees for applications (reg 48(3)). The Minister decides or delegates these functions and may cancel approvals (reg 55). The Secretary, Authority and ART are recipients and users of information disclosed under regs 44-46 and are assigned roles for publication and enforcement.
Clients and consumers of migration advice. The instrument has direct implications for consumers through publication of guides (reg 43), disclosure of sanctions or investigations on the Authority website (reg 35), and the statement of services obligation that sets a timeline for agents to inform clients of decisions or service agreement termination (reg 42). Consumers may be affected by the employer exception (reg 8) as employers may lawfully provide assistance in specified circumstances rather than referring to registered agents.
Courts, ART and enforcement officers. The instrument authorises infringement officers to issue notices and allows evidentiary certificates in court proceedings (regs 11-21). Courts retain their jurisdiction to prosecute and impose fines beyond infringement fines as the instrument preserves prosecutorial options (reg 20).

Who pays. The instrument imposes costs on several groups: unregistered providers who commit an immigration assistance offence face infringement penalties (reg 4 def'n "infringement notice penalty" referencing para 504(1)(ja) of the Act), registered agents must hold prescribed professional indemnity insurance (reg 33), CPD providers bear application and compliance costs and potentially fees under reg 48(3), and the Authority and Department bear costs of publication, administration of notices and oversight.

Who decides. The Minister has significant discretion for specification, appointment and approval (regs 5, 7, 12, 48-52). The Authority is tasked with publication, production of consumer guides and receiving information (regs 23, 24, 35, 43). Infringement officers (which may include the Secretary or persons authorised by the Minister) make operational enforcement decisions (reg 12).

The instrument establishes a set of clear duties and procedural rights for different actors.

Duties on registered migration agents:

Notify the Department when representing visa applicants by sending an approved form or signed dated letter with required particulars, within specified time windows depending on whether representation began before or after an application was lodged (reg 40(1)-(2)).
Notify the ART when representing review applicants using a form or signed dated letter with agent and client particulars, within the analogous time windows for review applications (reg 41(1)-(2)).
Provide a statement of services within 28 days in the scenarios specified (reg 42). The period is 28 days beginning on the day a decision is made or, if a service agreement ends prior to a decision, the day the service agreement ends (reg 42).
Maintain prescribed professional indemnity insurance of at least $250,000 where required (reg 33(1)), with the term "employee" including consultants, independent contractors and volunteers (reg 33(2)).
Produce, on request, specified client information and documents (reg 36), including client contact details, client numbers, Department file numbers, date of birth, client files and financial documents.
When benefiting from a stay order following a decision to cancel or suspend registration, be supervised under the requirements set out in reg 37, and ensure the supervising agent undertakes specified oversight tasks and notifications (reg 37(2)-(5)).

Duties on CPD providers and applicants:

CPD providers must apply in approved form, may pay a fee, and satisfy fit and proper and capability requirements including learning and assessment policies, record‑keeping, complaint handling, online support and provision of substantive instruction in professional English (regs 48-51).
Approved CPD providers must comply with any conditions in their approval and the CPD provider standards that the Minister may specify (reg 52).

Duties on the Minister and enforcement officers:

The Minister must consider expertise before appointing an infringement officer (reg 12(2)). The Minister also holds the policy powers to specify CPD activities, visa kinds for employer exceptions, CPD provider fees and standards (regs 5, 7, 48(3), 52).
Infringement officers must serve notices within specified timeframes and include required content (regs 13, 14). They may extend payment periods (reg 15), withdraw notices (reg 17) and must arrange refunds where penalties have been paid and a notice is withdrawn (reg 18).

Rights and procedural protections:

A person served with an infringement notice may avoid prosecution for that alleged offence by paying the infringement penalty within 28 days or within any extended period allowed by the infringement officer; payment discharges liability and precludes further proceedings in respect of that alleged offence (reg 16), with the explicit caveat that if the notice is withdrawn the payment is refundable and the person’s liability may be revived (reg 18 and note to reg 18).
In prosecutions that rely on infringement‑notice certificates, the accused or their legal representative must be given a copy of the certificate and notice of intention to produce it at least 14 days before the certificate is sought to be admitted (reg 21(5)).
Registered agents and CPD providers receive procedural notice in approval, refusal and cancellation processes: the Minister must notify applicants who are refused approval with reasons (reg 50(3)); cancellation takes effect on written notice and may be immediate or later per the notice (reg 55(3)).

Statutory discretions and limits:

The Minister may approve, refuse or cancel CPD providers subject to fit and proper determinations and the conditions and standards in regs 50-55. The Minister may delegate many functions under Part 4 to APS employees, excluding legislative instrument power (reg 56). The power to specify CPD activities and mandatory components by legislative instrument (reg 5) can alter obligations imposed on agents and CPD providers without amending the Regulations themselves.

These duties and rights are statutory; non‑compliance with duties may expose persons to infringement notices or other sanctions under the Act, while the instrument also sets out administrative remedies and procedures for withdrawal, refund, and evidentiary handling that constrain enforcement activity.

The instrument establishes an administrative enforcement pathway and supplements the Act’s criminal/administrative enforcement machinery. Key enforcement and penalty provisions are:

Infringement notices as an alternative to prosecution. The instrument expressly makes provision for alleged contraventions of subsection 280(1) of the Act to be dealt with by payment of a penalty under paragraph 504(1)(ja) of the Act as an alternative to prosecution (reg 11). The definition of "infringement notice penalty" in reg 4 ties the monetary instrument to the Act’s enumerated penalty. The instrument does not itself state the numerical penalty amount; that amount is located in the Act (para 504(1)(ja)).
Appointment and qualifications of enforcement officers. The Minister may authorise persons or classes of persons to exercise powers under the infringement notice Division and must consider expertise before authorisation (reg 12). The instrument specifically identifies the Secretary and persons authorised by the Minister as possible infringement officers in reg 4.
Time limits and multiple notices. Infringement notices must be served within 12 months after the date on which, or the last day of the period over which, the alleged offence occurred (reg 13(2)). The instrument allows separate infringement notices for multiple alleged offences of the same kind (reg 13(3)). If an infringement notice is withdrawn, a further infringement notice may be served in relation to the same alleged offence (reg 19).
Required content and extension of payment. Infringement notices must state the officer’s position number, the day or period of the alleged offence, particulars of the alleged offence, the penalty, 28‑day payment period notice (or extended period) and information on withdrawal and consequences, and where and how the penalty may be paid (reg 14). The infringement officer may allow a further period for payment if satisfied it is proper to do so (reg 15).
Consequences of payment. Payment of the infringement notice penalty within the specified period discharges the person’s liability in relation to that alleged offence, precludes further proceedings for that alleged offence, and the person is not taken to have been convicted (reg 16(2)-(4)). However, if a notice is withdrawn and refunded, section 16 does not apply and liability may be revived (reg 18 note).
Withdrawal and refund. An infringement officer may withdraw a notice at any time before the payment period expires (reg 17). If a person has paid and the notice is withdrawn, the officer must arrange a refund (reg 18). Withdrawal does not prevent another infringement notice being served in respect of the same alleged offence (reg 19).
Evidentiary certificates and procedural safeguards. Certificates signed by an infringement officer that state whether a further period was allowed, whether a penalty has been paid, or whether the notice was withdrawn are prima facie evidence of those matters at a prosecution hearing (reg 21(1)-(4)). However, such certificates cannot be admitted unless the defendant or their lawyer has been given a copy at least 14 days before the certificate is sought to be admitted (reg 21(5)). A signature on a certificate is taken to be genuine unless the contrary is proved (reg 21(4)).
Preservation of prosecutorial options and judicial fines. The instrument expressly states that an infringement notice is not compulsory and does not affect a person’s liability to be prosecuted if they do not comply, if no notice was served, if a notice is served and withdrawn, or limit the amount a court may fine on conviction (reg 20(a)-(e)). This preserves the judicial enforcement escalation path.
CPD provider cancellation and Ministerial regulation. For CPD providers, the Minister may cancel approvals where conditions and standards are not met or where fit and proper person doubts arise (reg 55). Cancellation takes effect on notice (reg 55(3)).
Administrative publication and disclosure. The Authority must publish and remove statements about cautions, suspensions and cancellations per reg 35. The Authority, Secretary and ART are permitted to disclose personal information under prescribed circumstances to facilitate investigation and oversight, and may disclose to relevant professional bodies where conduct is of concern (regs 44-46). Those disclosures are enforcement-adjacent measures to enable regulatory oversight and referral to professional bodies.

Implementation and enforcement therefore sit across administrative, departmental and tribunal functions. Infringement notices create an administratively efficient enforcement channel but the instrument retains prosecutorial and judicial remedies, evidentiary presumptions for infringement certificates with pre‑admission notice requirements, and Ministerial discretion in appointments and approvals. The instrument ties the penalty quantum to the Act, rather than making a stand‑alone numerical determination, and includes procedural safeguards for admitted certificates and refund mechanics where notices are withdrawn.

The instrument is made under and operates in close interaction with several existing statutes and subordinate instruments. The textual cross‑references in the instrument indicate specific legal intersections:

Migration Act 1958. The instrument is made under the Migration Act 1958 (reg 3) and is structured to give effect to, and implement, many of the Act’s provisions (for example, the immigration assistance offence under s 280 of the Act is the central offence here, and the infringement notice penalty is that specified in para 504(1)(ja) of the Act). Numerous provisions are framed as giving effect to specified sections of the Act (eg, regs 8-9 reference subsections 276(1), (2), 276(4) and 282(5) of the Act respectively; regs 23, 24, 25 and 36 refer to ss 287, 305A, 287(5) and 305C of the Act).
Migration Regulations 1994 and Code of Conduct Regulations 2021. The instrument frequently refers to the Migration Regulations 1994 (eg, employer sponsorship or nomination contexts in regs 8-9) and the Migration (Migration Agents Code of Conduct) Regulations 2021 for the definitions of "service agreement" and other Code obligations (reg 4 note). Section 5 expressly authorises the Minister to make legislative instruments for CPD activities for purposes of s 290A of the Act, which itself sits within the Act and Code context.
Family Law Act 1975. Reg 10(3)(a) borrows the concept of a parenting order in force under the Family Law Act 1975 to qualify when a step‑child is treated as covered by the close family member definition. Thus family law orders may determine eligibility for the family-member exception.
Administrative Appeals Tribunal (ART). Regs 41 and 46 involve the ART; registered agents must notify the ART when representing review applicants (reg 41), and regs 45-46 set circumstances where the Secretary and the ART may disclose personal information to relevant professional bodies, and where the ART may disclose to the Secretary or authorised officers.
Constitution, Acts Interpretation and Legislation Acts. The instrument’s transitional provisions reference constitutional limits on acquisition of property on other than just terms (reg 66 cites paragraph 51(xxxi) of the Constitution). Reg 30(4) notes the application of subsection 33(3A) of the Acts Interpretation Act 1901 and subsection 13(1) of the Legislation Act 2003 for the Minister’s ability to make different provisions for different matters or classes.
Professional obligations and external professional bodies. The instrument allows disclosure of personal information to a "relevant professional body" (regs 44-46), meaning information sharing with professional regulators or associations for which the agent is or was a member. Reg 32 excludes "restricted legal practitioners" from the CPD regime because they are subject to their legal professional association’s CPD requirements (reg 32 note).
Preservation of prior subordinate instruments. Part 5 contains a suite of saving provisions preserving the operation of parts of the Migration Agents Regulations 1998 for actions and applications made before commencement (regs 58-63, 64-67). This ensures continuity between pre‑commencement acts and the new regime and explicitly interacts with the older instrument.

In short, the Regulations do not operate in isolation; they are a subordinate instrument that (1) implements offences and administrative penalties under the Migration Act, (2) dovetails with the Migration Regulations and the Code of Conduct Regulations 2021, (3) borrows legal concepts from family law for definitional purposes, (4) integrates with ART procedures, and (5) recognises constitutional constraints and other statutes that govern administrative procedure and legislative drafting. Practitioners must therefore interpret and apply the instrument in the broader framework of the Act, the Migration Regulations, relevant family law instruments and professional regulatory rules.

The instrument is the Migration Agents Regulations 2026 and was made by the Governor‑General on the advice of the Federal Executive Council, dated 19 February 2026 (front matter). It commences, as to the whole instrument, on 1 April 2026 (reg 2(1) tabular commencement). The instrument contains its own commencement table and notes that the commencement table relates only to the provisions as originally made and will not be amended in the instrument (reg 2(2) note). No subsequent amending provisions are contained in the text supplied.

Transitional arrangements evidence a deliberate replacement of the Migration Agents Regulations 1998 (the old regulations). Part 5 sets out a set of saving and transitional provisions (regs 57-68) to preserve the legal effect of actions taken under the old regulations where necessary. Examples include:

Preservation of things done under the 1998 Regulations for purposes now governed by this instrument (reg 58).
Continuation of the old regulations’ infringement notice provisions in relation to notices given under the old regulations before commencement (reg 59(2)).
Continuation of certain old regulation rules in relation to registration applications, publication of notices of intention to apply for registration, continuing professional development, and stay orders made before commencement (regs 60-63).
Transitional treatment of statements of services to avoid retrospective acquisition of property that would be constitutionally problematic (reg 66).

The instrument therefore functions as a replacement instrument with carefully constructed transitional provisions to maintain legal certainty for pre‑commencement acts, applications and orders. The text does not include any later amendments, nor does it reference prior amendments to itself (because it is the original making). The operative dates and the transitional provisions are the main temporal markers: instrument made 19 February 2026 and effective 1 April 2026.

No history of earlier drafts, amendment rounds or parliamentary debates are contained in the instrument; the instrument contains internal notes explaining certain statutory interpretation consequences (eg, reg 30(4) note; reg 32 note; reg 53 examples) but no legislative history beyond the signature and dates.

The instrument itself does not cite any cases, and contains no references to judicial decisions or prior litigation. The text does not record any litigation arising under these Regulations, nor does it give examples that rest on case law. It contains procedural and evidentiary provisions that are tribunal or court‑facing (for example, evidentiary certificates under reg 21 and the 14‑day notice rule for production of those certificates) but does not reference any judicial interpretation.

For practitioners, the relevant litigation history for issues arising under these Regulations would therefore be found in case law interpreting the Migration Act 1958, the Migration Regulations 1994, the Migration (Migration Agents Code of Conduct) Regulations 2021, and any pre‑existing decisions about the 1998 Regulations or the Act that survived the transitional regime. This instrument’s provisions will generate new administrative decisions (eg, Ministerial determinations on CPD activities, appointment of infringement officers, approval/cancellation of CPD providers, Authority publication decisions) where judicial review or merits review might be pursued under the Administrative Decisions (Judicial Review) Act or in the AAT/ART context. However, no specific litigation precedent is embedded in the instrument text.

The absence of cited cases in the instrument means that novel legal issues will be judged against the statutory text and the Act. The instrument includes evidentiary presumptions and safeguards (reg 21) that will likely be relevant in any prosecution or judicial review proceedings that engage the infringement notice framework. The 14‑day pre‑admission notice for certificates is a clearly prescribed procedural protection that courts and tribunals will have to enforce in proceedings that seek to rely on infringement‑notice certificates.

The instrument contains numerous provisions that present practical traps or areas of interpretative risk for practitioners. Highlighted issues that require attention and can create unintended consequences are:

Employer exception limited by Ministerial specification: The employer/employee exception in regs 8-9 hinges on the visa kinds being within those the Minister specifies by legislative instrument (reg 7). Absent specification, the safe ambit of the exception may be narrow. Employers relying on the exception must confirm the Minister’s specification of visa kinds and ensure the individual qualifies as a "migrating employee" (reg 4), including prospective employees intended to be sponsored or likely to be nominated. If the Minister specifies certain visa classes only, assistance outside those classes remains regulated activity requiring registration.
Broad capture of "employee": Reg 22(4) and reg 33(2) explicitly treat consultants, independent contractors and volunteers as "employees" for certain purposes. This expands the practical reach of employment‑based rules, meaning that contractors engaged to provide in‑house migration support may fall within "related by employment" or PI insurance requirements. Organisations must review contractor arrangements carefully.
CPD for repeat registration only: Reg 31 applies CPD requirements to applicants for "repeat registration" as defined in reg 4. Practitioners should note that CPD obligations for first-time applicants are not set out here; however, the instrument delegates specification of CPD activity types and points to the Minister by legislative instrument (reg 5), which could change requirements or make mandatory activities. Reg 32 excludes restricted legal practitioners from reg 31, recognising separate professional CPD regimes. The divide between repeat registration and initial registration can lead to confusion for agents moving between registration states.
Supervisory requirements are prescriptive and operationally demanding: Reg 37 sets out detailed supervisory duties where registration is stayed. Supervising agents must meet multiple eligibility tests (at least five years’ experience, not subject to complaints or disciplinary action, not employed by the same business as the supervised agent) and must undertake frequent active oversight activities (at least once every 21 calendar days), meet new clients within 28 days, check files and attend ART hearings with the supervised agent (reg 37(2)-(5)). These duties impose time and reputational costs on supervising agents and may constrain staffing arrangements where a supervisee remains active under stay orders.
Infringement notice withdrawal revives liability: While paying an infringement notice discharges liability (reg 16), reg 18 makes clear a withdrawn notice triggers a refund and the note to reg 18 clarifies that liability may be revived and prosecution may proceed. This creates enforcement uncertainty for penalised persons and can produce perverse incentives for enforcement agencies to withdraw notices pending further investigation.
Certainty of evidentiary certificates balanced by procedural notice: Reg 21 creates a prima facie evidentiary certificate that is taken signed unless disproved, which shifts forensic burdens in prosecutions. However, the instrument requires that the defendant or their lawyer be given a copy at least 14 days before it is admitted (reg 21(5)). Practitioners must monitor procedural compliance carefully; failure to provide the 14‑day notice may render the certificate inadmissible.
Ministerial discretion and delegated rule‑making: The Minister may specify CPD activities, topics, mandatory items, and conditions by legislative instrument (reg 5), determine courses and examinations for prescribed qualifications (reg 30(4) note), set CPD provider standards (reg 52), and approve or cancel CPD providers (regs 50-55). This centralises discretion in the executive, with potential for regulatory unpredictability and opportunity for policy shifts without primary‑law amendment.
Publication timelines and reputational impact: The Authority must publish statements about cautions, suspensions and cancellations on its website and retain those statements for 12 months (caution), 5 years (suspension) or 10 years (cancellation) in many cases (reg 35(2)-(3)). These publication periods can produce lasting reputational effects for agents and may influence market behaviour (clients selecting agents). Former agents’ names must be published for 12 months after publication (reg 24).
Transitional complexity. The instrument preserves many old‑regulation effects for pre‑commencement actions (Pt 5). Practitioners handling pre‑April 2026 applications, notices or orders must take care to apply the correct historical rules and ensure submissions rely on the correct regulatory regime (regs 58-68). In particular, statements of services for service agreements that ended before commencement may rely on a special transitional period ending 30 June 2026 (reg 65).
PI insurance threshold and coverage. Reg 33 sets a $250,000 minimum professional indemnity insurance requirement for individuals or organisations , a relatively specific floor. The instrument’s inclusion of volunteers and consultants in the definition of "employee" potentially pulls non‑traditional providers into insurance obligations, and organisations must ensure their policies cover those operational arrangements.
Publication of intention to apply is public and detailed. Reg 28 compels an applicant (or co‑applicants who are employees of the same employer) to publish on the Authority’s website for at least 30 days a notice containing full name(s), other names, citizenship, mailing address, employer information (if intending to work as an employee) or business name/address (if not), and the Authority address for correspondence. This public exposure is a compliance cost and a potential privacy/reputational issue for applicants.

These "gotchas" are structural and procedural. Mitigation requires close reading of the relevant sections cited above and pre‑emptive operational changes by agents, employers and CPD providers to align internal processes with the Regulations.

Compliance under the Regulations requires operational, record‑keeping and governance adjustments by employers, migration agents, CPD providers and the Authority. Below are concrete steps tailored to principal actors, keyed to the relevant provisions.

For employers and their employees (regs 6-9, reg 7):

Confirm whether the visa types you deal with are specified by the Minister for the employer exception. Do not assume all employer‑sponsored visas are included; consult any legislative instruments made under reg 7.
Document when a person is a "migrating employee" as defined (reg 4): record sponsorship or nomination intentions, prospective employee status and likelihood of sponsorship, and communications showing the connection to the employer.
Ensure staff acting on the employer’s behalf are authorised in writing to provide assistance and that their activities stay within the assistance types in subsection 276(1) or (2) of the Act (regs 8-9 cross‑reference those Act subsections).
Maintain a compliance file demonstrating the employee or employer basis for assistance in case of investigation.

For registered migration agents (regs 23, 35-36, 40-42, 31, 33, 37):

Register details on the Register must include migration agent registration number, website, mailing and email addresses, and associations with businesses mentioned in the Act (reg 23). Keep these details up to date.
Notify the Department and ART when representing visa or review applicants using approved forms or signed dated letters with required particulars (reg 40(1)-(2); reg 41(1)-(2)). Record dates to satisfy the timing windows (representation prior to or after application lodgement) and retain proof of sending (electronic receipts, signed originals).
Produce statements of services within 28 days after the decision or the service agreement end date, recording the precise dates and linking service agreements where applicable (reg 42).
Maintain professional indemnity insurance at the $250,000 minimum (reg 33(1)), and ensure contractors, consultants and volunteers are covered if they are captured as "employees" (reg 33(2)). Keep certificates of currency and policy wording on file.
Keep client files, ledgers, client account documents and other financial records readily accessible, because reg 36 permits the Authority to request copies of client files and financial documents. Implement secure records management and privacy safeguards in accordance with reg 51(1)(b)(iii) for CPD providers and analogous expectations for agents.
If subject to a court stay order under s 306AA(Act) and reg 37 applies, ensure compliance with supervisory requirements: secure a supervising agent who meets the experience and eligibility criteria (reg 37(3)-(4)), document every contact (file notes required by reg 37(5)(b)), ensure supervising agent reviews documents before lodging and attends ART hearings, and notify the Authority in writing within 14 days of agreeing to supervise or ceasing to supervise (reg 37(5)(f)-(g)).

For CPD providers (Part 4: regs 48-56):

Apply in the form approved by the Minister and pay any application fee set by legislative instrument (reg 48(1)-(3)). Prepare evidence that demonstrates experience in relevant learning programs or a relevant training qualification (reg 51(1)(a)(i)-(ii)).
Implement policies and administrative arrangements in learning and assessment, evaluation and continuous improvement, records management and privacy, complaints handling, cancellations/refunds, and online support (reg 51(1)(b)).
Assemble or contract suitably qualified subject matter experts able to deliver training in professional English with significant intellectual and practical content relevant to migration law and procedure (reg 51(1)(d)-(e)).
Prepare to comply with CPD provider standards that the Minister may prescribe (reg 52). Document compliance and be ready to accept conditions in approvals; if conditions are breached the Minister may cancel approval (reg 55(1)(a)-(d)).
Monitor approval expiry and apply for re‑approval before expiry to benefit from the automatic continuation mechanism in reg 54; if seeking reapproval, note the scenarios in which the Minister is taken to have approved if no decision is made within specified periods (reg 54).

For persons served with an infringement notice (Part 2 Div 3: regs 11-21):

On receiving an infringement notice, check it meets reg 14 content requirements (e.g. officer’s position number, particulars, penalty, payment period) and note the 28‑day payment window or any extension allowed (reg 14(1)(e), reg 15).
If you intend to contest, do not pay; payment discharges liability (reg 16) and is irreversible except via refund if the notice is withdrawn (reg 18), but withdrawal revives liability (reg 18 note). Seek legal advice promptly on whether to pay or contest.
If an infringement certificate is to be used in prosecution proceedings, expect to receive a copy at least 14 days prior to its production under reg 21(5); ensure your legal representative receives the certificate and mounts appropriate evidentiary challenges if warranted.

For the Authority, Department and ART (regs 23-24, 35, 43-46):

Implement publication systems for Register details and the Authority’s website to meet publication periods and data content prescriptions (reg 23, reg 24, reg 35). Maintain procedures for removal of disciplinary details within prescribed periods (reg 25).
Produce and publish consumer guides that adequately inform potential clients about the migration advice profession and complaint procedures (reg 43). Implement information‑sharing protocols with relevant professional bodies when permitted under regs 44-46, documenting the legal basis for each disclosure.

Record‑keeping, privacy and training:

All actors should maintain dated logs of notifications, publications, client agreements and CPD activity participation, with secure records management consistent with reg 51(1)(b)(iii) for providers and likely analogous expectations for agents.
Organisations should incorporate training for staff on who may lawfully give immigration assistance under the employer and family exceptions, the limits of those exceptions, and the procedures for notifying Department/ART and responding to requests from the Authority.

Monitoring legislative instruments:

Because the Minister may make legislative instruments specifying CPD activities, visa kinds for exceptions, CPD provider standards and course/exam details (regs 5, 7, 30(4), 52), stakeholders must monitor Federal Register of Legislation updates and the Authority’s website for changes that alter compliance obligations.

Practical checklist (short):

Verify visa classes specified by the Minister for employer exception.
Update employment and contractor agreements to reflect regulatory capture (consultants/volunteers).
Maintain PI insurance documents and confirm coverage for contractors/volunteers.
Ensure record retention systems for client files and financial ledgers comply with reg 36.
For CPD providers, prepare policies listed in reg 51 and evidence of fit and proper persons for staff and contractors.
For registered agents, put notification templates for Department and ART in place and track notification timelines.
Implement a response plan for infringement notices, including legal advice, payment decision matrix and evidence preservation.

Following these steps, documenting compliance and monitoring Ministerial legislative instruments will materially reduce compliance risk under the Regulations.

Migration Agents Regulations 2026

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