This instrument is the Migration Agents Regulations 2026.

(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Note: This table relates only to the provisions of this instrument as originally made.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.