This instrument is the Migration Agents (CPD Activities, Approval of CPD Providers and CPD Provider Standards) Instrument 2026.

This instrument commences on 1 April 2026.

3 Authority

This instrument is made under the following provisions of the Migration Agents Regulations 2026:

(a) section 5;

(b) paragraph 31(2)(b);

(d) subsection 52(2);

and for the repeal of the Migration Agents (IMMI 17/047: CPD Activities, Approval of CPD Providers and CPD Provider Standards) Instrument 2017, under the Migration Agents Regulations 1998.

4 Definitions

Note: A number of expressions used in this instrument are defined in the Migration Act 1958 and the Migration Agents Regulations 2026, including the following:

(a) CPD activity;

(b) CPD provider;

(d) repeat registration.

In this instrument:

accredited unit in a program of learning means a unit in a course relating to Australian migration law at the Australian Qualifications Framework level 8 or above.

activity means CPD activity.

Act means the Migration Act 1958.

Australian Qualifications Framework has the meaning given by the Higher Education Support Act 2003.

Authority means the Migration Agents Registration Authority.

Code of Conduct means the Migration (Migration Agents Code of Conduct) Regulations 2021.

registered migration agent has the same meaning as in the Act.

Regulations means the Migration Agents Regulations 2026.

5 Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Part 2—Specified matters relating to CPD activities

6 Specified matters relating to CPD activities

(1) For the purposes of the definition of CPD activity in section 4 of the Regulations, the following matters are specified in the table in Schedule 1:

(a) an activity mentioned in column 1 of an item in the table is a specified activity for paragraph (a) of the definition;

(b) a condition (if any) that is mentioned in column 2 of the item is specified for an activity mentioned in column 1 of the same item;

and for subsection 31(2) of the Regulations, the following matters are specified in the table:

(c) the number of points mentioned in column 3 of an item is specified as the number of points that an activity mentioned in column 1 of the same item is worth.

Note: In relation to paragraph 1(c), paragraph 5(d) of the Regulations provides that the Minister may by legislative instrument specify the points that activities are worth.

(2) For subsection 31(2) of the Regulations, an activity that is specified under paragraph (1)(a) is worth a maximum number of 6 points in circumstances where that activity is undertaken in any continuous period of 24 hours through online learning.

Note: Paragraphs 5(d) and (f) of the Regulations provide respectively that the Minister may by legislative instrument specify the points that activities are worth, and the circumstances in which activities are not worth points or are worth a reduced number of points.

(3) For the purposes of the definition of CPD activity in section 4 of the Regulations, the activities mentioned in paragraph (1)(a) must relate to one or more of the following specified topics:

(a) the Act;

(b) the Regulations;

(d) portfolio policies and procedures;

(e) the application of paragraphs (a), (b), (c) or (d) to the registered migration agent’s practice;

(f) a topic of a legal or business nature that is relevant to a registered migration agent’s practice as a registered migration agent;

(g) the protection of workplace rights;

(h) a topic relating to:

(i) the ethical standards for migration agents; or

(ii) the Code of Conduct.

Note: Paragraph (c) of the definition of CPD activity in section 4 of the Regulations requires a CPD activity to be conducted by a CPD provider in accordance with any conditions specified for that activity.

7 Specified mandatory CPD activities and the minimum number of CPD points for a mandatory CPD activity

(1) For the purposes of paragraph 31(2)(b) of the Regulations:

(a) an activity specified in column 1 of an item in the following table is mandatory; and

(b) the minimum number of points, in relation to an activity specified in column 1 of an item, is specified in column 2 of the same item.

Item	Column 1 Mandatory CPD activities	Column 2 Minimum number of CPD points for a mandatory CPD activity
1	Any of the activities mentioned in an item in Column 1 of Schedule 1 to this instrument, which is marked as a Category A activity.	5 points.
2	Any activity mentioned in an item in Column 1 of Schedule 1 to this instrument, which is marked as a Category A or a Category B activity, and where that activity relates to the following topics: (a) ethical standards for migration agents; (b) the Code of Conduct.	1 point for each activity, with a total of 2 points mentioned in item 2 in Column 1 of this table.

Item

Column 1

Mandatory CPD activities

Column 2

Minimum number of CPD points for a mandatory CPD activity

Any of the activities mentioned in an item in Column 1 of Schedule 1 to this instrument, which is marked as a Category A activity.

5 points.

Any activity mentioned in an item in Column 1 of Schedule 1 to this instrument, which is marked as a Category A or a Category B activity, and where that activity relates to the following topics:

(a) ethical standards for migration agents;

(b) the Code of Conduct.

1 point for each activity, with a total of 2 points mentioned in item 2 in Column 1 of this table.

Note: See paragraph 31(2)(b) of the Regulations.

(2) For the purposes of this section, the activities specified under paragraph (1)(a) are mandatory for an applicant for repeat registration unless the applicant holds an Australian legal practising certificate at the time of application.

8 Application for approval as CPD provider

For the purposes of paragraph 48(2)(b) of the Regulations, a fee of $1,240 is determined.

9 Specified CPD provider standards

For the purposes of paragraph 52(1)(b) of the Regulations, the standards in Schedule 2 are specified under subsection 52(2) of the Regulations as the CPD provider standards.

Part 3—Application and transitional provisions

10 Application of this instrument

This instrument applies in relation to a relevant registration application (including an application for repeat registration) made on or after the commencement of this instrument.
This instrument applies in relation to a relevant application for approval as a CPD provider made on or after the commencement of this instrument.

Note: Section 62 of the Regulations provides that despite the repeal of the Migration Agents Regulations 1998, regulations 3AA, 6 and 6A of those regulations, including any instruments made under those regulations, continue to apply in relation to a registration application made before the commencement day for the Regulations, as if that repeal had not happened.

11 Specified evidence for certain repeat registration applicants—CPD activities commenced or successfully completed before or on 30 June 2026

(1) For the purposes of the definition of CPD activity in section 4, and for section 31 of the Regulations, subsection (2) applies in relation to an application by a person for repeat registration if:

(a) the person makes the application for repeat registration between 1 April 2026 and 31 March 2027; and

(b) the application for repeat registration made by the person is accompanied by evidence that:

(i) the person has successfully completed one or more of the CPD activities specified under subsection (2); and

(ii) those CPD activities commenced or were completed on or before 30 June 2026.

Note: See subparagraph 31(2)(a) of the Regulations.

(2) For the purposes of this section, an application for repeat registration of a kind mentioned in subsection (1) may be accompanied by evidence of the following:

(a) 1 CPD point, which shows successful completion of a CPD activity in one of the following topics:

(i) ethical standards for migration agents;

(ii) the Code of Conduct;

(b) up to 5 CPD points, which shows successful completion of private study through an assessment for each CPD activity undertaken;

(c) more than 6 CPD points, which shows successful completion of each CPD activity undertaken online within a continuous 24 hour period.

Schedule 1—Specified matters relating to CPD activities

Item	Column 1 CPD Activities	Column 2 Conditions for the conduct of CPD activities	Column 3 CPD points that CPD activities are worth
1	Category A: A workshop.	The workshop must: have a maximum of 30 participants; and be conducted in real time by a facilitator either face-to-face or online, including one or both of the following: (i) real-time discussion amongst the participants; (ii) use of interactive participation tools.	1 point per hour of participation in the workshop.
2	Category A: Accredited unit in a program of learning.	Not applicable.	5 points per accredited unit in a program of learning which is successfully completed.
3	Category B: A conference, seminar or lecture.	The conference, seminar or lecture must be conducted in real time by a facilitator either face-to-face or online.	1 point per 1.5 hours of participation in the conference, seminar or lecture.
4	Category B: Private study with assessment.	The private study must include: an assessment; and be completed within 12 months of the date of enrolment in the activity mentioned in item 4 in Column 1 of this instrument.	1 point per 1.5 hours spent on completing private study (including an assessment), where the private study results in successful completion of the assessment.

Schedule 2—Specified CPD provider standards

Delivery of CPD activities
1. A CPD provider must only deliver a CPD activity if the CPD activity complies with the Regulations.
2. A CPD provider must only report registered migration agents as having completed a CPD activity if the CPD activity complies with the Regulations.
3. A CPD provider must commence delivering CPD activities within six months of approval as a CPD provider. A CPD provider must not cease to deliver CPD activities for a period of 12 months or more.

Note: A CPD provider may request the Minister in writing to cancel their approval as a CPD provider if they no longer intend to deliver CPD activities.

The content of a CPD activity must be consistent with the Code of Conduct and the ethical standards expected within the migration advice profession. Material is to be presented in a respectful and professional way.
A CPD activity must be:

directly related to the most recently issued Occupational Competency Standards for migration agents published by the Authority;
of high standards of both academic and practical content;
delivered in a professional level of English;
current and accurate; and
designed to improve the knowledge, skills and professionalism of registered migration agent participants in the CPD activity.
1. A CPD provider must utilise a suitable physical learning environment for the delivery of face-to-face activities. Such an environment must:

be quiet without external competing noise; and
provide adequate seating, lighting and ventilation and a comfortable room temperature.
1. Where a CPD activity is conducted through online learning, the CPD provider must have suitable policies and administrative arrangements in relation to support and monitoring of online participants.
2. A CPD provider must ensure that a CPD activity is prepared or presented by persons who are suitably qualified, whether formally or by experience, to conduct the CPD activity.

Policies and Administration

2.1 A CPD provider must comply with relevant Commonwealth, State and Territory legislation and regulatory requirements in relation to, but not limited to:

protection from workplace discrimination and harassment;
privacy;
Australian consumer law;
consumer rights;
occupational health and safety; and
intellectual property.

2.2 A CPD provider must maintain current contact details with the Authority.

2.3 A CPD provider must have suitable policies and administrative arrangements in relation to:

learning and assessment;
evaluation and continuous improvement;
records management, reporting and privacy;
handling complaints; and
handling cancellations and refunds.

2.4 A CPD provider’s policies and administrative arrangements for handling complaints must be fair and reasonable. The policies must be either published on the CPD provider’s website or provided to participants at the time of enrolment.

2.5 A CPD provider’s policies and administrative arrangements for handling cancellations and refunds must:

be fair and reasonable;
include that fees paid in advance will be protected, enabling participants to obtain a full refund if the CPD activity is cancelled by the CPD provider; and
be published on the CPD provider’s website or be provided to participants at the time of enrolment.

Integrity

3.1 A CPD provider, and any person employed by, or providing services to or on behalf of, the CPD provider in relation to the conduct of CPD activities, is not to use the learning environment as a means of discouraging registered migration agents from cooperating with or working constructively with the Department, including the Authority, or to bring the migration advice profession into disrepute.

3.2 A CPD provider must take all reasonable steps to avoid any conflict of interest (real or perceived) in connection with its dealings with the Authority.

Marketing and Advertising

4.1 A CPD provider must ensure that the marketing and advertising of CPD activities is undertaken in a professional and lawful manner and maintains the integrity and reputation of CPD providers and the migration advice profession.

4.2 In marketing and other related material for participants, including when in electronic form, a CPD provider must:

clearly identify the CPD provider’s name;
include the duration and type of the CPD activity;
include the number of points that the CPD activity is worth; and
not give false or misleading information or advice in relation to the CPD activity or the CPD provider.

4.3 A CPD provider must advertise upcoming CPD activities on the Authority’s website, which enables the electronic reporting of attendance.

4.4 If a CPD provider has a website, the CPD provider must ensure that any information published on the website regarding CPD activities is accurate and current. The CPD provider must also ensure that the information is consistent with any information on the Authority’s website.

4.5 A CPD provider must ensure the marketing and advertising of its activities and services complies with the Spam Act 2003, as amended from time to time. In particular, any commercial electronic messages must contain a functional unsubscribe facility.

Evaluation and Continuous Improvement

5.1 A CPD provider must have evaluation processes in place whereby participants, and presenters, facilitators and trainers, can provide feedback on each activity conducted.

5.2 A CPD provider must accommodate and cooperate with quality assurance processes conducted by the Authority, including, but not limited to:

providing access to Authority staff to conduct evaluations of the delivery of a CPD activity; and
providing the Authority with any information or documentation requested regarding the CPD provider’s CPD activities, and operations in relation to the conduct of CPD activities; and
participating in periodic reviews undertaken by the Authority of compliance with the CPD provider standards specified in this Schedule.

5.3 A CPD provider must be able to demonstrate to the Minister that the CPD provider has suitable policies and administrative arrangements as required by paragraph 51(1)(b) of the Regulations.

5.4 A CPD provider must conduct regular internal audits of their compliance with the CPD provider standards specified in this Schedule.

5.5 If the Authority informs a CPD provider of non-compliance with these standards, the CPD provider must implement remedial action required by the Authority.

Records Management and Reporting

6.1 A CPD provider must keep the following kinds of records for a period of at least 2 years from the date the relevant CPD activity was delivered:

feedback on the activity;
evidence that the participant completed the activity;
the learning and assessment materials which relate to the activity, and the dates those materials were used; and
all presenters and facilitators for each activity.

6.2 A CPD provider must electronically notify the Authority of the successful completion of a CPD activity by a registered migration agent. The notification must be submitted via the Authority website reporting facility within 14 days of the participant completing the CPD activity.

6.3 A CPD provider must have processes that:

accurately identify participants and record their attendance; and
provide that a participant remains in attendance for the duration of the activity.

Schedule 3—Repeals

Migration Agents (IMMI 17/047: CPD Activities, Approval of CPD Providers and CPD Provider Standards) Instrument 2017

1 The whole of the instrument

Repeal the instrument.