Australian Immigration Daily News

The Migration Agents Regulations 2026 will commence on 1 April 2026 and replace the Migration Agents Regulations 1998 ahead of their scheduled sunsetting. The new Regulations streamline, clarify and modernise the existing framework governing registered migration agents (RMAs), while largely preserving the established regulatory architecture.

The Regulations refine key definitions, including those relating to employer and employee relationships and the circumstances in which close family members may provide immigration assistance without registration. They clarify when assistance given by employers or family members does not constitute “immigration assistance” for the purposes of the Migration Act 1958.

The framework strengthens regulatory integrity by expanding the meaning of employment-related relationships to prevent barred or suspended agents from circumventing disciplinary sanctions through alternative business structures. It also prescribes updated requirements for information to be included on the Register of Migration Agents, including publication and removal timeframes for disciplinary outcomes.

Continuing professional development (CPD) requirements for repeat registration are prescribed, and a structured approval framework for CPD providers is established, including standards, conditions and cancellation mechanisms. The Regulations also codify minimum requirements for professional indemnity insurance.

An infringement notice framework is introduced, enabling certain immigration assistance offences to be addressed through a civil penalty process as an alternative to prosecution. This mechanism is designed to promote efficient and proportionate regulatory enforcement.

The Regulations include provisions governing publication of registration intentions, supervisory requirements during stay orders, information-gathering powers, and disclosure of personal information in defined circumstances. Transitional arrangements ensure continuity between the 1998 Regulations and the new regime.

Source: Migration-Agents-Regulations-2026.pdf  and

Migration-Agents-Regulations-2026-Explanatory-Statement.pdf