Announcement date
25 February 2026
Link to announcement
https://www.legislation.gov.au/F2026L00118/latest/text
Problem being addressed
The Migration Agents Regulations 1998 (MAR) establish the legislative framework for regulating the provision of immigration assistance in Australia by:
- enabling the Office of the Migration Agents Regulation Authority (OMARA) to investigate and sanction unacceptable behaviour by registered migration agents (RMAs) and to refer allegations relating to unlawful providers of immigration assistance agents for investigation by the Australian Border Force
- allowing the OMARA to gather and publish information about sanctioned RMAs and former agents and for information about migration agents to be disclosed between the OMARA, the Secretary of the Department of Home Affairs or an authorised officer and the Administrative Review Tribunal (ART). These provisions provide key support for effective visa and review application processes, provide valuable RMA consumer protection and are central to the effective regulation of immigration assistance
- enabling the Minister to specify a prescribed qualification, exam and pass mark for people seeking a new registration as a migration agent
- setting requirements for agents seeking re-registration to undertake continuing professional development (CPD), providing the framework and requirements for approving CPD course providers and enabling the Minister to specify other matters to operationalise CPD arrangements.
The MAR is scheduled to sunset on 1 April 2026.
Proposal
The Department of Home Affairs proposed to remake the MAR without significant amendments. The new regulations are the Migration Agents Regulations 2026 and commence on 1 April 2026.
Assessed Impact Analysis outcome
Sunsetting instrument.
Assessment comments
Consistent with the Government's requirements for Sunsetting Legislative Instruments, the Department of Home Affairs has consulted affected stakeholders and certified that the MAR is operating effectively and efficiently in lieu of preparing an Impact Analysis for remaking the regulations with minor amendments.
Regulatory burden
The Department of Home Affairs has used the Regulatory Burden Measurement Framework and estimates there will be no change in regulatory costs for remaking the MAR.