Summary
2026
Combatting Migrant Exploitation Act year
140GD
New section in Migration Act 1958
6 months
Automatic commencement if no Proclamation
Key features of the Migration Amendment (Combatting Migrant Exploitation) Act 2026
What the 2026 Act actually changes in the Migration Act
Australia now has the Migration Amendment (Combatting Migrant Exploitation) Act 2026, which amends the Migration Act 1958 rather than replacing it. The Act was assented to on 8 April 2026 and commences on a day fixed by Proclamation, or automatically after 6 months if no earlier date is proclaimed.
Its central change is the insertion of section 140GD, which allows the Secretary to publish prescribed information about approved work sponsors on the Department of Home Affairs website, subject to regulations. The Act itself is short and targeted, not a complete new exploitation code.
| Element | What the Act Says | Why it Matters |
|---|---|---|
| Nature of the law | Amends the Migration Act 1958 via a focused Schedule, rather than creating a standalone exploitation statute. | Clarifies that this is a targeted transparency measure, not a full rebuild of migrant worker law. |
| Commencement | Starts on a day fixed by Proclamation, or automatically 6 months after assent if no date is proclaimed. | Gives government flexibility on start date while ensuring the amendment will still commence. |
| New section 140GD | Authorises the Secretary to publish prescribed information about approved work sponsors on the Department’s website. | Creates a statutory basis for public disclosure about sponsors using the sponsored work system. |
| Examples of publishable data | Kind of approved work sponsor, sponsor’s name, ABN, postcode linked to that ABN, number of nominations, and kinds of occupations covered by those nominations. | Outlines the sponsorship ‘footprint’ that may become visible to regulators and the public. |
| Limits on data | Regulations must not prescribe a personal identifier. | Protects individuals from having personal identifiers published under this power. |
Section 140GD at a glance
What sponsor information may be published under section 140GD?
The Act lists examples of information that regulations may prescribe for publication about an approved work sponsor. These examples show the intended scope of transparency around sponsorship activity, not personal details of individual workers.
- The **kind of approved work sponsor**
- The sponsor’s **name**
- The sponsor’s **Australian Business Number (ABN)**
- The **postcode** linked to that ABN
- The **number of nominations** the sponsor has made
- The **kinds of occupations** covered by those nominations
The Act also states that regulations must not prescribe a personal identifier. That means this publication power is aimed at sponsor-level visibility, not at exposing individual migrant workers.
Transparency, not automatic publication of everything
How does this fit with migrant worker protection laws from 1 July 2024?
Home Affairs explains that from 1 July 2024, stronger migrant worker protection laws began operating to tackle exploitation. These laws are separate from the 2026 Act but form the context in which the new transparency power will operate.
| Existing protection (from 1 July 2024) | Who it targets | Type of conduct |
|---|---|---|
| Offence 1 | Employers, sponsors, labour-hire intermediaries | Coercing or pressuring a temporary visa holder to breach a work-related visa condition. |
| Offence 2 | Employers, sponsors, labour-hire intermediaries | Coercing or pressuring a non-citizen without a valid visa to accept a work-related arrangement. |
| Offence 3 | Employers, sponsors, labour-hire intermediaries | Using a worker’s temporary visa status to exploit them in the workplace, including in relation to current visa conditions and support for future visa applications. |
Home Affairs also states that migrant worker protection laws apply to all migrant workers, including those with work rights, those with expired visas, and those working in breach of visa conditions. Examples of exploitation include underpayment, pressure to work extra hours beyond visa conditions, and pressure to accept poor living conditions.
The 2026 Act is best understood as a new transparency tool inside an already tougher migrant worker protection system.
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What the 2026 Act means for approved work sponsors
For approved work sponsors, the key message is visibility. The Act confirms that sponsorship is part of a system where the Secretary can, via regulations, publish information such as sponsor name, ABN, postcode, nomination numbers, and occupations covered. Sponsorship footprints may become easier to understand from outside the business.
This sits alongside an enforcement environment where Home Affairs states that dishonest employers should not be allowed to undercut businesses doing the right thing. Compliance is therefore not just about internal record-keeping; it connects to a public-facing framework where sponsor activity can be more transparent than before.
Compliance mindset for sponsors
What the 2026 Act means for migrant workers
For migrant workers – including sponsored workers, students, graduates, and other temporary workers – the 2026 Act does not create new personal rights or offences inside its own text. Instead, its impact is indirect: it supports a system where participation in sponsorship is less hidden, which may help accountability in sectors with strong power imbalances.
Home Affairs emphasises that all migrant workers are protected, regardless of visa status. That includes people on valid visas, people whose visas have expired, and people working in breach of visa conditions. Exploitative behaviour can include underpayment, pressure to work beyond visa limits, threats about immigration status, or pressure to accept poor living conditions.
Home Affairs says migrant worker protection laws are designed to reduce temporary migrant worker exploitation, increase employer compliance, and improve workplace justice outcomes.
When sponsor information can be published, it becomes easier to see who is actively using the sponsored migration framework. In systems like this, transparency often changes behaviour, because actors know their patterns of sponsorship may be visible beyond internal files.
How the 2026 Act fits into the broader migrant worker protection system
The 2026 Act is narrow in wording but sits inside a much larger framework that already includes stronger offences, tougher penalties, and sponsor-focused enforcement by Home Affairs and the Australian Border Force. Our analysis of anzsco.ai data and official material suggests the Act is a transparency mechanism, not a standalone exploitation regime.
It does not create a new definition of exploitation, does not itself establish a fresh sponsor ban system, and does not list penalties in its own provisions. Instead, it amends the Migration Act so that the Secretary may publish prescribed information about approved work sponsors on the Department’s website. Narrow legal changes can still matter when they affect visibility and compliance behaviour across thousands of sponsorship relationships.
Who is affected by the 2026 transparency change?
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Practical considerations while the 2026 Act commences
- 01Recognise that the Act is **not yet fully operational** until commencement by Proclamation or automatic start after 6 months from 8 April 2026, so regulations and publication details may still be developing.
- 02For approved work sponsors, review existing sponsorship activity – including nomination numbers and occupation types – with the understanding that this data may later be prescribed for publication.
- 03For migrant workers and advisors, treat the Act as part of a broader protection system that already includes offences against coercion, pressure to breach visa conditions, and exploitation based on visa status.
- 04For education providers, note that sponsor visibility – including occupation types nominated – could influence demand patterns for courses linked to sponsored occupations once any published data becomes available.
Where this leaves the exploitation framework
So what does this all mean in practice? The core takeaway is that Australia is using both enforcement tools (new offences and penalties from 1 July 2024) and visibility tools (section 140GD publication powers) to address migrant worker exploitation rather than relying only on behind-the-scenes compliance work.
FAQ
Frequently Asked Questions
This article is for informational purposes only and does not constitute migration advice. Always consult a MARA-registered migration agent for advice specific to your circumstances.
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