Under the Migration Amendment (Regulation of Migration Agents) Act 2020 (Cth) , from 22 March 2021 legal practitioners who practice migration law or give migration legal advice in South Australia are not eligible to be registered with the Office of the Migration Agents Registration Authority (MARA). However, to provide immigration advice and assistance in connection with their legal practice, they must hold a an unrestricted practising certificate.

In South Australia, practising certificates are issued by the Law Society of South Australia. From 22 March 2021 lawyers providing migration advice or assistance will be regulated by both the Law Society of South Australia and the Legal Profession Conduct Commissioner, under the Legal Practitioners Act (SA). Under previous laws, lawyers who practiced migration law were also regulated by MARA. However this is no longer the case, and only the regulatory scheme under the state Legal Practitioners Act (SA) now applies.

From 22 March 2021 any lawyers who hold unrestricted practising certificates who are also registered with MARA will be removed from the Register of Migration Agents.

Legal Practitioners with a restricted practising certificate

Legal practitioners on restricted practising certificates who are already registered Migration Agents are still required to be registered migration agents to provide immigration assistance. These lawyers will have up to 2 years (until 23 March 2023) to either:

From 22 March 2021, newly admitted lawyers with a restricted practising certificate will be eligible to apply to be a registered migration agent for a period of up to 2 years following the issuing of their first restricted practising certificate. These lawyers are eligible to be dual registered as lawyers and Migration Agents for a period of up to two years. This period may be extended for a further 2-year period, to enable the lawyer to meet all the requirements to qualify for an unrestricted practising certificate as a lawyer.

Lawyers or Migration Agents who have been newly issued with an unrestricted practising certificate must notify MARA within 28 days.

Lawyers with restricted practising certificates who work in a law firm can practise immigration law provided they are supervised by a lawyer with an unrestricted practising certificate. In these circumstances, the unrestricted lawyer is not required to be a registered migration agent with MARA.