Migration Act 1958
Sections and provisions with full text and the judgments that cite each one.
Section 268CZ — Occupier entitled to be present during execution of monitoring warrant
(1) If a monitoring warrant is being executed at premises and the occupier of the premises is present, the occupier is entitled to observe the execution of the warrant. (2) The right to observe the…
Section 269 — Securities
(1) An authorized officer may, subject to subsection (1A), require and take security for compliance with the provisions of this Act or the regulations or with any condition imposed in pursuance of,…
Section 270 — Reports of absences of crews of vessels
(1) Where, at or after the departure from a port in Australia of a vessel that has entered Australia from overseas, the master, owner, charterer or agent of the vessel reports in writing to an…
Section 271 — Proof of certain matters
(1) In migration proceedings: (a) official documents of the Commonwealth or of a State or Territory, and letters and telegrams, or copies of letters and telegrams, and affidavits produced out of…
Section 272 — Migrant centres
(1) The Minister may, on behalf of the Commonwealth, cause to be established and maintained premises and places (in this section referred to as migrant centres) for the reception, accommodation or…
Section 273 — Detention centres
(1) The Minister may, on behalf of the Commonwealth, cause detention centres to be established and maintained. (2) The regulations may make provision in relation to the operation and regulation of…
Section 274 — Secretary or Australian Border Force Commissioner may issue documents containing information concerning certain persons
(1) This section applies to a person who: (a) is a deportee who has not yet been deported; or (b) is a removee who has not yet been removed; or (c) has been refused immigration clearance and has not…
Section 275 — Interpretation
In this Part, unless the contrary intention appears: Australian legal practitioner means a lawyer who holds a practising certificate (whether restricted or unrestricted) granted under a law of a…
Section 276 — Immigration assistance
(1) For the purposes of this Part, a person gives immigration assistance if the person uses, or purports to use, knowledge of, or experience in, migration procedure to assist a visa applicant or…
Section 278 — Relation by employment
(1) For the purposes of this Part, an individual is related by employment to another individual if: (a) one individual is an employee of the other; or (b) they are executive officers of the same…
Section 278A — Eligibility for restricted legal practitioners
Eligibility—general (1) A person who is a restricted legal practitioner is eligible, subject to this section. (2) The person remains eligible until the earliest of the following times: (a) the end of…
Section 279 — Part VIIC of the Crimes Act 1914 to apply to this Part
Despite paragraph 85ZZH(d) of the Crimes Act 1914, Part VIIC of that Act applies to this Part.
Section 280 — Restrictions on giving of immigration assistance
(1) Subject to this section, a person who is not a registered migration agent must not give immigration assistance. Penalty: 60 penalty units. Note: See also paragraph 504(1)(ja) (which deals with…
Section 281 — Restriction on charging fees for immigration assistance
(1) Subject to subsection (3), a person who is not a registered migration agent must not ask for or receive any fee or other reward for giving immigration assistance. Penalty: Imprisonment for 10…
Section 282 — Restriction on charging fees for immigration representations
(1) Subject to subsection (2A), a person who is not a registered migration agent must not ask for or receive any fee or other reward for making immigration representations. Penalty: Imprisonment for…
Section 283 — False representation that a person is a registered migration agent
(1) A person who is not a registered migration agent must not directly or indirectly represent that he or she is such an agent. (2) A person must not directly or indirectly represent that another…
Section 284 — Restriction on self-advertising of the giving of immigration assistance
(1) Subject to this section, a person who is not a registered migration agent must not advertise that he or she gives immigration assistance. Penalty: Imprisonment for 2 years. (2) This section does…
Section 285 — Restriction on other advertising of immigration assistance
(1) Subject to this section, a person must not directly or indirectly advertise that another person who is not a registered migration agent gives immigration assistance. Penalty: Imprisonment for 2…
Section 287 — Register of Migration Agents
(1) The Migration Agents Registration Authority must keep a register, to be known as the Register of Migration Agents, listing individuals who are registered as migration agents. (2) The Register is…
Section 288 — Application for registration
(1) An individual may apply to the Migration Agents Registration Authority to be registered as a registered migration agent. Publishing requirement (2) The individual must satisfy 1 of 2 publishing…
Section 288A — Publishing requirement
(1) For the purposes of subsection 288(2), this section sets out an individual’s 2 publishing options. Individual publication (2) The first option is for the individual to publish in the prescribed…
Section 288B — Requirement to provide further information etc.
Scope (1) This section applies in relation to an applicant who, on the day the registration application is taken to have been made, is not a registered migration agent. Notice to provide further…
Section 289 — Registration
(1) The Migration Agents Registration Authority must register an applicant by entering his or her name in the Register, unless this Part prohibits registration of the applicant. Note: If the…
Section 289A — Applicant must not be registered if academic and vocational requirements are not satisfied
(1) This section applies to an applicant: (a) who has never been registered; or (b) whose registration application is made after the end of a period, prescribed for the purposes of this paragraph,…
Section 289B — Applications by Australian legal practitioners
(1) An applicant who is an unrestricted legal practitioner must not be registered. (2) An applicant who is a restricted legal practitioner must not be registered unless the applicant is eligible.…
Section 290 — Applicant must not be registered if not a person of integrity or not fit and proper
(1) An applicant must not be registered if the Migration Agents Registration Authority is satisfied that: (a) the applicant is not a fit and proper person to give immigration assistance; or (b) the…
Section 290A — Applicant must not be registered if continuing professional development requirements are not satisfied
(1) This section applies in relation to an applicant who has been registered at some time within the period, immediately before making the registration application, that is prescribed for the…
Section 290B — Applicant must not be registered if any unpaid registration status charge
An applicant must not be registered if any registration status charge payable by him or her remains unpaid after the time when it becomes due for payment.
Section 291 — Applicant must not be registered if registration refused in past year
(1) An applicant must not be registered if he or she has been refused registration as a migration agent within 12 months before his or her application. (2) To avoid doubt, this section applies to all…
Section 291A — Applicant must not be registered if suspension would be in effect
If: (a) an applicant has been registered (the previous registration) at some time before making the application; and (b) the Migration Agents Registration Authority decided to suspend the previous…
Section 292 — Applicant must not be registered if registration cancelled in past 5 years
An applicant whose registration has been cancelled under section 303 must not be registered within 5 years of the cancellation.
Section 292A — Applicant must not be registered if any barring period has not ended
An applicant must not be registered if: (a) the Migration Agents Registration Authority has made a decision under subsection 311A(1) to bar him or her from being a registered migration agent for a…
Section 292B — Applicant must not be registered unless he or she holds appropriate professional indemnity insurance
(1) An applicant must not be registered unless the Migration Agents Registration Authority is satisfied that he or she has professional indemnity insurance of a kind prescribed by the regulations.…
Section 293 — Applicant under 18 must not be registered
An applicant must not be registered if he or she is under 18.
Section 294 — Applicant must not be registered if not an Australian citizen, permanent resident or New Zealander with special visa
(1) An applicant must not be registered unless he or she is: (a) an Australian citizen; or (b) an Australian permanent resident (within the meaning of the regulations); or (c) a New Zealand citizen…
Section 295 — Notice of refusal of application
If the Migration Agents Registration Authority decides not to register an applicant, the Authority must give the applicant written notice of the decision and of the reasons for it. Note: The…
Section 299 — Period of registration
(1) Subject to any other provision of this Part (including subsection (2) of this section), the registration of a registered migration agent ends 12 months after the day of registration. (2) If the…
Section 300 — Automatic continuation of registration
When agent’s registration is automatically continued (1) Subsection (4) applies to continue a registered migration agent’s registration beyond the last day (the expiry day) of the agent’s…
Section 301 — Migration Agents Registration Authority must warn of expiry
At least 30 days before the period for which a registered migration agent is registered will end under section 299, the Migration Agents Registration Authority must give the agent a written notice…
Section 302 — Automatic deregistration
(1) The Migration Agents Registration Authority must deregister a registered migration agent by removing his or her name from the Register if: (a) he or she requests the Authority, in writing, to do…
Section 302A — Cancellation of registration—Australian legal practitioners
(1) The Migration Agents Registration Authority must cancel the registration of a registered migration agent, by removing the agent’s name from the Register, if the Authority is satisfied: (a) that…
Section 303 — Disciplining registered migration agents
(1) The Migration Agents Registration Authority may: (a) cancel the registration of a registered migration agent by removing his or her name from the register; or (b) suspend his or her registration;…
Section 304 — Period of suspension
(1) If the Migration Agents Registration Authority suspends the registration of a registered migration agent under section 303, the Migration Agents Registration Authority may: (a) set a period of…
Section 304A — Conditions for lifting cautions
The Migration Agents Registration Authority may set one or more conditions for the lifting of a caution it gives to a registered migration agent. Note: Particulars of cautions are shown on the…
Section 305 — Notice of disciplinary decision
Notice to agent (1) The Migration Agents Registration Authority must give a registered migration agent written notice of a decision made under section 303 in relation to the agent. (2) The notice…
Section 305A — Making disciplinary details publicly available
(1) If a registered migration agent is given notice of a decision under section 303, then the Migration Agents Registration Authority: (a) must as soon as possible make available in the prescribed…
Section 305B — Providing disciplinary details to clients
If the Migration Agents Registration Authority makes a decision under section 303 in relation to a registered migration agent, the Authority or the Secretary may inform one or more of the clients of…
Section 305C — Requiring registered migration agents to give information or documents
(1) This section applies if the Migration Agents Registration Authority is considering: (a) refusing a registration application from a registered migration agent; or (b) making a decision under…
Section 306 — Review by the ART
Subject to the ART Act, an application may be made to the ART for review of a decision by the Migration Agents Registration Authority made under this Division.
Section 306AA — Stay orders
If the ART or a court orders a stay of a decision under section 303 to cancel or suspend a registered migration agent’s registration, it is taken to be a condition of the order that the prescribed…