Migration Act 1958
Sections and provisions with full text and the judgments that cite each one.
Section 306A — Objects of this Division
The objects of this Division are: (a) to ensure that clients of inactive migration agents are not unduly disadvantaged by the agent becoming inactive; and (b) to ensure that clients of deceased…
Section 306B — Inactive migration agents
For the purposes of this Division: (a) if a person ceases to be a registered migration agent because the person’s period of registration expires under section 299: (i) the person becomes an inactive…
Section 306C — Definition of client
(1) A client of a registered migration agent is a person to whom the agent has given, or has agreed to give (whether or not in writing), immigration assistance. (2) In addition: (a) if a registered…
Section 306D — Power to obtain documents from inactive migration agent
(1) This section applies to a person who is an inactive migration agent if the Migration Agents Registration Authority has reason to believe that: (a) before becoming an inactive migration agent and…
Section 306E — Power to obtain documents from representative of deceased inactive migration agent
(1) This section applies to the legal personal representative of a deceased person if the deceased person was an inactive migration agent at the time of death and the Migration Agents Registration…
Section 306F — Power to obtain documents from representative of deceased registered migration agent
(1) This section applies to the legal personal representative of a deceased person if the deceased person was a registered migration agent at the time of death and the Migration Agents Registration…
Section 306G — Reasonable compensation
A person is entitled to be paid by the Commonwealth reasonable compensation for complying with a notice under section 306D, 306E or 306F.
Section 306H — Failure to comply with notice
(1) A person commits an offence if: (a) the person is subject to a requirement under section 306D, 306E or 306F; and (b) the person contravenes the requirement. Penalty: 60 penalty units. (2) An…
Section 306J — Self-incrimination
(1) An individual is not excused from producing a document under section 306D, 306E or 306F on the ground that the production of the document may tend to incriminate the individual or expose the…
Section 306K — Migration Agents Registration Authority to give client documents to clients
(1) If: (a) a document is given to the Migration Agents Registration Authority under section 306D by an inactive migration agent; and (b) the document relates to the affairs of a particular client of…
Section 306L — Compensation—constitutional safety-net
(1) If: (a) apart from this section, the operation of this Division would result in the acquisition of property from a person otherwise than on just terms; and (b) the acquisition would be invalid…
Section 308 — Requiring registered migration agents to give information
(1) The Migration Agents Registration Authority may require a registered migration agent: (a) to make a statutory declaration in answer to questions in writing by the Authority; or (b) to appear…
Section 309 — Persons may make submissions
(1) If the Migration Agents Registration Authority is considering refusing a registration application, it must inform the applicant of that fact and the reasons for it and invite the applicant to…
Section 310 — Persons may appear before Migration Agents Registration Authority
(1) This section applies where the Migration Agents Registration Authority has invited a submission on a matter under section 309. (2) If the Migration Agents Registration Authority does not receive…
Section 311 — Migration Agents Registration Authority not bound by legal forms etc.
The Migration Agents Registration Authority, in considering a registration application or a possible disciplinary action under section 303: (a) is not bound by technicalities, legal forms or rules of…
Section 311A — Barring former registered migration agents from being registered for up to 5 years
(1) The Migration Agents Registration Authority may decide to bar a former registered migration agent from being a registered migration agent for a period if, after investigating a complaint about…
Section 311EA — Requiring former registered migration agents to give information or documents
(1) This section applies if the Migration Agents Registration Authority is considering making a decision under section 311A to bar a former registered migration agent from being a registered…
Section 311B — Notice of disciplinary decision
Notice to former agent (1) The Migration Agents Registration Authority must give a former registered migration agent written notice of a decision made under section 311A in relation to the former…
Section 311C — Making disciplinary details publicly available
(1) If a former registered migration agent is given notice of a decision under section 311A, then the Migration Agents Registration Authority: (a) must as soon as possible make available in the…
Section 311D — Former registered migration agent may make a submission etc.
Invitation to make submission (1) Before making a decision under subsection 311A(1), the Migration Agents Registration Authority must give the former registered migration agent a written notice: (a)…
Section 311E — Authority not bound by legal forms etc.
In considering making a decision under subsection 311A(1), the Migration Agents Registration Authority: (a) is not bound by technicalities, legal forms or rules of evidence; and (b) must act…
Section 311F — 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 under subsection 311A(1).
Section 312 — Notification obligations
(1) A registered migration agent must notify the Migration Agents Registration Authority in writing within 14 days after any of the following events occurs: (a) he or she becomes bankrupt; (b) he or…
Section 312A — Notification of giving of immigration assistance to visa applicants
(1) If: (a) a registered migration agent gives immigration assistance to a visa applicant in relation to the visa application; and (b) the agent gives the assistance after having agreed to represent…
Section 312B — Notification of giving of immigration assistance to review applicants
(1) If: (a) a registered migration agent gives immigration assistance to a person in respect of a review application made by the person; and (b) the agent gives the assistance after having agreed to…
Section 313 — Persons charged for services to be given detailed statement of services
(1) A registered migration agent is not entitled to be paid a fee or other reward for giving immigration assistance to another person (the assisted person) unless the agent gives the assisted person…
Section 314 — Code of Conduct for migration agents
(1) The regulations may prescribe a Code of Conduct for migration agents. (2) A registered migration agent must conduct himself or herself in accordance with the prescribed Code of Conduct.
Section 315 — Migration Agents Registration Authority—nature, powers and functions
(1) The Migration Agents Registration Authority is the body established within the Department to administer this Part. (2) A power or function expressed under this Part to be given to the Migration…
Section 316 — Functions of Migration Agents Registration Authority
(1) The functions of the Migration Agents Registration Authority are: (a) to deal with registration applications in accordance with this Part; and (b) to monitor the conduct of registered migration…
Section 317 — General powers of the Migration Agents Registration Authority
The Migration Agents Registration Authority has power to do all things necessarily or conveniently done for, or in connection with, the performance of its functions.
Section 318 — Power to refer people to mediation
If the Migration Agents Registration Authority is investigating a complaint about a person who is or was a registered migration agent, the Authority may refer the complainant and the person to a…
Section 319 — Referral of conduct of certain migration agents to legal disciplinary authorities
Referral generally (1) The Migration Agents Registration Authority may refer the conduct of a registered migration agent, or a former registered migration agent, who is an Australian legal…
Section 320 — Minister may delegate powers and functions
(1) The Minister may delegate any of the powers or functions given to the Migration Agents Registration Authority under this Part to an APS employee in the Department. Note: See section 315…
Section 321A — Disclosure of personal information by the Migration Agents Registration Authority
(1) The Migration Agents Registration Authority may disclose personal information about a registered migration agent, or an inactive migration agent, to any of the following (the recipient): (a) the…
Section 332A — Collection of registration status charge
When charge due and payable (1) Registration status charge is due and payable at the time worked out in accordance with a determination made, by legislative instrument, by the Migration Agents…
Section 332C — Removing disciplinary details—registered migration agents
(1) The Migration Agents Registration Authority must remove any of the following details that are made available by electronic means under this Part: (a) any statement relating to the cancellation or…
Section 332D — Removing disciplinary details—former registered migration agents
(1) The Migration Agents Registration Authority must remove any statement that is made available by electronic means under section 311C. (2) The Authority must remove the statement within the period…
Section 332E — Protection from civil proceedings
Complaints about registered migration agents (1) No action or other proceeding for damages lies against a person in respect of loss, damage or injury of any kind suffered by another person because of…
Section 332F — Disclosure of personal information by the Secretary
(1) The Secretary may disclose personal information about a registered migration agent, or an inactive migration agent, to the ART. (2) However, the Secretary may do so only in the prescribed…
Section 332G — Disclosure of personal information by the ART
Discretionary disclosure (1) The ART may disclose personal information about a registered migration agent, or an inactive migration agent, to the Secretary or an authorised officer. (2) However, the…
Section 332H — Giving of notices under this Part
(1) If a provision of this Part requires or permits the Migration Agents Registration Authority to give a notice to a person (the recipient): (a) the Authority must give the notice to the recipient…
Section 333 — Definitions
In this Division: amending Act means the Migration Amendment (Regulation of Migration Agents) Act 2020. Division 8 commencement day means the day this Division commences. Note: This Division was…
Section 333A — Restrictions on giving immigration assistance and making immigration representations
(1) Despite the amendments of Division 2 made by Schedule 1 to the amending Act, that Division, as in force immediately before the Division 8 commencement day, continues to apply in relation to any…
Section 333B — Registered migration agents who were unrestricted legal practitioners immediately before the Division 8 commencement day
Scope (1) This section applies in relation to a person who, immediately before the Division 8 commencement day, was both: (a) a registered migration agent (even if, at that time, the person’s…
Section 333C — Persons who were restricted legal practitioners immediately before the Division 8 commencement day
Scope (1) This section applies in relation to a person who was a restricted legal practitioner immediately before the Division 8 commencement day (whether or not the person was a registered migration…
Section 333D — Registration applications made before the Division 8 commencement day
Scope (1) This section applies in relation to a person if, immediately before the Division 8 commencement day: (a) the person had made a registration application (whether or not the person had…
Section 333E — Events required to be notified under s 312(4)
Subsection 312(4) (added by Schedule 1 to the amending Act) applies to require a registered migration agent to notify the Migration Agents Registration Authority that the agent has become a…
Section 334 — Offences in relation to false or misleading statements regarding the making of decisions
(1) A person commits an offence if: (a) the person makes a statement; and (b) the statement is about: (i) the person’s ability or power; or (ii) another person’s ability or power; to induce or…
Section 335 — Offence of undertaking, for reward, to cause decisions to be made etc.
A person must not enter an arrangement under which he or she undertakes, in return for a payment or other reward, that a decision under this Act to a particular effect will be made. Penalty:…
Section 336 — Court may order reparation for loss suffered
(1) Where: (a) a person is convicted by a court of an offence against this Part; and (b) because of that offence, another person has suffered loss; the court may, in addition to any penalty imposed…