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Requiring former registered migration agents to give information or documents

Offence title:

 

Requiring former registered migration agents to give information or documents

 

Act:

 

311EA Migration Act 1958

Offence:

If the Migration Agents Registration Authority is considering barring an agent under s.311A, for a period, the Authority may provide a notice to the agent requiring prescribed information or documents within a specified period and in a specified manner. (The period for compliance with a notice is 14 days)

Penalty:

 

60 penalty units

 

Summary/Indictable/mixed:

 

Summary

 

Jurisdiction:

 

Local Court

How committed:

 

An agent who is suspected of committing a disciplinary offence and fails to respond to a notice, from the Authority, requesting information will commit an offence.

 

Important note:

Self-incrimination is no excuse for failing to answer the requirements. However, any answer given, or document produced, cannot be used in evidence against the agent in a criminal proceeding except for offences against 137.1 [False or misleading information] or 137.2 [False or misleading documents] Criminal Code as they relate to this Act or regulations.

 

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