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Requiring registered migration agents to give information or documents

Offence title:

 

Requiring registered migration agents to give information or documents

 

Act:

 

305C Migration Act 1958

Offence:

If the Migration Agents Registration Authority is considering refusing, suspending or cancelling registration, it can require, by written notice, prescribed information or documents within a specified manner. A person who fails to comply with the requirement commits an offence.

Penalty:

 

60 penalty units

 

Summary/Indictable/mixed:

 

Summary

 

Jurisdiction:

 

Local Court

How committed:

 

An agent is required to produce a file on a client to the Authority within a specified time, and fails to do so, commits 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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