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Offence title:
Restriction on charging fees for immigration services
Act:
281 Migration Act 1958
Offence:
(1) A person who is not a registered migration agent must not ask for or receive any fee or other reward for giving migration assistance.
(2) A person must not ask for or receive and fee or reward for giving immigration assistance by another person who is not a migration agent.
Penalty:
Imprisonment for 10 years
Summary/Indictable/mixed:
Mixed
Jurisdiction:
Local, District or Supreme Court
How committed:
A migrant seeks assistance from their accountant, the accountant agrees to give such assistance and charges a fee.
Important note:
Defence: it is a defence to an allegation, if the person providing the assistance is –
i. A lawyer providing immigration legal assistance; or
ii. A person for the giving of immigration legal assistance by a lawyer.
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