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Restrictions of giving immigration assistance and making of immigration representations

Offence title:

 

Restrictions of giving immigration assistance and making of immigration representations

Act:

 

280 Migration Act 1958

Offence:

A person who is not a registered migration agent must not give migration assistance

 

Penalty:

 

60 penalty unit

 

Summary/Indictable/mixed:

 

Summary

 

Jurisdiction:

 

Local Court

How committed:

 

A migrant seeks migration assistance from their accountant.

 

Important note:

Defence: it is a defence to an allegation, if the person providing the assistance is –

a.     A parliamentarian; or

b.     A lawyer; or

c.      An official in the course of their duties; or

d.     An individual, may, if they have experience of the processes (see s.276(2A)) provide free assistance; or

e.     A close family member [as defined]; or

f.      A person nominating a visa applicant for the purpose of the regulations; or

g.     A person sponsoring a visa applicant for the purpose of the regulations; or

h.     A person who is:

                         i.         A member of a diplomatic mission [as defined]; or

                       ii.         A member of a consular post [as defined]; or

                      iii.         A member of an international organisation [as defined].

 

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