Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 276

Immigration assistance

             (1)  For the purposes of this Part, a person gives immigration assistance if the person uses, or purports to use, knowledge of, or experience in, migration procedure to assist a visa applicant or cancellation review applicant by:

                     (a)  preparing, or helping to prepare, the visa application or cancellation review application; or

                     (b)  advising the visa applicant or cancellation review applicant about the visa application or cancellation review application; or

                     (c)  preparing for proceedings before a court or review authority in relation to the visa application or cancellation review application; or

                     (d)  representing the visa applicant or cancellation review applicant in proceedings before a court or review authority in relation to the visa application or cancellation review application.

             (2)  For the purposes of this Part, a person also gives immigration assistance if the person uses, or purports to use, knowledge of, or experience in, migration procedure to assist another person by:

                     (a)  preparing, or helping to prepare, a document indicating that the other person nominates or sponsors a visa applicant for the purposes of the regulations; or

                     (b)  advising the other person about nominating or sponsoring a visa applicant for the purposes of the regulations; or

                     (c)  representing the other person in proceedings before a court or review authority that relate to the visa for which the other person was nominating or sponsoring a visa applicant (or seeking to nominate or sponsor a visa applicant) for the purposes of the regulations.

          (2A)  For the purposes of this Part, a person also gives immigration assistance if the person uses, or purports to use, knowledge of, or experience in, migration procedure to assist another person by:

                     (a)  preparing, or helping to prepare, a request to the Minister to exercise his or her power under section 351, 417 or 501J in respect of a decision (whether or not the decision relates to the other person); or

                    (aa)  preparing, or helping to prepare, a request to the Minister to exercise a power under section 195A, 197AB or 197AD (whether or not the exercise of the power would relate to the other person); or

                     (b)  advising the other person about making a request referred to in paragraph (a) or (aa).

             (3)  Despite subsections (1), (2) and (2A), a person does not give immigration assistance if he or she merely:

                     (a)  does clerical work to prepare (or help prepare) an application or other document; or

                     (b)  provides translation or interpretation services to help prepare an application or other document; or

                     (c)  advises another person that the other person must apply for a visa; or

                     (d)  passes on to another person information produced by a third person, without giving substantial comment on or explanation of the information.

             (4)  A person also does not give immigration assistance in the circumstances prescribed by the regulations.



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