Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 281

Restriction on charging fees for immigration assistance

             (1)  Subject to subsection (3), a person who is not a registered migration agent must not ask for or receive any fee or other reward for giving immigration assistance.

Penalty:  Imprisonment for 10 years.

             (2)  Subject to subsection (3), a person must not ask for or receive any fee or other reward for the giving of immigration assistance by another person who is not a registered migration agent.

Penalty:  Imprisonment for 10 years.

             (3)  This section does not prohibit:

                     (a)  a lawyer from asking for or receiving a fee for giving immigration legal assistance; or

                     (b)  a person from asking for or receiving a fee for the giving of immigration legal assistance by a lawyer.

Note:          A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code ).

             (4)  A person is not entitled to sue for, recover or set off any fee or other reward that the person must not ask for or receive because of subsection (1).



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