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MIGRATION ACT 1958 - SECT 281 Restriction on charging fees for immigration assistance

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)   an Australian legal practitioner from asking for or receiving a fee or other reward for giving immigration assistance in connection with legal practice; or

  (b)   a person from asking for or receiving a fee or other reward for the giving of immigration assistance by an Australian legal practitioner in connection with legal practice.

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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