Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 306D

Power to obtain documents from inactive migration agent

             (1)  This section applies to a person who is an inactive migration agent if the Migration Agents Registration Authority has reason to believe that:

                     (a)  before becoming an inactive migration agent and while the person was a registered migration agent, the person gave, or anticipated giving, immigration assistance to one or more clients; and

                     (b)  the inactive migration agent has in his or her possession or control documents that:

                              (i)  are or were connected with the giving, or anticipated giving, of that immigration assistance to those clients; and

                             (ii)  relate to the affairs of those clients.

             (2)  The Migration Agents Registration Authority may, by written notice given to the inactive migration agent, require him or her:

                     (a)  to make copies of any such documents and to produce those copies to the Authority within the specified period and in the specified manner; or

                     (b)  to produce to the Authority, within the specified period and in the specified manner, any such documents that are owned by those clients or that were provided to the agent by, or on behalf of, those clients.

Note:          An example of a document provided to a registered migration agent is a client's passport.

             (3)  A notice under subsection (2) must set out the effect of sections 306G and 306H.

             (4)  A notice under subsection (2) need not identify any particular client or clients.

             (5)  A period specified in a notice under subsection (2) must end at least 14 days after the notice was given.

Note:          Section 332H sets out when the inactive migration agent is taken to have been given the notice.



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