Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 311L

Taking of disciplinary action

             (1)  If the Minister refers a former registered migration agent to the Migration Agents Registration Authority for disciplinary action, the Authority must bar him or her from being a registered migration agent for a period of not more than 5 years starting on the day that the Authority's decision takes effect.

Findings of fact

             (2)  In making its decision, the Authority must take the findings of fact made by the Minister in relation to the referral decision to be correct.

Matters Authority must take into account

             (3)  The Authority must take only the following matters into account in making its decision under subsection (1):

                     (a)  any written submission made to the Minister under subsection 311J(1) by the former agent;

                     (b)  the findings of fact made by the Minister in relation to the referral decision;

                     (c)  the grounds given by the Minister for the referral decision.

Natural justice hearing rule

             (4)  This section, section 311J and sections 494A to 494D are taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to the decision the Authority is required to make under subsection (1) of this section.

Note:          Section 311J requires the Minister to give the former agent an opportunity to make a submission before the Minister refers the former agent for disciplinary action. Sections 494A to 494D relate to the giving of documents by the Minister under this Act.

Time of decision

             (5)  The Authority must make its decision under subsection (1) as soon as possible, but not later than 14 days, after receiving notice of the referral.

Note:          Section 494C sets out when the Authority is taken to have received notice of the referral.

Notice to agent

             (6)  The Authority must give the former agent written notice of its decision. The notice must set out the reasons for the decision.

             (7)  The decision takes effect at the time the former agent is given written notice of it.

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



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