Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 312

Notification obligations

             (1)  A registered migration agent must notify the Migration Agents Registration Authority in writing within 14 days after any of the following events occurs:

                     (a)  he or she becomes bankrupt;

                     (b)  he or she applies to take the benefit of any law for the relief of bankrupt or insolvent debtors;

                     (c)  he or she compounds with his or her creditors;

                     (d)  he or she makes an assignment of remuneration for the benefit of his or her creditors;

                     (e)  he or she is convicted of an offence under a law of the Commonwealth or of a State or Territory;

                    (ea)  if he or she paid, in relation to his or her current period of registration, the charge payable under regulation 5 of the Migration Agents Registration Application Charge Regulations 1998 --he or she begins to give immigration assistance:

                              (i)  on a commercial, or for-profit, basis; or

                             (ii)  as a member of, or a person associated with, an organisation that operates on a commercial, or for-profit, basis;

                      (f)  he or she becomes an employee, or becomes the employee of a new employer, and will give immigration assistance in that capacity;

                    (fa)  he or she becomes a member of a partnership and will give immigration assistance in that capacity;

                     (g)  if he or she is a member or an employee of a partnership and gives immigration assistance in that capacity--a member of the partnership becomes bankrupt;

                     (h)  if he or she is an executive officer or an employee of a corporation and gives immigration assistance in that capacity:

                              (i)  a receiver of its property or part of its property is appointed; or

                            (iii)  it begins to be wound up.

Penalty:  100 penalty units.

             (2)  An offence against subsection (1) is an offence of strict liability.

Note:          For strict liability , see section 6.1 of the Criminal Code .

             (3)  The day on which the event mentioned in paragraph (1)(ea) occurs is to be worked out in accordance with the Migration Agents Registration Application Charge Regulations 1998 .



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