MIGRATION ACT 1958 - SECT 312 Notification obligations

MIGRATION ACT 1958 - SECT 312

  (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 the agent paid the non - commercial application charge in relation to the agent's current period of registration--the agent begins to give immigration assistance otherwise than on a non - commercial basis during that period;

  (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 following terms used in paragraph   (1)(ea) have the same meaning as in the Migration Agents Registration Application Charge Act 1997 :

  (a)   begins (in relation to immigration assistance given otherwise than on a non - commercial basis);

  (b)   non - commercial application charge ;

  (c)   non - commercial basis (in relation to the basis on which immigration assistance is given).

  (4)   A registered migration agent must notify the Migration Agents Registration Authority in writing within 28 days after the agent becomes:

  (a)   a restricted legal practitioner; or

  (b)   an unrestricted legal practitioner.

Penalty:   100 penalty units.

  (5)   An offence against subsection   (4) is an offence of strict liability.

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