MIGRATION ACT 1958 - SECT 319 Referral of conduct of certain migration agents to legal disciplinary authorities

MIGRATION ACT 1958 - SECT 319

Referral generally

  (1)   The Migration Agents Registration Authority may refer the conduct of a registered migration agent, or a former registered migration agent, who is an Australian legal practitioner to an authority responsible for disciplining Australian legal practitioners in a State or Territory if:

  (a)   the legal practitioner was granted a practising certificate under the law of that State or Territory; and

  (b)   the conduct occurred while the legal practitioner was a registered migration agent, whether or not the conduct occurred in connection with legal practice.

Conduct of registered migration agents

  (2)   If the Migration Agents Registration Authority refers the conduct of a registered migration agent, it may not take action against the agent under section   303 on the basis of that conduct.

Note:   Section   303 allows the Migration Agents Registration Authority to caution a registered migration agent or suspend or cancel a registered migration agent's registration.

Conduct of former registered migration agents

  (3)   If the Migration Agents Registration Authority refers the conduct of a former registered migration agent, it may not take action against him or her under subsection   311A(1) on the basis of that conduct.

Note:   Subsection   311A(1) allows the Authority to bar a former registered migration agent from being a registered migration agent for a period of not more than 5 years starting on the day of its decision.