Commonwealth Consolidated Regulations

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MIGRATION AGENTS REGULATIONS 1998 - REG 9B

Disclosure of personal information by the Authority

         (1)   For subsection 321A (2) of the Act, each of the following is a prescribed circumstance:

                (a)    a registered migration agent, or an inactive migration agent, is currently under investigation for possible offences under the Act;

               (b)    a client of a registered migration agent, or an inactive migration agent, is currently under investigation for possible offences under the Act;

                (c)    the Minister is considering referring a registered migration agent, or an inactive migration agent, to the Authority for mandatory sanctioning;

               (d)    the Department is considering making a complaint to the Authority about a registered migration agent, or an inactive migration agent;

                (e)    a registered migration agent, or an inactive migration agent, has been sanctioned by the Authority;

                (f)    the personal information is required to allow the Secretary, an authorised officer or a review authority to collect information about the conduct of registered migration agents, or inactive migration agents.

         (2)   For subsection 321A (3) of the Act, the recipient may disclose personal information disclosed under subsection 321A (1) of the Act to a relevant professional body if:

                (a)    the information is about the conduct of a registered migration agent or an inactive migration agent; and

               (b)    the recipient believes that that conduct may be of concern to the relevant professional body.

         (3)   For subregulation (2), relevant professional body means a professional body of which the agent is or was a member.



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