Document ID: chunk:federal_register_of_legislation:C2004A04376:body:0:p11
Version: federal_register_of_legislation:C2004A04376
Segment Type: other
Provision Reference: 
Character Range: 25995–28855

(a)     is not bound by technicalities, legal forms or rules of evidence; and

    (b)     must act according to substantial justice and the merits of the case.

"Division 5—Obligations of registered agents

Notification obligations

"114ZP.(1) A registered agent must notify the Board as soon as is reasonably possible 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;

    (f)      he or she becomes an employee, or becomes the employee of a new employer, 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;

      (ii) it is placed under official management;

      (iii) it begins to be wound up.

Penalty: $10,000.

"(2) A registered agent whose registration is renewed must, within 2 months of the renewal, provide the Board with:

    (a)     if section 5 of the Migration Agents Registration (Renewal) Levy Act 1992 applies to the renewal—particulars showing that the section applies; and

    (b)    if the applicant was, at the time of the renewal, a person who gave immigration assistance in the capacity of:

       (i) an employee of an individual; or

       (ii) an executive officer or employee of a corporation; or

       (iii) a member or employee of a partnership—

     particulars of the individual, the corporation and its executive officers, or the partnership; and

     (c) if the applicant proposes to give paid immigration assistance in no more than 5 immigration cases in the period of registration— an estimate of the extent of the applicant's proposed immigration assistance.

Persons charged for services to be given detailed statement of services

"114ZQ.(1) A registered agent is not entitled to be paid a fee or other reward for giving immigration assistance to an entrance applicant unless the agent gives the entrance applicant a statement of services.

  "(2) A statement of services must set out:

  (a)     particulars of each service performed; and

  (b)     the charge made in respect of each such service.

  "(3) Where:

    (a)     an entrance applicant has paid a registered agent for giving immigration assistance without