Document ID: chunk:federal_register_of_legislation:C2004A04376:body:0:p4
Version: federal_register_of_legislation:C2004A04376
Segment Type: other
Provision Reference: 
Character Range: 7928–10734

receiving a fee for giving immigration legal assistance; or

    (b)     a person from asking for or receiving a fee for the giving of immigration legal assistance by a lawyer.

"(4) A person is not entitled to sue for, recover or set off any fee or other reward that the person must not ask for or receive because of subsection (1).

Restriction on charging fees for immigration representations

"114H.(1) A person who is not a registered agent must not ask for or receive any fee or other reward for making immigration representations.

Penalty: Imprisonment for 10 years.

"(2) A person must not ask for or receive any fee or other reward for the making of immigration representations by another person who is not a registered agent.

Penalty: Imprisonment for 10 years.

"(3) A person is not entitled to sue for, recover or set off any fee or other reward that the person must not ask for or receive because of subsection (1).

"(4) For the purposes of this section, a person makes immigration representations if he or she makes representations to, or otherwise communicates with, the Minister, a member of the Minister's staff or the Department (whether directly or indirectly and whether orally or in

writing) on behalf of an entrance applicant in relation to the entrance application.

False representation that a person is registered agent

"114J.(1) A person who is not a registered agent must not directly or indirectly represent that he or she is such an agent.

"(2) A person must not, knowingly or recklessly, directly or indirectly represent that another person who is not a registered agent is such an agent.

Penalty: Imprisonment for 2 years.

Restriction on self-advertising of the giving of immigration assistance

"114K.(1) Subject to this section, a person who is not a registered agent must not advertise that he or she gives immigration assistance.

Penalty: Imprisonment for 2 years.

"(2) This section does not prohibit a parliamentarian from advertising that he or she gives immigration assistance.

"(3) This section does not prohibit a lawyer from advertising that he or she gives immigration legal assistance.

"(4) This section does not prohibit an official from advertising that he or she gives immigration assistance in the course of acting as an official.

Restriction on other advertising of immigration assistance

"114L.(1) Subject to this section, a person must not, knowingly or recklessly, directly or indirectly advertise that another person who is not a registered agent gives immigration assistance.

Penalty: Imprisonment for 2 years.

"(2) This section does not prohibit a person from advertising that another person who is a parliamentarian gives immigration assistance.

"(3) This section does not prohibit a person from advertising that another person who is