Document ID: chunk:federal_register_of_legislation:C2006C00046:clause:1_290
Version: federal_register_of_legislation:C2006C00046
Segment Type: clause
Provision Reference: sch 1 cl 290
Character Range: 13495–16118

290  Applicant must not be registered if not a person of integrity or not fit and proper

 (1) An applicant must not be registered if the Migration Agents Registration Authority is satisfied that:
 (a) the applicant is not a fit and proper person to give immigration assistance; or
 (b) the applicant is not a person of integrity; or
 (c) the applicant is related by employment to an individual who is not a person of integrity and the applicant should not be registered because of that relationship.

 (2) In considering whether it is satisfied that the applicant is not fit and proper or not a person of integrity, the Migration Agents Registration Authority must take into account:
 (a) the extent of the applicant's knowledge of migration procedure; and
 (b) whether the applicant has a qualification prescribed by the regulations or a knowledge of migration procedure that the Authority considers to be sound; and
 (c) any conviction of the applicant of a criminal offence relevant to the question whether the applicant is not:
 (i) a fit and proper person to give immigration assistance; or
 (ii) a person of integrity;
  (except a conviction that is spent under Part VIIC of the Crimes Act 1914); and
 (d) any criminal proceedings that the applicant is the subject of and that the Authority considers relevant to the application; and
 (e) any inquiry or investigation that the applicant is or has been the subject of and that the Authority considers relevant to the application; and
 (f) any disciplinary action that a professional association is taking, or has taken, against the applicant that the Authority considers relevant to the application; and
 (g) any bankruptcy (present or past) of the applicant; and
 (h) any other matter relevant to the applicant's fitness to give immigration assistance.

 (3) In considering whether it is satisfied that an individual to whom the applicant is related by employment is not a person of integrity, the Migration Agents Registration Authority must take into account each of the following matters, so far as the Authority considers it relevant to the question whether the individual is not a person of integrity:
 (a) any conviction of the individual of a criminal offence (except a conviction that is spent under Part VIIC of the Crimes Act 1914);
 (b) any criminal proceedings that the individual is the subject of;
 (c) any inquiry or investigation that the individual is or has been the subject of;
 (d) any disciplinary action that a professional association is taking, or has taken, against the individual;
 (e) any bankruptcy (present or past) of the individual.