Document ID: chunk:federal_register_of_legislation:C2004A04376:body:0:p15
Version: federal_register_of_legislation:C2004A04376
Segment Type: other
Provision Reference: 
Character Range: 36364–39083

after the commencement of the Migration Amendment Act (No. 3) 1992 ('commencement day').

"(2) Without limiting subsection (1), any investigation, or disciplinary action, being taken by, or at the request of, the Board when this Part ceases to be in force ends when this Part so ceases.

"(3) The fact that this Part ceases to be in force does not affect any penalty or other punishment imposed, or any other liability incurred, because of an offence under this Part.

"(4) The regulations may provide for the refund of all or part of registration application fees and renewal fees paid later than 2 years after commencement day.

"PART 2B—OFFENCES RELATING TO DECISIONS UNDER ACT

Offences in relation to false or misleading statements regarding the making of decisions

"114ZZM.(1) A person must not knowingly or recklessly make a false or misleading statement about:

   (a)     the person's ability or power; or

   (b)     another person's ability or power;

to induce or influence the making of decisions, or of a particular decision, under this Act.

"(2) A person must not knowingly or recklessly make a false or misleading statement about the effect of:

   (a)     the person's actions; or

   (b)     another person's actions;

on the making of a decision under this Act.

Penalty: Imprisonment for 2 years.

Offence of undertaking, for reward, to cause decisions to be made etc.

"114ZZN. A person must not enter an arrangement under which he or she undertakes, in return for a payment or other reward, that a decision under this Act to a particular effect will be made.

Penalty: Imprisonment for 2 years.

Court may order reparation for loss suffered

  "114ZZP.(1) Where:

    (a)     a person is convicted by a court of an offence against this Part; and

  (b)     because of that offence, another person has suffered loss;

the court may, in addition to any penalty imposed on the offender, order the offender to make to the other person such reparation (whether by payment of money or otherwise) as the court thinks fit.

  "(2) Where:

    (a)     a court makes an order for the making of reparation by payment of an amount of money; and

    (b)    the clerk, or other appropriate officer, of the court signs a certificate specifying:

       (i) the amount ordered to be paid; and

      (ii) the person by whom the amount is to be paid; and

      (iii) the person to whom the amount is to be paid; and

    (c) the certificate is filed in a court having civil jurisdiction to the extent of the amount to be paid;

the certificate is enforceable in all respects as a final judgment of the court in which the certificate is filed.

"(3) The court may not, under subsection (1), order reparation in