Document ID: chunk:federal_register_of_legislation:C2004A04376:body:0:p3
Version: federal_register_of_legislation:C2004A04376
Segment Type: other
Provision Reference: 
Character Range: 5374–8158

"114E. Despite paragraph 85ZZH(d) of the Crimes Act 1914, Part VIIC of that Act applies to this Part.

"Division 2—Restrictions on giving of immigration assistance and making of immigration representations

Restrictions on giving of immigration assistance

"114F.(1) Subject to this section, a person who is not a registered agent must not give immigration assistance.

Penalty: $5,000.

"(2) This section does not prohibit a parliamentarian from giving immigration assistance.

"(3) This section does not prohibit a lawyer from giving immigration legal assistance.

"(4) This section does not prohibit an official from giving immigration assistance in the course of his or her duties as an official.

"(5) This section does not prohibit an individual from giving immigration assistance if the assistance is:

   (a)     not given for a fee or other reward; and

     (b)     not given in his or her capacity as an employee of, or a voluntary worker for, another person or organisation; and

     (c)     not given in the course of, or in association with, the conduct of a profession or business.

"(6) This section does not prohibit an individual from giving immigration assistance in his or her capacity as:

   (a)     a member of a diplomatic mission; or

   (b)     a member of a consular post; or

   (c)     a member of an office of an international organization.

  "(7) In this section:

'member of a consular post' means a person who is a member of a consular post for the purposes of the Consular Privileges and Immunities Act 1972;

'member of a diplomatic mission' means a person who is a member of a mission for the purposes of the Diplomatic Privileges and Immunities Act 1967;

'member of an office of an international organization' means the holder of an office in, an employee of, or a voluntary worker for, a body that, under section 3 of the International Organizations (Privileges and Immunities) Act 1963, is an international organization within the meaning of that Act.

Restriction on charging fees for immigration assistance

"114G.(1) Subject to subsection (3), a person who is not a registered agent must not ask for or receive any fee or other reward for giving immigration assistance.

Penalty: Imprisonment for 10 years.

"(2) Subject to subsection (3), a person must not ask for or receive any fee or other reward for the giving of immigration assistance by another person who is not a registered agent.

Penalty: Imprisonment for 10 years.

  "(3) This section does not prohibit:

    (a)     a lawyer from asking for or 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