Document ID: chunk:federal_register_of_legislation:C2004A04376:body:0:p16
Version: federal_register_of_legislation:C2004A04376
Segment Type: other
Provision Reference: 
Character Range: 38861–41492

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 respect of an amount paid by a person if that amount has been recovered by the person under section 114ZQ.

"(4) If an amount paid by a person could be recovered by the person under section 114ZQ, the following provisions apply:

     (a) if, under subsection (1), a court orders the person to whom the amount was paid to make reparation to the first person, the court must state in the order whether the reparation ordered includes reparation for the amount paid;

     (b) if a court states in an order under subsection (1) that the reparation ordered is or includes reparation for the amount paid, the amount is not recoverable under section 114ZQ.".

Transitional provision on practice as a migration agent

5.(1) In this section, expressions have the same meanings as in Part 2A of the Principal Act as amended by this Act ("Agents Part").

(2)     If, immediately before the commencement of this Act, a person was holding himself or herself out as available to give immigration assistance, Division 2 of the Agents Part does not apply to the person for the period of 3 months after the commencement.

(3)     If an individual to whom subsection (2) applies makes an application within those 3 months, Division 2 of the Agents Part continues not to apply to him or her for the further period ending on the day that:

     (a) the Board directs him or her to cease to hold himself or herself out as available to give immigration assistance; or

   (b) he or she becomes a registered agent;

whichever is earlier.

(4) If an individual to whom subsection (2) applies makes an application within those 3 months, section 114T in the Agents Part applies to the person's application as if the following paragraph were substituted for paragraph (f):

   "(f) does not satisfy at least one of the following:

        (i) is the holder of a prescribed qualification;

         (ii) has had substantial experience in giving migration assistance over a period of at least 2 years immediately before making the application;

          (iii) has, in the opinion of the Secretary, a sound knowledge of migration procedure.".

NOTE

  1. No. 62, 1958, as amended. For previous amendments, see No. 87, 1964; No. 10, 1966; Nos. 16 and 216, 1973; Nos. 37 and 91, 1976; Nos. 117 and 118, 1979; Nos. 89 and 175, 1980; No. 61, 1981; No. 51, 1982; Nos. 73 and 112, 1983; Nos. 22, 72 and 123, 1984; Nos. 71, 102 and 168,