Section 280 — Restrictions on giving of immigration assistance

280 Restrictions on giving of immigration assistance

(1) Subject to this section, a person who is not a registered migration agent must not give immigration assistance. Penalty: 60 penalty units. Note: See also paragraph 504(1)(ja) (which deals with the payment of penalties as an alternative to prosecution).

(1A) An offence against subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code.

(2) This section does not prohibit a parliamentarian from giving immigration assistance. Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

(3) This section does not prohibit an Australian legal practitioner from giving immigration assistance in connection with legal practice. Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

(4) This section does not prohibit an official from giving immigration assistance in the course of his or her duties as an official. Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

(5) This section does not prevent an individual from giving immigration assistance of a kind covered by subsection 276(2A) if the assistance is not given for a fee or other reward. Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

(5A) This section does not prevent a close family member of a person from giving immigration assistance to the person. Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

(5B) This section does not prevent a person nominating a visa applicant for the purposes of the regulations from giving immigration assistance to the applicant. Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

(5C) This section does not prevent a person sponsoring a visa applicant for the purposes of the regulations from giving immigration assistance to the applicant. Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

(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 organisation.

Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

(7) In this section: close family member has the meaning given by the regulations. 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 organisation means the holder of an office in, an employee of, or a voluntary worker for, a body that, under section 3 of the International Organisations (Privileges and Immunities) Act 1963, is an international organisation within the meaning of that Act.