Section 312 — Notification obligations

312 Notification obligations

(1) A registered migration agent must notify the Migration Agents Registration Authority in writing within 14 days after any of the following events occurs:

(a) he or she becomes bankrupt;

(b) he or she applies to take the benefit of any law for the relief of bankrupt or insolvent debtors;

(c) he or she compounds with his or her creditors;

(d) he or she makes an assignment of remuneration for the benefit of his or her creditors;

(e) he or she is convicted of an offence under a law of the Commonwealth or of a State or Territory;

(ea) if the agent paid the non-commercial application charge in relation to the agent’s current period of registration—the agent begins to give immigration assistance otherwise than on a non-commercial basis during that period;

(f) he or she becomes an employee, or becomes the employee of a new employer, and will give immigration assistance in that capacity;

(fa) he or she becomes a member of a partnership and will give immigration assistance in that capacity;

(g) if he or she is a member or an employee of a partnership and gives immigration assistance in that capacity—a member of the partnership becomes bankrupt;

(h) if he or she is an executive officer or an employee of a corporation and gives immigration assistance in that capacity:

(i) a receiver of its property or part of its property is appointed; or

(iii) it begins to be wound up.

Penalty: 100 penalty units.

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

(3) The following terms used in paragraph (1)(ea) have the same meaning as in the Migration Agents Registration Application Charge Act 1997:

(a) begins (in relation to immigration assistance given otherwise than on a non-commercial basis);

(b) non-commercial application charge;

(c) non-commercial basis (in relation to the basis on which immigration assistance is given).

(4) A registered migration agent must notify the Migration Agents Registration Authority in writing within 28 days after the agent becomes:

(a) a restricted legal practitioner; or

(b) an unrestricted legal practitioner. Penalty: 100 penalty units.

(5) An offence against subsection (4) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code.