# Restriction on charging fees for immigration assistance

> act-s281 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

281 Restriction on charging fees for immigration assistance
          (1) Subject to subsection (3), a person who is not a registered
              migration 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 migration agent.
               Penalty: Imprisonment for 10 years.
          (3) This section does not prohibit:
               (a) an Australian legal practitioner from asking for or receiving a
                    fee or other reward for giving immigration assistance in
                    connection with legal practice; or
               (b) a person from asking for or receiving a fee or other reward
                    for the giving of immigration assistance by an Australian
                    legal practitioner 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) A person is not entitled to sue for, recover or set off any fee or
              other reward that the person must not ask for or receive because of
              subsection (1).