# Applicant must not be registered if not a person of integrity or not fit and proper

> act-s290 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

290 Applicant must not be registered if not a person of integrity or
          not fit and proper
          (1) An applicant must not be registered if the Migration Agents
              Registration Authority is satisfied that:
               (a) the applicant is not a fit and proper person to give
                   immigration assistance; or
               (b) the applicant is not a person of integrity; or
               (c) the applicant is related by employment to an individual who
                   is not a person of integrity and the applicant should not be
                   registered because of that relationship.
          (2) In considering whether it is satisfied that the applicant is not fit and
              proper or not a person of integrity, the Migration Agents
              Registration Authority must take into account:
                (a) the extent of the applicant’s knowledge of migration
                     procedure; and
                (c) any conviction of the applicant of a criminal offence relevant
                     to the question whether the applicant is not:
                       (i) a fit and proper person to give immigration assistance;
                           or
                      (ii) a person of integrity;
                     (except a conviction that is spent under Part VIIC of the
                     Crimes Act 1914); and
                (d) any criminal proceedings that the applicant is the subject of
                     and that the Authority considers relevant to the application;
                     and
                (e) any inquiry or investigation that the applicant is or has been
                     the subject of and that the Authority considers relevant to the
                     application; and
                 (f) any disciplinary action that is being taken, or has been taken,
                     against the applicant that the Authority considers relevant to
                     the application; and
                (g) any bankruptcy (present or past) of the applicant; and
                (h) any other matter relevant to the applicant’s fitness to give
                     immigration assistance.









          (3) In considering whether it is satisfied that an individual to whom the
              applicant is related by employment is not a person of integrity, the
              Migration Agents Registration Authority must take into account
              each of the following matters, so far as the Authority considers it
              relevant to the question whether the individual is not a person of
              integrity:
                (a) any conviction of the individual of a criminal offence (except
                    a conviction that is spent under Part VIIC of the Crimes Act
                    1914);
                (b) any criminal proceedings that the individual is the subject of;
                (c) any inquiry or investigation that the individual is or has been
                    the subject of;
                (d) any disciplinary action that is being taken, or has been taken,
                    against the individual;
                (e) any bankruptcy (present or past) of the individual.
          (4) To avoid doubt, this section applies to all applicants (not just first
              time applicants).