# Referral of conduct of certain migration agents to legal disciplinary authorities

> act-s319 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

319 Referral of conduct of certain migration agents to legal
          disciplinary authorities

               Referral generally
          (1) The Migration Agents Registration Authority may refer the
              conduct of a registered migration agent, or a former registered
              migration agent, who is an Australian legal practitioner to an
              authority responsible for disciplining Australian legal practitioners
              in a State or Territory if:
                (a) the legal practitioner was granted a practising certificate
                    under the law of that State or Territory; and
                (b) the conduct occurred while the legal practitioner was a
                    registered migration agent, whether or not the conduct
                    occurred in connection with legal practice.

               Conduct of registered migration agents
          (2) If the Migration Agents Registration Authority refers the conduct
              of a registered migration agent, it may not take action against the
              agent under section 303 on the basis of that conduct.









               Note:      Section 303 allows the Migration Agents Registration Authority to
                          caution a registered migration agent or suspend or cancel a registered
                          migration agent’s registration.

               Conduct of former registered migration agents
          (3) If the Migration Agents Registration Authority refers the conduct
              of a former registered migration agent, it may not take action
              against him or her under subsection 311A(1) on the basis of that
              conduct.
               Note:      Subsection 311A(1) allows the Authority to bar a former registered
                          migration agent from being a registered migration agent for a period
                          of not more than 5 years starting on the day of its decision.
