Migration Act 1958

For the purposes of this Part, a person gives immigration assistance if the person uses, or purports to use, knowledge of, or experience in, migration procedure to assist a visa applicant or cancellation review applicant by:

preparing, or helping to prepare, the visa application or cancellation review application; or

advising the visa applicant or cancellation review applicant about the visa application or cancellation review application; or

preparing for proceedings before a court or the ART in relation to the visa application or cancellation review application; or

representing the visa applicant or cancellation review applicant in proceedings before a court or the ART in relation to the visa application or cancellation review application.

For the purposes of this Part, a person also gives immigration assistance if the person uses, or purports to use, knowledge of, or experience in, migration procedure to assist another person by:

preparing, or helping to prepare, a document indicating that the other person nominates or sponsors a visa applicant for the purposes of the regulations; or

advising the other person about nominating or sponsoring a visa applicant for the purposes of the regulations; or

representing the other person in proceedings before a court or the ART that relate to the visa for which the other person was nominating or sponsoring a visa applicant (or seeking to nominate or sponsor a visa applicant) for the purposes of the regulations.

For the purposes of this Part, a person also gives immigration assistance if the person uses, or purports to use, knowledge of, or experience in, migration procedure to assist another person by:

preparing, or helping to prepare, a request to the Minister to exercise his or her power under section 351 or 501J in respect of a decision (whether or not the decision relates to the other person); or

preparing, or helping to prepare, a request to the Minister to exercise a power under section 195A, 197AB or 197AD (whether or not the exercise of the power would relate to the other person); or

advising the other person about making a request referred to in paragraph (a) or (aa).

For the purposes of this Part, a person also gives immigration assistance if the person uses, or purports to use, knowledge of, or experience in, migration procedure to assist another person by:

preparing, or helping to prepare, a representation to the Minister to exercise the Minister’s power:

under subsection 501C(4) to revoke a decision to refuse to grant, or to cancel, a visa (whether or not the decision relates to the other person); or

under subsection 501CA(4) to revoke a decision to cancel a visa (whether or not the decision relates to the other person); or

advising the other person about making a representation mentioned in paragraph (a).

Sections 501C and 501CA provide for the revocation of decisions to refuse or cancel visas on character grounds.

Despite subsections (1), (2), (2A) and (2B), a person does not give immigration assistance if he or she merely:

does clerical work to prepare (or help prepare) an application or other document; or

provides translation or interpretation services to help prepare an application or other document; or

advises another person that the other person must apply for a visa; or

passes on to another person information produced by a third person, without giving substantial comment on or explanation of the information.

A person also does not give immigration assistance in the circumstances prescribed by the regulations.