Migration Act 1958

This section applies to the legal personal representative of a deceased person if the deceased person was an inactive migration agent at the time of death and the Migration Agents Registration Authority has reason to believe that:

before becoming an inactive migration agent and while the deceased person was a registered migration agent, the deceased person gave, or anticipated giving, immigration assistance to one or more clients; and

the legal personal representative has in his or her possession or control documents that:

are or were connected with the giving, or anticipated giving, of that immigration assistance to those clients; and

relate to the affairs of those clients.

The Migration Agents Registration Authority may, by written notice given to the legal personal representative, require the legal personal representative:

to make copies of any such documents and to produce those copies to the Authority within the specified period and in the specified manner; or

to produce to the Authority, within the specified period and in the specified manner, any such documents that are owned by those clients or that were provided to the registered migration agent by, or on behalf of, those clients.

An example of a document provided to a registered migration agent is a client’s passport.

A notice under subsection (2) must set out the effect of sections 306G and 306H.

A notice under subsection (2) need not identify any particular client or clients.

A period specified in a notice under subsection (2) must end at least 14 days after the notice was given.

Section 332H sets out when the legal personal representative is taken to have been given the notice.