Unregistered Agents do not Have Right to Receive Documents on Behalf of Clients

Unregistered migration agents who give migration advice will no longer have a right to receive documents on behalf of clients. S. 494D(1) of the Migration Act gives authorised persons the right to receive documents from DIAC. It states

(1)      If a person (the first person) gives the Minister written notice of the name and address of another person (the authorised recipient) authorised by the first person to do things on behalf of the first person that consist of, or include, receiving documents in connection with matters arising under this Act or the regulations, the Minister must give the authorised recipient, instead of the first person, any documents that the Minister would otherwise have given to the first person

But a new subsection is added to s. 494D as follows:

(5)        The Minister need not comply with subsection (1), or the requirement in subsection (4) to give a notice, if:

            (a)        the authorised recipient is not a registered migration agent (within the meaning of Part 3); and

            (b)        the Minister reasonably suspects that the authorised recipient is giving immigration assistance (within the meaning of that Part); and

            (c)        the Minister has given the first person a notice, by one of the methods specified in s. 494B, stating that he or she does not intend to give the authorised recipient documents as mentioned in subsection (1).

The effect of the above changes is that registered migration agents have a right to receive documents on behalf of clients, unregistered agents do not.

The above changes are made as part of the amendments made by the Migration Legislation Amendment Act (No 1) 2008,

assented to 15.9.08