Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 306AG

             (1)  If the Minister refers a registered migration agent to the Migration Agents Registration Authority under section 306AC, the Authority must:

                     (a)  caution the agent; or

                     (b)  suspend the agent's registration; or

                     (c)  cancel the agent's registration; or

                     (d)  decide not to discipline the agent if the Authority is satisfied that there are special circumstances that justify it making the decision.

Findings of fact

             (2)  In making its decision under subsection (1), the Authority must take the findings of fact made by the Minister in relation to the decision to refer the agent to be correct.

Matters Authority must take into account

             (3)  The Authority must take only the following matters into account in making its decision under subsection (1):

                     (a)  any written submission made to the Minister under subsection 306AE(1) by the agent;

                     (b)  the findings of fact made by the Minister in relation to the decision to refer the agent;

                     (c)  the grounds given by the Minister for the decision to refer the agent.

Natural justice hearing rule

             (4)  This section, section 306AE and sections 494A to 494D are taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to the decision the Authority is required to make under subsection (1) of this section.

Note:          Section 306AE requires the Minister to give the agent an opportunity to make a submission before the Minister refers the agent. Sections 494A to 494D relate to the giving of documents by the Minister under this Act.

Time of decision

             (5)  The Authority must make its decision under subsection (1) as soon as possible, but not later than 28 days, after receiving notice of the referral.

Note:          Section 494C sets out when the Authority is taken to have received notice of the referral.

Notice to agent

             (6)  The Authority must give the agent written notice of its decision. The notice must set out the reasons for the decision.

             (7)  The decision takes effect at the time the agent is given written notice of it.

Note:          Section 332H sets out when the agent is taken to have been given the notice.

Decision to take no disciplinary action

             (8)  If the Authority decides not to discipline the agent, the Authority must give the Minister written notice of its decision. The notice must set out the reasons for the decision. It must be given to the Minister on the same day that notice of the decision is given to the agent.