Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Schedule 6—Other amendments

Schedule 6 Other amendments

Part 1 Amendments

Migration Act 1958

1  After subsection 276(2A)

Insert:

          (2B)  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:

                     (a)  preparing, or helping to prepare, a representation to the Minister to exercise his or her power:

                              (i)  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

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

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

Note:          Sections 501C and 501CA relate to decisions to refuse or cancel visas on character grounds.

2  Subsection 276(3)

Omit “and (2A)”, substitute “, (2A) and (2B)”.

3  At the end of subsection 282(4)

Add:

               ; or (g)  on behalf of a person who has made (or is proposing to make) a representation to the Minister to exercise a power under subsection 501C(4) to refuse to grant, or to cancel, a visa (whether or not the decision relates to that person); or

                     (h)  on behalf of a person who has made (or is proposing to make) a representation to the Minister to exercise a power under subsection 501CA(4) to cancel a visa (whether or not the decision relates to that person).

4  Subsection 289(4)

Repeal the subsection.

Part 2 Application of amendments

5  Application of amendments made by Part 1

(1)       The amendments of sections 276 of the Migration Act 1958 made by Part 1 of this Schedule apply in relation to immigration assistance (within the meaning of Part 3 of that Act as amended) if that assistance is given on or after the commencement of this Schedule.

(2)       The amendment of section 282 of the Migration Act 1958 made by Part 1 of this Schedule applies in relation to making immigration representations (within the meaning of that section of that Act as amended) if those representations are made on or after the commencement of this Schedule.