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Section 285 — Restriction on other advertising of immigration assistance

Migration Act 1958 s 285 Australia Compilation: 18 May 2026 Verified: 2026-05-23

Text of provision

(1) Subject to this section, a person must not directly or indirectly advertise that another person who is not a registered migration agent gives immigration assistance. Penalty: Imprisonment for 2 years.

(2) This section does not prohibit a person from advertising that another person who is a parliamentarian gives immigration assistance.

Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code). Restrictions on giving of immigration assistance and making of immigration

(3) This section does not prohibit a person from advertising that another person who is an Australian legal practitioner gives immigration assistance in connection with legal practice.

Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

(4) This section does not prohibit a person from advertising that another person who is an official gives immigration assistance in the course of the official acting as an official.

Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code). Migration Act 1958 55 Part 3 Migration agents and immigration assistance Division 3 Registration of migration agents

Plain English

Practical effect

Information only. Nothing on this page is immigration advice or legal advice. Only a registered migration agent (MARN) or Australian lawyer may give immigration advice.

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