Section 289 — Offence: charging fees as an unregistered agent
Text of provision
(1) The Migration Agents Registration Authority must register an applicant by entering his or her name in the Register, unless this Part prohibits registration of the applicant.
Note: If the Migration Agents Registration Authority is considering refusing a registration application, it must give the applicant a chance to make a further submission supporting the application. See sections 309 and 310.
(2) The Migration Agents Registration Authority must do so as soon as possible.
(3) However, if the applicant was required under section 288 to satisfy 1 of 2 publishing options: Migration Act 1958 61 Part 3 Migration agents and immigration assistance Division 3 Registration of migration agents
(a) the Authority must not register the applicant before the end of the time for objections that was specified in the notice concerned; and
(b) the Authority must consider any objection received within that time when deciding whether to register the applicant.
Plain English
Section 289 provides that a person commits an offence if they give immigration assistance for a fee without being registered as a migration agent (or otherwise exempt under s 280). The maximum penalty is 10 years' imprisonment. The offence is directed at unlicensed operators who exploit vulnerable migrants by providing inadequate immigration advice for a fee.
Practical effect
Unregistered agent offences under s 289 are prosecuted by the Commonwealth Director of Public Prosecutions. Enforcement is complaint-driven and relies heavily on reports from affected clients and MARA. The 10-year maximum reflects the serious harm that unregistered agents can cause — poor advice can result in visa refusals, removal from Australia, and financial loss. Clients who have been victimised by unregistered agents may be able to seek compensation through the agents' professional indemnity fund (where they were previously registered) or through civil litigation.