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Section 308 — Requiring registered migration agents to give information

Migration Act 1958 s 308 Australia Compilation: 18 May 2026 Verified: 2026-05-23

Text of provision

(1) The Migration Agents Registration Authority may require a registered migration agent:

(a) to make a statutory declaration in answer to questions in writing by the Authority; or

(b) to appear before an individual or individuals specified by the Authority and to answer questions; or

(c) to provide the Authority with specified documents or records relevant to the agent’s continued registration.

(2) If a registered migration agent appears before one individual to answer questions, that individual must record the questions and answers and give the record to the Authority.

(2A) If a registered migration agent appears before 2 or more individuals to answer questions, one of them must record the questions and answers and give the record to the Authority.

(3) A registered migration agent is not excused from giving information or providing a document on the ground that the information or provision of the document may tend to incriminate the person.

(4) However:

(a) any information or document provided in response to a requirement under subsection (1); and

(b) any information or thing (including any document) obtained as a direct or indirect result of information or a document provided in response to a requirement under subsection (1); is not admissible in evidence against the registered migration agent in any criminal proceedings (except proceedings for an offence Migration Act 1958 85 Part 3 Migration agents and immigration assistance Division 4 Investigations and decision-making by the Migration Agents Registration Authority against section 137.1 or 137.2 of the Criminal Code that relates to this Act or the regulations).

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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