Immigration Advisers Licensing Act 2007

63 Offence to provide immigration advice unless licensed or exempt

• (1) A person commits an offence if the person—

  • (a) provides immigration advice without being licensed to do so under this Act or exempt from the requirement to be so licensed, knowing that he or she is required to be licensed or exempt; or

  • (b) provides immigration advice without being licensed to do so under this Act or exempt from the requirement to be so licensed.

  (2) For the purposes of subsection (1)(a), a person is deemed to know that he or she is required to be licensed or exempt if, at any time within the 12 months preceding the date of the alleged offence, that person had been informed of that fact in writing by the Registrar or a person appointed to the Authority.

  (3) It is a defence to a charge under subsection (1)(b) that the person to whom the charge relates—

  • (a) did not know that he or she was providing immigration advice and had exercised all reasonable care and due diligence to ensure he or she did not provide immigration advice; or

  • (b) did not know that he or she was not licensed to provide immigration advice and had exercised all reasonable care and due diligence to ensure that he or she did have a licence.

  (4) A person convicted of an offence under subsection (1)(a) is liable to—

  • (a) imprisonment for a term not exceeding 7 years or a fine not exceeding $100,000, or both; and

  • (b) any additional amount imposed by the court under section 71 or 72.

  (5) A person convicted of an offence under subsection (1)(b) is liable to—

  • (a) a fine not exceeding $100,000; and

  • (b) any additional amount imposed by the court under section 71 or 72.