Immigration Advisers Licensing Act 2007

64 Offence of holding out as immigration adviser unless licensed or exempt


A person commits an offence who holds out that any person (including the person himself or herself) who is neither licensed under this Act to provide immigration advice, nor exempt from the requirement to be licensed to do so, provides immigration advice, knowing that the person is neither licensed nor exempt.


For the purposes of subsection (1), a person charged with an offence under this section is deemed to know that the person held out as providing immigration advice was neither licensed nor exempt if, at any time within the 12 months preceding the date of the alleged offence, the person charged had been informed of that fact in writing by the Registrar or a person appointed to the Authority.


A person does not commit an offence under subsection (1) by holding out that the person provides immigration advice if the person is a body corporate or other entity that is in the business of providing immigration advice through persons who are licensed or exempt from the requirement to be licensed.


A person convicted of an offence under subsection (1) is liable to imprisonment for a term not exceeding 2 years or a fine not exceeding $10,000, or both.