Immigration Advisers Licensing Act 2007

67 Offence of asking for or receiving fee or reward for immigration advice when neither licensed nor exempt

• (1) A person commits an offence who—

  • (a) asks for or receives a fee or reward for the provision of immigration advice by a person who is neither licensed under this Act to provide immigration advice nor exempt from the requirement to be licensed, knowing that the person is neither licensed nor exempt; or

  • (b) asks for or receives a fee or reward for the provision of immigration advice by a person who is neither licensed under this Act to provide immigration advice nor exempt from the requirement to be licensed.

  (2) For the purposes of subsection (1)(a), a person charged with an offence under subsection (1)(a) is deemed to know that the person 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.

  (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 immigration advice was being provided and had exercised all reasonable care and due diligence to ensure that such advice was not provided; or

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

  (4) A person convicted of an offence under section (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.