Immigration Advisers Licensing Act 2007

68 Offence of employing or contracting unlicensed or non-exempt person as immigration adviser
  • (1) A person commits an offence who—

    • (a) employs or contracts, or continues to employ or contract, as an immigration adviser any person who is neither licensed to be an immigration adviser nor exempt from the requirement to be licensed, knowing that the person is neither licensed nor exempt; or

    • (b) employs or contracts, or continues to employ or contract, as an immigration adviser any person who is neither licensed to be an immigration adviser 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 employed or contracted as an immigration adviser 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 subsection (1)(a) is liable to—

    • (a) imprisonment for a term not exceeding 2 years or a fine not exceeding $10,000, 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 $10,000; and

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