The purpose of this Act is to promote and protect the interests of consumers receiving immigration advice, and to enhance the reputation of New Zealand as a migration destination, by providing for the regulation of persons who give immigration advice.

This Act binds the Crown.

In this Act, unless the context otherwise requires,—

No person may provide immigration advice unless that person—

In this Act, immigration advice—

To avoid doubt, a person is not considered to be providing immigration advice within the meaning of this Act if the person provides the advice in the course of acting under or pursuant to—

This Act applies in respect of immigration advice provided by a person outside New Zealand, as well as advice provided by a person within New Zealand, except as provided in this section.

Despite subsection (1), a person who is not ordinarily resident in New Zealand need not be licensed in respect of immigration advice provided by the person outside New Zealand before the date that is 3 years after the day on which this Act receives the Royal assent, and—

A person to whom subsection (2) applies may however apply for, and be granted, a licence at any time after the date that is 1 year after the day on which this Act receives the Royal assent, if the person chooses to apply.

Immigration applications or requests provided or prepared on behalf of a person (the applicant) by another person (the agent) must not be accepted unless the agent—

If an application or a request that must not be accepted is accepted automatically, in error, or for any other reason, the application must be refused.

The chief executive must, so far as practicable, ensure that immigration forms and information brochures prepared or provided by the Department contain advice about the effect of subsections (1) and (2).

If subsection (1) or (2) applies in a particular case, the chief executive must notify the applicant, in writing,—

A person may be licensed as an immigration adviser only if—

The following persons are exempt from the requirement to be licensed:

The Governor-General may, by Order in Council, make regulations—

Regulations under subsection (1)(a) may be made only on the recommendation of the Minister given in accordance with section 13.

Exemptions under subsection (1) must be classed as one of 2 categories:

An exemption under subsection (1)(a) may be subject to any terms and conditions specified in the regulations.

Subject to subsection (6), a person exempt under any of paragraphs (a), (b), (c), (d), (f), (g), (h), and (i) of section 11 or a category 1 exemptee may, despite being exempt, apply for a licence and, if the licence is granted, operate as a licensed immigration adviser.

A lawyer or a category 2 exemptee may neither apply for, nor hold, a licence.

A removal of the exemption provided for in section 11(h) by regulations made under subsection (1) may be in respect of all or any 1 or more classes of person to whom the exemption relates, and the removal or retention of the exemption may be subject to any terms and conditions specified in the regulations.

Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

The Minister must not make a recommendation under section 12(2) unless the Minister—

In assessing whether the criterion for exemption specified in section 12(3)(a)(ii) is met, the Minister must, in respect of the person or class of persons being considered for exemption, have regard (where appropriate) to such matters as—

The Registrar—

The Registrar must report to the Minister on the outcome of any review under this section.

After considering the report provided by the Registrar, the Minister may recommend to the Governor-General that the exemption in question be removed or amended.

The Governor-General may, by Order in Council made on the recommendation of the Minister under subsection (3), make regulations revoking or amending any exemption granted by regulations made under section 12(1)(a).

Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

A person is prohibited from being licensed if he or she—

A Minister of Immigration or an Associate Minister of Immigration in the New Zealand Government may not be licensed while holding that office and for the 12-month period after leaving that office.

An immigration officer or a refugee and protection officer (as defined in the Immigration Act 2009) may not be licensed while employed in that role.

The following persons must not be licensed unless the Registrar is satisfied that the nature of the relevant offence or matter is unlikely to adversely affect the person’s fitness to provide immigration advice:

In determining a person’s fitness to be licensed, the Registrar may take into account—

An application for licensing as an immigration adviser must—

The Registrar must grant a licence to an applicant if satisfied that—

When determining to grant a licence, the Registrar must determine whether the applicant is to be granted—

The Registrar may grant a full licence if satisfied that the applicant has overall competence in all areas of immigration advice.

The Registrar may grant a limited licence that authorises the applicant to provide immigration advice only in relation to specified matters, if satisfied that the applicant has competence only in relation to those matters.

The Registrar may grant a provisional licence that requires the applicant to work under the direct supervision of a fully licensed immigration adviser for 12 months or such other lesser period as may be specified by the Registrar, if satisfied that the applicant is a new entrant to the industry or that for any other reason supervision is required or appropriate.

The Registrar must notify the applicant in writing of the decision to grant a licence subject to the payment of any levy, and, if the decision is to grant a limited licence or a provisional licence, give reasons for that decision.

A notification under subsection (6) must also specify the amount of immigration adviser’s levy payable (if any) before the licence will be granted.

An applicant has the right to appeal, under section 81, the Registrar’s decision to grant a limited or a provisional licence (including the duration of a provisional licence), rather than a full licence.

The Registrar may satisfy himself or herself of an applicant’s competence by all or any of the following means:

If the Registrar determines not to grant a licence, he or she must notify the applicant in writing of the decision and the reasons for it within 10 working days after the decision is made.

An applicant has the right to appeal, under section 81, the Registrar’s decision to refuse to grant a licence.

A full or limited licence is effective for a period of 12 months commencing on the date it is granted.

A provisional licence is effective for the period or until the expiry date stated in it.

Subsections (1) and (2) apply unless the licence is—

The holder of a limited licence may at any time apply to the Registrar for the grant of a full licence.

The holder of a provisional licence may at any time apply to the Registrar for the grant of a full licence or a limited licence.

Sections 18 to 22 apply, with any necessary modifications, in relation to any such application as if it were an application for a licence under section 18.

If an application for an upgrade of a licence has been made but not determined before the date on which the licence would otherwise expire, the licence continues in force until the application is determined.

The grant of an upgrade of a licence takes effect from the date of expiry of the previous licence (as determined before the application of subsection (4)) or the date on which it is granted, whichever occurs first.

An application for renewal of a licence must be made to the Registrar on or before the date on which the licence expires.

Sections 18 to 22 apply, with any necessary modifications and subject to any provisions prescribed in regulations, to an application for renewal for a licence as if it were an application for a licence.

If an application for renewal of a licence has been made but not determined before the date on which the licence would otherwise expire, the licence continues in force until the application is determined.

The grant of a renewal of a licence takes effect from the date of expiry of the previous licence (as determined before the application of subsection (3)).

A licence—

Any licence holder or applicant for a licence must give written notice to the Registrar of any relevant change in circumstances as soon as practicable, but in any event not later than 10 working days after the change.

In this section, relevant change in circumstances—

The Registrar must cancel a licence if he or she is satisfied that—

A licence is cancelled if the Tribunal has determined to impose on the licensee the sanction of cancellation of the licence in accordance with section 51(1)(d).

The process for cancellation of a licence other than under section 27(1)(e) or by determination of the Tribunal under section 51 is as follows:

If the Registrar decides to cancel the licence,—

A licence is suspended if the Tribunal has determined—

A person whose licence has been suspended may not apply for a further licence during the period or duration of the suspension.

The cancellation of a licence other than under section 51 takes effect on the date specified by the Registrar in the notice given to the licensee under section 28(1)(d), which must be a date after the date of that notice.

The cancellation or suspension of a licence under section 51 as a result of disciplinary proceedings, or the suspension of a licence under section 53, takes effect on the date notified in the Tribunal’s decision communicated under section 51(2) or 53(2)(d).

The holder of a licence may at any time surrender that licence by written notice to the Registrar.

A surrender takes effect on the date given in the notice or, if no such date is given, on the day the notice is received by the Registrar.

Where a licence is surrendered, the Registrar may, as he or she thinks fit, refund all or part of any immigration adviser’s levy paid in respect of the licence.

As soon as possible after a licence is cancelled or suspended under section 27 or 51 or 53, or a licence is surrendered under section 31, the Registrar must record the cancellation, suspension, or surrender on the register.

If no application for the renewal of a licence is made on or before the date on which the licence would otherwise expire, the Registrar must record the expiry of the licence in the register as soon as practicable after that date.

The Immigration Advisers Authority is established as a body within the Department.

The Authority consists of—

The functions of the Authority are—

The Registrar is responsible to the chief executive for carrying out the functions of the Authority.

The Registrar must develop, make, and maintain competency standards to be met by licensed immigration advisers.

The competency standards must set out rules and criteria relating to—

Competency standards may differ according to whether a person holds or is seeking a full licence, a limited licence, or a provisional licence.

In developing competency standards, the Registrar must consult with—

The Registrar must not make competency standards unless the Minister—

Competency standards are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

The Registrar may at any time amend, revoke, or replace any competency standards in the manner provided for in this section, except that he or she need not carry out consultation on matters involving minor corrections or updating, or otherwise of a minor, technical nature.

The Registrar must develop, make, and maintain a code of conduct to be observed by licensed immigration advisers.

The code of conduct must address standards of professional and ethical conduct for licensed immigration advisers, including rules as to matters such as—

In developing a code of conduct, the Registrar must consult with—

The Registrar must not make a code of conduct unless the Minister—

A code of conduct is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

The Registrar may at any time amend, revoke, or replace any code of conduct in the manner provided for in this section, except that it need not carry out consultation on matters involving minor corrections or updating, or otherwise of a minor, technical nature.

The Registrar must make copies of the code of conduct and the competency standards available for inspection free of charge (whether electronically or otherwise), and for purchase at a reasonable cost, at the head office of the Authority and at such other places (including overseas places) as the Registrar determines.

This section establishes a body to be known as the Immigration Advisers Complaints and Disciplinary Tribunal.

The Tribunal consists of—

For the purposes of any matter within its jurisdiction, the Tribunal consists of 1 member of the Tribunal.

The functions of the Tribunal are—

The chair of the Tribunal is responsible for making such arrangements as are practicable to ensure that he or she and each member performs his or her functions—

The chair of the Tribunal may delegate any of the chair’s functions, duties, and powers to a member of the Tribunal who he or she is satisfied has the necessary capability, skills, and experience to perform or exercise those functions, duties, and powers.

A delegation—

A person to whom any functions, duties, or powers are delegated may perform or exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.

A person who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.

A person to whom any functions, duties, or powers are delegated must be paid remuneration and expenses (if any) determined in accordance with clause 4 of the Schedule for work undertaken in that capacity.

The Ministry of Justice must furnish such secretarial, recording, and clerical services as may be necessary to enable the Tribunal to discharge its functions.

The provisions of the Schedule have effect in relation to the Tribunal and its proceedings.

Any person may make a complaint to the Registrar concerning the provision of immigration advice by—

The grounds for complaint may be any 1 or more of the following in relation to the immigration adviser or former licensed immigration adviser complained of:

A complaint must—

On receiving a complaint concerning a licensed immigration adviser or former licensed immigration adviser, the Registrar may—

If the Registrar determines that the complaint should not be dealt with under subsection (1), the Registrar must refer the complaint to the Tribunal for determination.

The Registrar may refer a complaint to the Tribunal for a determination as to whether the licence of the immigration adviser concerned should be suspended under section 53.

If the complaint is to be referred to the Tribunal under subsection (2), the Registrar must—

If the Registrar makes a determination of any of the kinds referred to in subsection (1)(a) to (c), the Registrar must—

The Registrar may, of his or her own motion, make a complaint on one of the grounds set out in section 44(2) and prepare it for referral to the Tribunal.

The Registrar may refer such a complaint to the Tribunal for a determination as to whether the licence of the immigration adviser concerned should be suspended under section 53.

The complaint must be determined by the Tribunal in the same manner as any other complaint referred to it under section 45(2).

For the purpose of preparing a complaint for submission to the Tribunal, the Registrar or a person authorised by the Registrar may gather further information on the complaint, including by exercising the powers of inspection referred to in section 57.

Before referring a complaint to the Tribunal, the Registrar must—

The notice required by subsection (2)(a) must identify the complainant (if any), unless the Registrar considers that exceptional circumstances justify the withholding of the complainant’s identity.

After determining to refer a complaint to the Tribunal under section 45(2) or 46(1), the Registrar must, having gathered such further information in relation to the complaint as he or she thinks fit (if any), file the complaint or matter with the Tribunal.

Upon filing the complaint, the Registrar must—

The Tribunal may regulate its procedures as it thinks fit.

Subsection (1) is subject to this Act, any regulations made under this Act, and any practice notes issued under clause 12 of the Schedule.

Matters or complaints must be heard on the papers.

Despite subsection (3), the Tribunal may, if it thinks fit in its absolute discretion,—

After hearing a complaint, the Tribunal may—

The Tribunal may order that any part of any evidence given or the name of any witness not be published.

An order may be made subject to any conditions that the Tribunal considers appropriate.

The sanctions that the Tribunal may impose are—

The Tribunal must notify its decision to the complainant (if any) and the person complained about in writing, giving reasons for the decision.

A person subject to a sanction under this section has the right to appeal, under section 81, the Tribunal’s decision to impose the sanction.

If an immigration adviser fails to demonstrate, to the satisfaction of the Registrar, compliance with a requirement imposed under subsection (1)(b), the adviser’s licence is deemed to be cancelled at the end of the specified period.

Any payment ordered by the Tribunal under subsection (1)(f) or (g) may be recovered as a debt due to the Crown.

A person subject to an order under section 51(1)(e)(iii) may apply to the Tribunal for the order to be lifted or varied.

The Tribunal may—

The Tribunal must notify its decision to the person subject to the order.

The following orders for disciplinary sanctions made by the Tribunal under section 51 may be enforced in all respects as if they were an order of the District Court on the filing of a sealed copy in that court by—

The Tribunal may suspend a licence if—

The process for suspending a licence under this section is as follows:

If the Tribunal decides to suspend the licence, the Tribunal must—

A complainant may appeal to the Tribunal against a determination of the Registrar to reject or not pursue a complaint under section 45(1)(b) or (c) within 20 working days after the date of the notice given under section 45(5).

The appeal is by way of written notice to the Tribunal of the complainant’s intention to appeal, accompanied by—

After considering the appeal, the Tribunal may—

A decision on an appeal under this section is final.

A person may appeal to the Tribunal against a decision of the Registrar to cancel that person’s licence within 20 working days after the date of the notice given under section 28(1)(d).

The appeal is by way of written notice to the Tribunal of the person’s intention to appeal, accompanied by—

After considering the appeal, the Tribunal may—

A person may appeal to the District Court under section 81 against a decision of the Tribunal to reject an appeal under subsection (3)(a).

The powers in section 57 may be used for 1 or more of the following purposes:

Any person authorised by the Registrar may, for a purpose set out in section 56,—

If a requirement is made of a person under subsection (1)(c), the person must immediately comply with that requirement.

The provisions of subparts 1, 5, 6, 7, 9, and 10 of Part 4 of the Search and Surveillance Act 2012 apply.

No person is, on examination or inquiry under section 57, required to give to any question any answer tending to incriminate that person.

No person may, under section 57, enter or be in any dwellinghouse unless he or she either—

An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who, on an application made in the manner provided for an application for a search warrant in subpart 3 of Part 4 of that Act, is satisfied that there is reasonable ground for believing that a dwellinghouse—

may issue a warrant authorising the person named in it to enter that dwellinghouse or any part of that dwellinghouse that is, or is the only practicable means through which the person may enter, a place of a kind referred to in paragraph (a).

The provisions of subparts 1, 3, and 9 of Part 4 of the Search and Surveillance Act 2012 apply in respect of an entry warrant.

For the purposes of section 97 of the Search and Surveillance Act 2012, the Registrar is a person authorised to apply for a search warrant.

The Registrar may exercise the powers of a constable to apply for a search warrant under section 6 of the Search and Surveillance Act 2012 in relation to an offence under this Act.

The Registrar must not authorise a person to carry out an inspection unless satisfied that the person is suitably qualified or trained, or the person is a member of a class of persons who are suitably qualified or trained, to carry out an inspection.

A person authorised by the Registrar to carry out an inspection must, on entering any premises, and when requested at any subsequent time, produce—

An authorisation must be in writing and must contain—

A person commits an offence if the person—

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.

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

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

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

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.

A person commits an offence who holds out that any person (including the person himself or herself) who is not a licensed immigration adviser is a licensed immigration adviser, knowing that the person does not hold a licence.

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 being a licensed immigration adviser was not licensed 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 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.

A person commits an offence who, for the purposes of any application for a licence or for renewal of a licence under this Act,—

It is a defence to a charge under subsection (1)(b) that the person to whom the charge relates did not know that he or she was providing false or misleading information and had exercised all reasonable care and due diligence to ensure that the information provided was not false or misleading.

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

A person convicted of an offence under subsection (1)(b) is liable to a fine not exceeding $10,000.

A person commits an offence who—

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.

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

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

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

A person commits an offence who—

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.

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

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

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

A person commits an offence if the person, without reasonable excuse,—

A person convicted of an offence under subsection (1) is liable to a fine not exceeding $10,000.

A person commits an offence who, without reasonable excuse, fails to notify the Authority of any change of circumstances as required by section 26.

A person convicted of an offence under subsection (1) is liable to a fine not exceeding $10,000.

A person who breaches an order made under section 50A is liable on conviction to a fine not exceeding $3,000.

A person commits an offence who, after being summoned to attend to give evidence before the Tribunal or to produce to it any books, papers, documents, records, or things, without sufficient cause,—

A person commits an offence if the person—

A person who commits an offence against this section is liable on conviction to a fine not exceeding $1,000.

No person summoned to attend the inquiry may be convicted of an offence against subsection (1) unless at the time of the service of the summons, or at some other reasonable time before the date on which that person was required to attend, there was made to that person a payment or tender of the amount fixed in accordance with clause 7 of the Schedule.

A person commits an offence if the person—

A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $1,000.

The Tribunal may order the exclusion from a sitting of the Tribunal of any person whose behaviour, in the opinion of the Tribunal, constitutes an offence against subsection (1), whether or not the person is charged with the offence; and any officer of the Tribunal or a constable may take any steps that are reasonably necessary to enforce the exclusion.

In addition to any penalty imposed on a person convicted under any of sections 63, 67, and 68, the court may require payment of reparation to a victim in accordance with section 12 and Part 2 of the Sentencing Act 2002.

In addition to any penalty imposed on a person convicted under any of sections 63, 67, and 68, the court may, if satisfied that the offence occurred in the course of producing a commercial gain, order that person to pay an amount not exceeding the value of the commercial gain.

The value of any gain must be assessed by the court.

The standard of proof for the purposes of this section is the standard of proof that applies in civil proceedings.

A person may be charged with an offence under any of sections 63 to 70 whether or not the offence or any part of it occurred within New Zealand.

In proceedings for an offence under any of sections 63(1)(a), 64(1), 67(1)(a), and 68(1)(a), it is presumed, in the absence of evidence to the contrary, that the person alleged to be neither licensed nor exempt is not in fact exempt from the requirement to be licensed.

In proceedings for an offence under section 63(1)(b), 67(1)(b), or 68(1)(b), it is presumed, in the absence of proof to the contrary to the standard of the balance of probabilities, that the person alleged to be neither licensed nor exempt from the requirement to be licensed is not in fact exempt.

Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011,—

The following persons may not be employed or engaged to consider or decide applications for licences, or for renewals of licences, or to carry out inspections under this Act:

The Registrar must keep and maintain a register of licensed immigration advisers.

The purpose of the register is—

The register may be kept—

The register must contain all of the following information:

The register must also list the name and details of any person—

The register may also contain any other information that the Registrar considers relevant, taking into account the purposes of the register as set out in section 77(2).

Despite section 78, the Registrar may, on a request from a person referred to in paragraph (a) or (b) or on the Registrar’s own motion, prevent or restrict public access to any information that relates to—

For the purposes of subsection (1), the Registrar may prevent or restrict access subject to any terms and conditions that the Registrar thinks fit.

However, in the case of subsection (1)(b), the Registrar must ensure that those terms and conditions are consistent with the protection order or suppression provision or order.

This section does not limit the Official Information Act 1982.

The Registrar may at any time make any amendments to the register that are necessary to—

Despite section 78, the Registrar may remove information from the register that the Registrar considers is no longer required to be retained for the purposes of the register as set out in section 77(2).

A person may search the register for a purpose set out in section 77(2).

The Registrar must—

A person may appeal to the District Court against any of the following decisions:

An appeal under this section must be made by giving notice of appeal within—

At any time before the final determination of an appeal, the District Court may make an interim order allowing the appellant to engage in providing immigration advice.

An interim order may be subject to any conditions that the District Court thinks fit.

If the District Court refuses to make an interim order, the person who applied for the order may, within 1 month after the date of the refusal, appeal to the High Court against the decision.

If an interim order is made allowing the appellant to engage in providing immigration advice,—

If an interim order applies to a person who is appealing against a decision of the Registrar to refuse to license the person as an immigration adviser, the interim order must be treated as a licence of the type for which the person applied that was granted on the date of the interim order and that is subject to any conditions imposed by the court in the interim order.

To enable the Registrar to fulfil the duties imposed by this section, the Registrar of the court in which the interim order is made must send a copy of the order to the Registrar as soon as practicable.

A person to whom an interim order applies—

If a person to whom subsection (3)(b) applies fails to apply to renew their licence on or before the date on which it would otherwise expire, the interim order is deemed to be rescinded and the Registrar must record the expiry of the licence in the register in accordance with section 33.

In determining an appeal, the District Court may confirm, vary, or reverse the decision of the Registrar or the Tribunal.

The District Court’s decision in the determination of an appeal is final.

To avoid doubt, nothing in this section affects the right of any person—

If dissatisfied with a decision of the District Court as being erroneous in law, a party to an appeal under this Part may appeal to the High Court on a question of law only.

The appeal must be heard and determined in accordance with rules of court.

Part 6 of the Criminal Procedure Act 2011 applies to the appeal—

Subsection (3) overrides subsection (2).

The chair of the Tribunal must, in each year, furnish to the Minister of Justice and the Minister a report on the performance of the Tribunal’s functions under this Act in respect of the financial year ending in that year.

The report must include details of both the number of determinations and the nature of the determinations made by the Tribunal in the period to which the report relates.

The Minister of Justice must present a copy of the report to the House of Representatives as soon as practicable after it is furnished to that Minister.

The Registrar may, under clauses 2 and 3 of Schedule 6 of the Public Service Act 2020, delegate to any employee, in the same manner and to the same extent as if the Registrar were the chief executive, any of the Registrar’s functions, duties, and powers, except this power of delegation.

A certificate signed by the Registrar in relation to the matters referred to in subsection (2) is for all purposes sufficient evidence, in the absence of proof to the contrary, of those matters specified in the certificate.

The matters are—

The Governor-General may, by Order in Council, make regulations setting fees, or prescribing a method for determining fees, for licence applications, the granting and renewal of licences, and other associated matters.

Fees, or the method for determining fees, may differ for different classes of applicant or licensee, and may take account of whether or not the person concerned charges or proposes to charge for the provision of immigration advice.

The regulations may provide for the waiver of, or exemption from, fees, in whole or in part.

Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

For the purpose of funding the functions of the Authority under section 35(1) and the costs of operation and administration of the Tribunal (to the extent they are otherwise unfunded), the Governor-General may, by Order in Council, make regulations prescribing a levy, or a method or methods for determining levies, payable by licensed immigration advisers (or payable as a prerequisite for the granting or renewal of a licence).

Levies, or the method or methods for determining levies, may differ for different classes of licence holder, and may take account of whether or not the person concerned charges or proposes to charge for the provision of immigration advice.

Regulations imposing levies may—

Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

The chief executive of the department of State that has, with the authority of the Prime Minister, assumed responsibility for the administration of the Immigration Act 2009 may, in whole or in part, waive any fee payable on a further immigration application or request by a person whose earlier application or request has not been accepted because it contravened section 9.

The Registrar may disclose any personal information specified in subsection (10) to an overseas or international agency, body, or person whose functions include the regulation of immigration advisers.

The disclosure of personal information under subsection (1) must be—

The Registrar must not enter into an agreement under subsection (2)(a) unless satisfied that its purpose is to help the Authority carry out its functions under this Act, or to help the person, agency, or body carry out its functions relating to—

An agreement under subsection (2)(a)—

The Registrar—

The Privacy Commissioner must not require the Registrar to undertake a review of an agreement under subsection (5)(c) within 12 months of last doing so.

This section does not limit the general powers of the Registrar or the Authority to enter into agreements not related to the disclosure of personal information with any overseas agency, body, or person.

The Registrar may disclose personal information to an overseas agency, body, or person without a written agreement under subsection (2)(a) if—

The Registrar must not disclose any personal information under subsection (8) unless satisfied that it relates to—

The personal information that may be disclosed under this section is—

In this section,—

Any notice or any other document required to be served on, or given to, any person under this Act, or any regulation made under this Act, is sufficiently served if,—

A notice or document that is sent to a person at a fax number or an email address must be treated as received by that person not later than 2 days after the date on which it is sent.

A notice or document that is posted to a person must be treated as received by that person not later than 9 days after the date on which it is posted.

However, a notice or document must not be treated as received if the person to whom it is posted or sent proves that it was not received, otherwise than through fault on the person’s part.

The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Section 142(1)(j) of the Immigration Act 1987 is repealed.

Part 1 of Schedule 2 of the Privacy Act 1993 is amended by inserting the following item in its appropriate alphabetical order: