News

 

Charging for a Migration Outcome Act approved

30November 2015

The Migration Amendment (Charging for a Migration Outcome) Act 2015 today received Royal Assent.  The Bill that was approved by the Federal Parliament is available here.  

As summarised in MIA Notice 83 on 10 September 2015 the legislation introduces a new criminal and civil penalty regime that will make it unlawful for a person to ask for, receive, offer or provide payment or other benefits in return for a range of sponsorship-related events.

The Bill also allows visa cancellation to be considered where the visa holder has engaged 'Payment for Visas' conduct. 

It will be a criminal offence for a sponsor or other third party to ask for or receive a benefit from a sponsorship related event and will be punishable by a maximum of 2 years imprisonment or a fine equivalent to $64,000 for an individual person or $324,000 for a body corporate.

Civil penalties applicable to the sponsor, visa applicant or other third party who received or provides or offers a benefit related to a sponsorship related offence will equate to $43,200 for an individual person or $216.000 for a body corporate.

A discretionary power to consider cancellation of visas where any person who engages in this conduct will also be introduced.

This legislation comes into effect today when it received Royal Assent. 

The MIA's Submission to the Parliamentary Legal and Constitutional Affairs Legislation Committee enquiry is available here