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Australian Government

Office of the Migration Agents


Registration Authority

Last Modified: 08 January 2010

To: Applicant for Registration


Thank you for downloading this material from our web site. This application package is for
individuals who have:

1. never been registered as a migration agent; or


2. not been registered in the last 12 months.

Please read the material carefully.

This package consists of the following elements:


1 This 5 page letter addressed to: ‘Applicant for Registration’
2 11 pages form M01
3 1 page titled ‘OMARA 0101 Notifiable Events’
4 1 page titled ‘OMARA 0103 Applicants who are NOT Australian Citizens’
5 1 page titled ‘OMARA 0104 Disclosure of Bankruptcy in Applications’
6 1 page titled ‘OMARA 0105 Disclosure of Findings of Guilt’
7 2 pages titled ‘OMARA 0106 Requirement to Demonstrate English Language Proficiency
8 2 pages titled ‘OMARA 0107 Prescribed Qualification/Exam/Course’
9 1 page titled ‘OMARA 0001 Photograph Specifications’
10 2 pages titled ‘OMARA 0109 Professional Library’
11 4 pages titled ‘OMARA 0110 Privacy and Disclosing Information’
12 4 pages titled ‘OMARA 0111 Statuary Declaration Signatory List’
13 3 pages titled ‘OMARA 0300 A Quick Guide to Business Structure’
14 2 pages titled ‘OMARA 0112 Australian Federal Police Criminal History Name Check’
15 1 page titled ‘OMARA 0400 Professional Indemnity Insurance’.

FURTHER INFORMATION

If you want further information about applying for registration you can call Office of the Migration
Agents Registration Authority (“the Office”) on 1300 226 272 or +61 2 9078 3552.

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M01 – 01/2010v2
WHO NEEDS TO REGISTER

Anyone who uses, or purports to use, knowledge of, or experience in migration procedures to provide
advice or assistance to a person wishing to obtain a visa needs to become registered as a migration
agent (see ss.276 and 282 of the Migration Act 1958).

Anyone who makes representations or otherwise communicates with the Department of Immigration
and Citizenship (‘DIAC’) for a fee or other reward needs to register as a migration agent (see s.277
of the Migration Act 1958).

If you are not a member of the public service and you give immigration assistance as an employee
or voluntary worker for another person or organisation or if the immigration assistance is given in the
course of or in association with the conduct of a profession or business you must be registered (see
section 280 of the Migration Act 1958 for further details).

BEFORE APPLYING

Before making an application to become a registered agent you should obtain the following legislation
and read it:

1. Migration Act 1958 (particularly Part 3 of the Act)


2. Migration Agents Regulations 1998
3. Migration Agents Registration Application Charge Act 1997
4. Migration Agents Registration Application Charge Regulations 1998.

It is also recommended that you:


• discuss your business plan with your accountant
• talk to your financial adviser about additional financial requirements

APPLICATION

If you decide to apply to become a registered migration agent you have to:

1. Prove that you have a prescribed qualification OR have completed the prescribed course
and prescribed examination (Please refer to Information Sheet OMARA 0107).
2. Provide an Australian Federal Police Criminal History Check for all names you have been
known by.
3. Complete the M01 form contained in this registration package. You must send all eleven
pages with ‘M01’ on the bottom right side of the page. Section 288(3) of the Act requires
the application to be in a form approved in writing by the Office, and contain such
information as required by the form. Failure to complete and send all eleven pages will result
in delays in the processing of your application.
4. Provide all of the documentation required as a result of your answers to the questions
on the M01 form see page 10 of the form for a checklist of attachments (including
photographs).

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M01 – 01/2010v2
5. Provide a cheque/ or BPAY® receipt number for the application fee. NB cheques (bank or other)
and money orders must be in Australian dollars and payable on an Australian bank or a bank
with representation in Australia. ANY money that you send in relation to your application is
NOT REFUNDABLE under any circumstances. The fee is for the making of the application. If
your application is successful you are registered for 12 months from the date the application is
approved.
6. Send your application to PO Box Q1551, QVB NSW 1230.

APPLICATION FEE

You will be issued a tax invoice/receipt, issued by the Office.

A fee for an application for registration is payable by individuals on the making of an application. The
fees for an application for registration are specified in the Migration Agents Registration Application
Charge Regulations 1998 (as amended).
The application fees are:

$1,760 for individuals seeking registration on a commercial or for profit basis, or as


a member of, or a person associated with, an organisation that operates on a
commercial or for profit basis.

$160 for individuals seeking registration on a non-commercial or not for profit


basis, and as a member of, or a person associated with, an organisation that
operates in Australia solely on a non-commercial or not for profit basis.

If you register as a non-commercial or not-for-profit migration agent, you will be liable to pay an
additional charge if you change to a commercial or for profit migration agent during your registration
year. The charge will be calculated in accordance with the Migration Agents Registration Application
Charge Amendment Act 2004. NB: Changing status in these circumstances is a notifiable event. You
must notify the Office in writing of this within 14 days of it occurring - see s.312(1)(ea) of the Act.

The fee for the making of an application for registration may be paid electronically using BPAY® OR
else by cheque or money order made payable to the Office of the Migration Agents Registration
Authority. Cheques (bank or other) and money orders must be in Australian dollars and drawn on
a bank with representation in Australia.

THIS APPLICATION FEE IS NOT REFUNDABLE.

®
Registered to BPay Pty Ltd ACN 079 137 518

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M01 – 01/2010v2
Please include your ABN with your registration application so that we can include this information
on your tax invoice/receipt. A second tax invoice/receipt will NOT be issued. A tax invoice/receipt
will be sent within one week of receipt of your application.

EMAIL ADDRESS

The Office is required to publish your email address on the Register of Migration Agents.
In addition, the Office will use your email address to advise receipt of your application, and
other administrative issues relating to your registration. DIAC will use your email address to
communicate with you for the purposes of urgent notifications, and visa applications.

If you choose to disclose your email address it will appear as part of your entry on the Register of
Migration Agents and will also be supplied to DIAC.

If you do not want your email address to appear on the Register of Migration Agents please do not
provide one with your application. However, as a consequence you will not receive electronic
communications from the Office. In addition, you will not be notified by email whether your
application has been approved.

APPROVAL

The standard processing time for an application is eight weeks from receipt of a complete
application.

We cannot consider your application until the prescribed notice period has passed (see s289(3)).
The prescribed notice is the publication of your name on the ‘Notice of Intended Applicants’ page
of our web site. The prescribed notice period is at least 30 days from the date of publication.
Your name will be published on our website once we have commenced processing your
application. We use the information contained in your application form to publish this notice. There
is no cost associated with this publication. Your notice of intention will remain on the web site until
a decision has been made on your application.

If you do not provide all of the information required or provide only the minimal amount of
information, you may experience lengthy delays in the finalisation of your application as the Office
investigates all matters fully.

If your application is approved, the Office:

1. Notifies you by email (if an email address is provided) that your application has
been approved.

2. Publishes your registration details on the web site at www.mara.gov.au under Register of
Migration Agents.

3. Within two weeks after registration, the Office will send you a certificate evidencing your
registration, a copy of the Code of Conduct and other important information including
requirements for continuing professional Development. Please note: The Code of Conduct
may be downloaded from our website at www.mara.gov.au.

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M01 – 01/2010v2
The most efficient way for you to find out if your application has been approved is to ensure that you
have provided an email address on your application. This is because an email is sent to the email
address you provide indicating that your application has been approved (PLEASE NOTE: Hotmail
email addresses may experience difficulty receiving emails from the Office).

The Office cannot guarantee that you receive this email so it is always advisable to inspect the Register
of Migration Agents at www.mara.gov.au to see whether you are registered if you have not heard from
us within eight weeks from the date of the tax invoice sent to you.

SENDING YOUR APPLICATION

The completed Registration Application form, with attachments and either BPAY® receipt number, or
cheque or money order for your appropriate application fee, should be posted by registered mail to:

Office of the Migration Agents Registration Authority


PO Box Q1551
QVB NSW 1230
Australia

*We recommend that you keep a copy of your completed M01 form and all attachments,
for your records.

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M01 – 01/2010v1
Form M01
Australian Government
Office of the Migration Agents
Registration Authority

Application for Registration

About the information you give

The information you give in this form is required by the Office of the Migration Agents
Registration Authority (the Office) to carry out its functions under the Migration Act 1958 (the
Act). The information provided will be passed to agencies who are authorised to receive it.
In accordance with section 290 of the Act, you can not be registered as a Migration Agent if
the Office is satisfied that you are not fit and proper or not a person of integrity. The Office
must carry out checks to establish the facts surrounding this requirement. As a result your
personal details (such as your name, address and date of birth) may be given to a contracted
information broker to examine information held on the Australian Securities and Investment
Commission’s public register relating to bankruptcy or corporate involvement. Documents
provided by you to support an application to be a migration agent can be referred to the issuing
authority (either overseas or in Australia) for authentication.

Attachments:

Wherever your answer to a question has this symbol next to it, you will need to attach
additional information to your application. The required information is shown in the checklist
on page 10. You may want to remove this page and tick the required attachments as you
complete the form. Before you send your application please check that you have included
all your required attachments.

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Form M01
Australian Government
Office of the Migration Agents
Registration Authority
Application for Registration
1 Your name (to appear on the Register of Migration Agents) 3 Date of birth (day / month / year)
Mr Mrs Ms Other

Family name(s) 4 Country of birth

All given names 5 What country or countries are you a citizen of?
If more space is required, attach details.

2 This question relates to your name at ANY TIME IN YOUR


LIFE and in ANY COUNTRY.
• Have you ever been known by, or used, any other name?
• Have any documents referring to you ever used a different
name to that given in Question 1? 6 Are you a permanent resident of Australia?
These could include, but are not limited to: aliases, No
maiden (family) name, different name(s) at birth,
name(s) from previous marriage(s). Yes Go to 8
No Go toGonext
to next question
question

Yes Give details below. If more than 2 other names,


7 Are you a New Zealand citizen with a Special Category Visa?
No If you answered “No” to questions 6 and 7, and
attach details.
you are not an Australian Citizen, please refer to
You must include ALL these names and ALL COMBINATIONS
Information Sheet OMARA 0103.
of these names in your AFP check.
Yes
Family name(s)
8 Your residential address
We may need this for the service of documents pursuant to
All given names Division 3A and 4A of Part 3 of the Migration Act 1958.
Street address (NOT A PO BOX)

Reason for change Suburb / town


Marriage Other Explain reason below

................................................................. State Postcode Country


.................................................................
................................................................. Telephone Facsimile
.................................................................
Mobile phone
Family name(s)

All given names


9 Email address for display on the Register of Migration Agents

Please take note of how the Office and DIAC will use the address to
communicate with you. Further information is available on page 4 of the
Cover letter for the application package.
Reason for change
Marriage Other Explain reason below

...............................................................
...............................................................
...............................................................

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10 You must answer ALL of questions 10 to 15 11i) Do you propose to give immigration assistance as a director,
If you need a quick guide to different types of business structure please executive officer, employee or voluntary worker of an
refer to Information Sheet OMARA 0300. association or incorporated association?

i) Do you propose to give immigration assistance as a member, No Go to next question


employee, consultant or independent contractor of a partnership?
Yes Give the following details of the association’s
No Go to next question business.
If more than one association, please use a photocopy of this
Yes Give the following details of the partnership’s page.
business.
If more than one partnership, please use a photocopy of Registered name of the association
this page.
Registered name of the partnership

Street address (NOT A PO BOX)

Street address (NOT A PO BOX)


Suburb / town

Suburb / town
State Postcode Country

State Postcode Country


Telephone Facsimile

Telephone Facsimile
ABN

ABN
Web address

Web address

ii) Relationship to association:


ii) Relationship to partnership:
director
partner
executive officer
employee
employee
consultant
voluntary worker
independent contractor

voluntary worker

iii) Are there any individuals who hold a charge (whether


fixed or floating), mortgage and/or other security over
some or all of the assets of the business?

No Go to next question

Yes You will need to include these


individuals when answering questions 42 to 48.

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12 i) Do you propose to give immigration assistance as a director,
13 i) Do you propose to give immigration assistance as an employee,
executive officer, employee, consultant, independent contractor
consultant or independent contractor of another individual (not a
or voluntary worker of a corporation, Solicitor’s Corporation or
company, association or partnership)?
Incorporated Legal Practice?
No Go to next question
No Go to next question
Yes Give the following details of your employer’s
Yes Give the following details of the corporation’s
business.
business.
If more than one business in this category, please use a photocopy
If more than one corporation in this category, please use
of this page.
a photocopy of this page.
The name under which the employer’s business will operate
Business name This could be the individual’s own name if the name is not registered.

Street address where your business will operate (NOT A PO BOX) Street address from where your employer will operate (NOT A PO BOX)

Suburb / town Suburb / town

State Postcode Country State Postcode Country

Telephone Facsimile
Telephone Facsimile

ABN ABN

Web address Web address

ii) Relationship to corporation:


ii) Relationship to business:
director
employee
executive officer
Consultant
employee
Independent contractor
voluntary worker
voluntary worker
consultant
iii) Are there any individuals who hold a charge (whether fixed or floating),
independent contractor mortgage and/or other security over some or all of the assets of
the business?

iii Are there any individuals who hold a charge (whether fixed or floating), No Go to next question
mortgage and/or other security over some or all of the assets of the
business? Yes You will need to include these individuals when
answering questions 42 to 48.
No Go to next question

Yes You will need to include these individuals when


answering questions 42 to 48.

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14 i) Do you propose to give immigration assistance as a non-
15 Do you intend to give immigration assistance as an employee of a
government department or agency (Commonwealth, State, Territory
incorporated sole trader?
or local government)?
No Go to next question
No Go to question 16
Yes Give the following details of your migration
agent’s business Yes Give the details of your employer
If more than one business in this category, please use a photocopy
of this page. If more than one business in this category, please use a
photocopy of this page.
The name under which your business will operate
This could be your own name if not a registered business name. Name of government department or agency

Street address from where your business will operate (NOT A PO BOX) Street address from where your business will operate (NOT A PO BOX)

Suburb / town Suburb / town

State Postcode Country


State Postcode Country

Telephone Facsimile Telephone Facsimile

ABN
ABN

Web address
Web address

16 Of the businesses named in questions 10 to 15, which ONE


do you want listed on the Register of Migration Agents as your
ii) Relationship to sole trader business:
main business?
Tick the box for the question number applicable.
sole trader/owner with no employees
10 11 12 13 14 15
sole trader/owner with employees
17 Are you employed by a government department or agency
(Commonwealth, State, Territory or local government) other than the
department or agency declared at question 15?
iii) Do you employ or work with consultants or independent contractors? No

No Yes

Yes You will need to include these individuals when 18 Are you an individual who intends to act on a commercial or for
answering questions 42 to 48. profit basis, or as a member of or a person associated with, an
organisation that operates on a commercial or for-profit basis?
iv) Are there any individuals who hold a charge (whether fixed or floating), No
mortgage and/or other security over some or all of the assets of the
Yes
business?

No 19 Do you intend to collect money from clients in advance of work being


completed or for disbursements?
Yes You will need to include these individuals No
when answering questions 42 to 48. Yes

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20 Are you an individual who intends to act on a non-commercial or 26 Have you satisfied the requirements for the award of the Graduate
non-profit basis, and as a member of or a person associated with, an Certificate in Australian Migration Law and Practice from the Australian
organisation that operates in Australia solely on a non-commercial or National University, Griffith University, Murdoch University or Victoria
non-profit basis? University and completed the common assessment items relating to
registration in the previous 12 months?
No
No If you answered “No” to questions 23, 24
Yes and 26 you do not qualify for registration
as a migration agent. Please do not apply
21 Do you intend to give immigration assistance for which a fee is to be for registration as there can be no refund of
charged? your application fee.

No
Yes Date of completion --------/--------/-----------------
Yes

27 Have you achieved an overall score of at least 7 in an Academic


22 Did you answer “Yes” to either question 18 OR 21? IELTS test, with a minimum score of 6.5 in each subtest of reading,
No Give the postal address below for the non-commercial writing, listening and speaking, that was taken in the two year period
or non-profit organisation in Australia for whom you will immediately before lodging your application for registration?
give immigration assistance. The address must match the Office of the
No
MARA’s records for this organisation.
Yes Give the postal address below to which notices are Yes Go to 32 Date of test ____/____/_______
to be sent. Test Certificate/candidate number ___________________________
If this address is not in Australia, your attention is drawn to point
4 of the Statutory Declaration on page 11 of this form. 28 Have you achieved an overall score of at least 100 in an Internet
Postal address Based TOEFL ( iBT) test with a minimum score of 22 in each subtest of
reading, writing, listening and speaking, that was taken in the two year
period immediately before lodging your application for registration?
No
Suburb / town
Yes Go to 32 Date of test ____/____/_______
Test Certificate/candidate number __________________________
State Postcode Country
29 Have you successfully completed both
(i) matriculation level schooling with a pass in English (not English as a
second language) where English was the language of instruction at
the school;
23 Do you hold a current practising certificate as a Solicitor, Barrister, and
Barrister and Solicitor or Australian Legal Practitioner? (ii) a Bachelor degree or higher degree, with a minimum of three years
equivalent full-time study, where:
Yes Attach copy of practising certificate. • the degree was awarded by an Australian, New Zealand, UK or
Canadian University; and
No Go to 26
• the study was undertaken while you were residing in the country
where the degree was awarded; and
• English was the language of instruction at the university.
24 Will your practising certificate be valid for 28 days after you
No
have signed this application?
Yes Go toYes
32 Yes Go to 32

No Have you applied for your practising


certificate to be renewed?
30 Have you successfully completed both
(i) matriculation level schooling with a pass in English (not English as a
second language) where English was the language of instruction at
Yes You will need to send the new the school;
practising certificate before your and
application can be approved. (ii) a Bachelor degree or higher degree, with a minimum of three years
equivalent full-time study, where:
No Go to 26 • the degree was awarded by a university in a country where
English is the predominant business and community language;
25 Did you answer “Yes” to question 23? and
• the study was undertaken while you were residing in the country
No Go to 26
where the degree was awarded; and
Yes Go to 32 • English was the language of instruction at the University.
No
Yes These applications will be considered on
a case by case basis.

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31 Do you have evidence, other than the above, that demonstrates you 37 To the best of your knowledge and belief, is any disciplinary action
currently have an English language proficiency equivalent to an IELTS being taken, or has been taken against you that has not previously
score of at least 7 in the Academic module or a TOEFL score of 100? been declared to the former Migration Agents Registration Authority
(the MARA) or the Office?
No No
Yes These applications will be considered on a
case by case basis. Please give details below. Yes

---------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------- 38 To the best of your knowledge and belief, have you ever been or are
--------------------------------------------------------------------------------------------- you now the subject of a complaint investigated by the former MARA
--------------------------------------------------------------------------------------------- or the Office ?
--------------------------------------------------------------------------------------------- No
---------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------ Yes
If you answered “No” to ALL of questions 23 to 31, you do not
qualify for registration as a migration agent. Please do not
apply for registration as there can be no refund of your 39 To the best of your knowledge and belief, have you ever been or are
application fee you now the subject of an investigation by an educational institution on
the grounds of academic misconduct?
32 Have you ever been declared bankrupt? No
No
Yes
Yes

40 Do you ONLY intend to give immigration assistance as a Sole Trader?


33 Have you been a director or executive officer of a corporation which
became insolvent whilst you were a director or executive officer? No Go to 41
No Yes Will you have any employees?
No Go to 49
Yes
Yes Go to next question

34 Has there ever been a finding of guilt against you for a criminal offence 41 Before answering questions 42 to 48, you should read sections
(except a conviction that is spent under Part VIIC Crimes Act 1914 278 and 290 of the Migration Act 1958.
(Cth))? These questions relate to individuals who are ‘related by employment’
No to you.
‘Related by employment’ includes ALL employees, employers,
Yes
consultants, independent contractors, partners, directors and
executive officers, individuals who hold 25% or more shares issued
by a corporation, individuals who hold a charge (whether fixed or
35 Are you the subject of any criminal proceedings? floating) or a mortgage or any other form of security over some or
No all of the assets of the business.
You will need to get information from these people to answer
Yes
questions 42 to 48.
Please refer to Information Sheet OMARA 0110.
36 To the best of your knowledge and belief, have you been, or are Did you ask individuals who are related by employment to you about the
you currently, the subject of an inquiry or investigation, including matters in questions 42 to 48?
those by:
No You will need to attach a statement as to why you
• a department or agency of the Commonwealth; or
did not ask the persons about the matters in these
• a department or agency of a State or Territory of Australia; or
questions.
• a professional association; or
• a corporate regulatory agency; or Yes
• a consumer protection organisation?
No
42 If ANY individual who is related by employment to you does not wish
Yes to disclose the answers to these questions to you, they may write
directly to Office of the Migration Agents Registration Authority
with their answers.
Is ANY individual who is related by employment to you making a written
submission?
No
Yes Please refer to Information Sheet OMARA 0110.

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43 To the best of your knowledge and belief, are you aware of any 50 Have you been registered as a migration agent in Australia at any time
bankruptcy (present or past) of ANY individuals who are related by in the previous twelve months?
employment to you? No
No Yes Your application cannot be accepted on this
form. Please complete form M9901 or M9903
Yes
if you are currently registered or M9902 if you
have been registered at some time in the
44 To the best of your knowledge and belief, are you aware of any finding last 12 months.
of guilt against (present or past) of ANY indviduals who are related by
employment to you for a criminal offence (except a conviction that is 51 Have you ever applied for registration as a migration agent under
spent under Part VIIC Crimes Act 1914 (Cth))? Australian law?
No No
Yes Date(s) of previous application (s)
Yes

45 To the best of your knowledge and belief, are you aware of ANY Migration Agent Registration number(s) or reference number(s)
individuals who are related by employment to you that are currently or
have previously been the subject of an investigation or an inquiry by
a professional association, corporate regulatory agency or consumer 52 Have you ever given immigration assistance in Australia while not
organisation? registered?
No No

Yes Yes

46 To the best of your and knowledge and belief, are you aware of ANY
53 Have you made immigration representations for a fee or reward in
Australia while not registered?
individuals who are related by employment to you, that are currently or
have previously been the subject of an complaint investigated by the No
Migration Agents Registration Board, the former MARA or the Office?
Yes
No

Yes 54 Have you advertised yourself as giving immigration assistance in


Australia while not registered?
47 To the best of your knowledge and belief, are you aware of ANY No
individuals who are related by employment to you, that are currently or
have previously been the subject of an investigation by a department Yes
or agency of the Commonwealth or a State or Territory of Australia?
55 Have you read and understood Part 3 of the Migration Act 1958 and the
Go to 52 No Migration Agents Regulations 1998 containing Schedule 2, the Code
of Conduct, and Schedule 1 which details Continuing Professional
Yes
Development requirements?
No You must read and understand these documents
48 To the best of your knowledge and belief, is any disciplinary action before you make your application.
being taken, or has been taken against ANY individuals who are related
Yes
by employment to you, that has not previously been declared to the
former MARA or the Office?
No 56 Will you maintain a professional library as defined in clause 2.5 of the
Code of Conduct from the date of registration?
Yes
No You are required by law to maintain a professional
library. See Information Sheet OMARA 0109 for
49 Have you obtained the results of your Australian Federal Police National details of the content of a professional library.
Name Check for all names you have been known by or used as Yes
stated in Question 2?
No This is required. Please refer to
Information Sheet OMARA 0112. 57 Do you understand and will you comply upon registration with the
requirement of keeping separate accounts with a financial institution for
Yes your ‘operating account’ and an account for clients’ money containing
the words ‘clients’ account’ in the name of the account as defined in
Part 7 of Schedule 2 of the Migration Agents Regulations 1998?
No You are required to maintain a separate clients’
account with a financial institution in accordance
with 7.1 of the Code of Conduct.
Yes

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58 Do you have professional indemnity insurance of a kind prescribed by
61 Please indicate your method of payment for the (non-refundable) ap-
the Regulations? See Information Sheet OMARA 0400.
plication fee.
No You do not qualify for registration. Please DO NOT
apply for registration as there can be no refund cheque
of your application fee.
money order
Yes

59 You are required to attach two passport-sized photographs of yourself BPAY®


taken within the last 12 months, as specified in Information Sheet
Please include a copy of your BPAY receipt in order for your payment
OMARA 0001. A copy of the photograph will be printed on your
to be matched with your application.
certificate of registration.
Do you wish to have your photograph also displayed on the Office’s NB: Cheques (bank or other) and money orders must be in Australian
dollars and drawn on a bank with representation in Australia.
web page of the Register of Migration Agents?
No

Yes

60 The Office has implemented password protected access to controlled


areas on its web site for registered migration agents. Please specify
a six to twelve character password (It must be at least six characters,
include at least one uppercase letter, one lowercase letter and one
number and contain no spaces).
Go to next page

Password. ®
Registered to BPAY Pty Ltd ACN 079 137 518

Before you send us your registration application, you will need to attach all required documents.
Use the following checklist to ensure that ALL relevant documents are attached before signing the Statutory
Declaration and submitting it to the Office.

CERTIFIED COPIES

In some cases you are required to attach a CERTIFIED copy of a document. This is a copy of the document with a
certification of its authenticity signed by a person before whom a Statutory Declaration can be made. We suggest that
you have such copies certified at the same time as you make the statutory declaration at the end of this form.
Question numbers on checklist on page 10 of 11 refer to your answers to the questions in the form.

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CHECKLIST
Q2. If Yes; CERTIFIED evidence of use of other names or change of Q34. If Yes; the documents listed in Information Sheet OMARA 0105.
name where those names have been official.
Q35. If Yes; the documents listed in Information Sheet OMARA 0105.
Q5. You are required to provide CERTIFIED evidence of the Country
or Countries of which you are a Citizen. This evidence may be in the Q36. If Yes; attach the following information: description of the matter
form of a citizenship certificate, bio-data page of passport or a birth investigated, dates, name of investigative body, results of investigation,
certificate. letter or other written evidence.

Q6-7. If Yes; the documents listed in Information Sheet OMARA 0103. Q37. If Yes; attach the following information: description of the matter,
dates, names of professional association, disciplinary action being
Q10. If Yes; a list of the names of the partners on the partnership’s considered or taken, letter or other written evidence.
letterhead and a CERTIFIED copy of the current Business Name
Registration for the partnership. Q38. If Yes; attach the following information: description of the matter
investigated, dates, results of investigation, letter or other written
Q11. If Yes; a CERTIFIED copy of the current business name registration evidence.
for the association and/or certificate of incorporation as an association.
Q39. If Yes; attach the following information: name of educational
Q12. If Yes and organisation is a Corporation or Incorporated Legal institution, description of the matter investigated, dates, results of
Practice; a current Australian Securities and Investments Commission investigation, letter or other written evidence.
(ASIC) search showing names of directors and shareholders, and any
charges (either fixed or floating) over some or all of the assets of the Q41. If No; attach statement.
corporation. This must be an ASIC “Current and Historical Company Q43. If Yes; attach the following information: name of individual, position
Extract”, not a certificate of registration or your annual return. within the organisation, brief details about the matter.
If Yes, and organisation is a Solicitor’s Corporation; a CERTIFIED copy
of the Certificate of Registration and a statutory declaration declaring Q44. If Yes; attach the following information: name of individual, position
that the organisation is a Solicitor’s Corporation. within the organisation, brief details about the matter.

Q13. If Yes; AND business name is registered; a CERTIFIED copy of Q45. If Yes; attach the following information: name of individual, position
the current business name registration for EACH business name used. within the organisation, brief details about the matter.

Q14. If Yes; AND business name is registered; a CERTIFIED copy of Q46. If Yes; attach the following information: name of individual, position
the current business name registration for EACH business name used. within the organisation, brief details about the matter.
Q17. If Yes; please provide written confirmation from your employer confirming
Q47. If Yes; attach the following information: name of individual, position
they are aware you are applying and there is no conflict of interest.
within the organisation, brief details about the matter.
Q20. If Yes; AND you are a non-commercial or non-profit agent; details of
your role and responsibilities signed by an authorised officer of the non- Q48. If yes; attach the following information: name of individual, position
commercial or non-profit organisation on the organisation’s letterhead. within the organisation, brief details about the matter.

Q23. If Yes; a CERTIFIED copy of your practising certificate. Q49. If Yes; attach the ORIGINAL copy of your Australian Federal Police
National Name Check. See information sheet OMARA 0112 for details.
Q24. If Yes; a statutory declaration stating that you have applied for
renewal of your practising certificate.
Q52. If Yes; attach a statement giving details of any immigration
Q26. Letter of Completion acknowledging that you have satisfied the assistance given while not registered.
requirements for the award of the Graduate Certificate in Australian
Migration Law and Practice and have achieved a minimum of 50% score Q53. If Yes; attach a statement giving details of any representations
on the common assessment items relating to registration. given for a fee or reward while not registered.

Q27. If Yes; attach a CERTIFIED copy of your IELTS test results. Q54. If Yes; attach a statement giving details of any advertising for
immigration assistance while not registered.
Q28. If Yes; attach a CERTIFIED copy of your TOEFL test score
results. Q58. If Yes; attach a copy of the policy schedule. See Information sheet
OMARA 0400.
Q29. If Yes; CERTIFIED copies of evidence as specified in Information
Sheet 0106 English Language.
Q59. TWO passport-sized photographs. On the back of ONE of the
Q30. If Yes; CERTIFIED copies of evidence as specified in Information photos a person authorised to witness a statutory declaration must write
Sheet 0106 English Language. the following statement: “This is a true photograph of’ ‘insert your full
name’.” And then, place his or her signature under the statement. See
Q31. If Yes; attach evidence to support your claim and CERTIFIED Information Sheet OMARA 0001.
copies of original documents where applicable.
Q61. Cheque, money order or BPAY® receipt number for registration
Q32. If Yes; the documents listed in Information Sheet OMARA 0104. application fee (NOT REFUNDABLE).

Q33. If Yes; the name of the corporation, the date of the insolvency,
description of the circumstances, letter or other written evidence and any
other supporting evidence.

10 of 11
M01 – 01/2010v1
Statutory Declaration
This declaration must be made before an authorised person. Please see the Statutory Declaration Act 1959 (Cth) for a
current list of the authorised persons relevant to your State or Territory. Information on these authorised persons can be
found on information sheet OMARA 0111 or by using either of the following web sites: <http://www.austlii.edu.au> or
<http://www.comlaw.gov.au>.

I, (full name of applicant) .......................................................................................................................................................


of (address)............................................................................................................................................................................
...............................................................................................................................................................................................
occupation ............................................................................................................................................................................
make the following declaration under the Statutory Declarations Act 1959:

1. The information I have provided on this form, and any attachments, is complete, correct and up to date in every detail;
and
2. I understand that I may not give immigration assistance until I am registered; and
3. I understand that the prescribed fee which I have paid is not refundable after presentation of the financial instrument to the
Commonwealth of Australia’s designated bank; and
4. I have read and understood that the receipt of notices occurs in accordance with section 332H of the Migration Act 1958;
and
5. I understand that if I become an ‘inactive agent’ as defined in Division 3A of Part 3 of the Migration Act 1958, I, or my
legal personal representative, may be required by the Office to produce certain documents for two years following my
becoming an ‘inactive agent’ and that a penalty applies for non-compliance; and
6. Any information I provide to the Office may be disclosed to DIAC for any purpose and I authorise the disclosure of my
name, address and date of birth to Dunn and Bradstreet (Australia) Pty Ltd and Lawpoint Pty Limited to gain public
information relating to bankruptcy or corporate involvement.
7. I understand that a person who intentionally makes a false statement in a statutory declaration is guilty of an offence
under section 11 of the Statutory Declarations Act 1959, and I believe that the statements in this declaration are true in
every particular.

Signature of Applicant
Declared at on this day of 20
Before me (signature of person before whom declaration is made)
Full name of authorised person
Title of authorised person [as defined in Statutory Declarations Act 1959 (Cth)]
Address of authorised person

NOTE 1 A person who intentionally makes a false statement in a statutory declaration is guilty of an offence, the punishment
for which is imprisonment for a term of 4 years - see section 11 of the Statutory Declarations Act 1959.

NOTE 2 Chapter 2 of the Criminal Code applies to all offences against the Statutory Declarations Act 1959 - see section
5A of the Statutory Declarations Act 1959.

11 of 11 M01 – 01/2010v2
Information
Sheet
OMARA 0101
Page 1 of 1

NOTIFIABLE EVENTS
Registered migration agents have obligations under section 312(1) Migration Act 1958. Section
312(1) provides that:

A registered migration agent must notify the Office of the Migration Agents Registration Authority in
writing within 14 days after any of the following events occurs:
a. he or she becomes bankrupt;

b. he or she applies to take the benefit of any law for the relief of bankrupt or insolvent debtors;

c. he or she compounds with his or her creditors;

d. he or she makes an assignment of remuneration for the benefit of his or her creditors;

e. he or she is convicted of an offence under a law of the Commonwealth or of a


State or Territory;

ea. if he or she paid, in relation to his or her current period of registration, the charge payable
under regulation 5 of the Migration Agents Registration Application Charge Regulations 1998
- he or she begins to give immigration assistance:

(i) on a commercial, or for-profit, basis; or


(ii) as a member of, or a person associated with, an organisation that operates on a
commercial, or for-profit, basis;
f. he or she becomes an employee, or becomes the employee of a new employer, and will give
immigration assistance in that capacity;

fa. he or she becomes a member of a partnership and will give immigration assistance in
that capacity;

g. if he or she is a member or an employee of a partnership and gives immigration assistance in


that capacity – a member of the partnership becomes bankrupt;

h. if he or she is an executive officer or an employee of a corporation and gives immigration


assistance in that capacity –

(i) a receiver of its property or part of its property is appointed;

(ii) it is placed under official management;

(iii) it begins to be wound up.

NOTE:
Failure to comply with these notification obligations can result in a fine of up to $11,000.

M01 – 01/2010v2
Information
Sheet
OMARA 0103
Page 1 of 1

APPLICANTS WHO ARE NOT AUSTRALIAN CITIZENS


ALL applicants for registration MUST be an Australian Citizen, a Permanent Resident, or a New
Zealand Special Category Visa holder. As part of your application you are required to provide
evidence supporting your application:

1. PERMANENT RESIDENT
Please provide certified copies of the photo page and proof of your permanent residency status from
your current Passport.

2. NEW ZEALAND SPECIAL CATEGORY VISA (VISA SUB-CLASS 444):


At the time of the decision the holder of the visa must be in Australia. As it is a temporary visa and
granted at immigration clearance only, it is not possible for the holder to be offshore. Therefore the
holder of a New Zealand Special Category Visa (visa sub-class 444) at the time of the application to
register the individual to become a migration agent, needs to supply:

· CERTIFIED copy of their Passport’s photo page; AND

· a Commonwealth Statutory Declaration which declares either:


- that they are physically in Australia and will be present at the time of decision ; OR
- that they intend to be in Australia at the time of the decision (which should be within 8 weeks
of receipt of a complete application).

You will need to allow a reasonable time (approximately 1 week) from the date of your arrival in
Australia for the Office of the Migration Agents Registration Authority to consider and decide your
application.

M01 – 01/2010v2
Information
Sheet
OMARA 0104
Page 1 of 1

DISCLOSURE OF BANKRUPTCY IN APPLICATIONS


The Office of the Migration Agents Registry Authority (the Office) is required to take into account whether
an individual is a fit and proper person and with respect to bankruptcy these obligations are set out in
sections 290(2)(g), 290(3)(e) and 312(1)(a) of the Migration Act 1958 (the ‘Act’).

Applicants who are bankrupt or who have been bankrupt at some time in the past are to provide the
following information with their application. Failure to provide all of the requested
information may result in significant delays in the processing of the application.

1. A copy of a search of your name on the National Personal Insolvency Index (“NPII”)
operated by the Insolvency Trustee Service Australia (“ITSA”).

2. Details of the circumstances that caused your bankruptcy including a copy of the Statement of Affairs
you filed with either the Federal Court of Australia or the Official Receiver at ITSA. A copy of any
reports issued by the trustee of your bankrupt estate including any documentation which discloses
the rate of dividend (if any) paid to your creditors.

3. A copy of any judgements or orders made by the Federal Court of Australia or Federal Magistrates
Court concerning your bankruptcy.

4. If applicable, details of arrangements into Part 2 X (Debt Agreements) or Part X of the Bankruptcy
Act, as an alternative to bankruptcy.

5. Anything you wish to say about these events, particularly in relation to the passage of time since the
events occurred.

The Office would remind the applicant of the special responsibility of a Migration Agent and that
evidence of the following is also required:

6. Evidence of two accounts (separation of monies into clients’ and operating accounts) as required
under item 7.1 of the Migration Agents Code of Conduct 1998, if they are to pay application fees on
behalf of their clients, OR an undertaking in the form of a Commonwealth statutory declaration that
the person will not deal with client monies if registered.

7. Acknowledgement that the applicant has read the current Code of Conduct, understands its
contents, in all respects, and intends to comply.

M01 – 01/2010v2
Information
Sheet
OMARA 0105
Page 1 of 1

DISCLOSURE OF FINDINGS OF GUILT


Commonwealth legislation relating to the collection, use and disclosure of information concerning
previous convictions came into effect on 30 June 1990. This is commonly known as the Spent
Conviction Scheme.

The aim of the scheme is to prevent discrimination on the basis of certain previous convictions.
Commonwealth authorities are prohibited from taking into account or disclosing any prior convictions,
without the consent of the individual.

The Office of the Migration Agents Registration Authority is required to take into account whether an
individual is a fit and proper person and with respect to a finding of guilt. These obligations are set
out in section 290(2)(c) of the Migration Act 1958 (the “Act”).

Applicants who have had a finding of guilt, at some time in the past are to provide the following
information with their application. Failure to provide all of the requested information may result in
significant delays in the processing of the application.

Convictions covered

The scheme applies to spent convictions where a waiting period has passed and the individual in
question has not re-offended.

The following conditions apply to convictions for a Commonwealth, Territory, State or foreign
offence:
• it has been 10 years from the date of the conviction (or 5 years for child offenders);
• the individual was not sentenced to imprisonment for more than 30 months;
• the individual has not re-offended during the 10 year (5 years for child offenders) waiting period;
and
• a statutory or regulatory exclusion does not apply.

The scheme also covers convictions that have been set aside or pardoned under Part VIIC for the
Crimes Act 1914. An individual whose conviction is protected by the Act does not have to disclose
that conviction to any person, including a Commonwealth authority.

Please provide:

1. Details of the finding of guilt including:


Offence;
Date of Offence;
Date of Sentencing; and
Penalty imposed, if any;
2. Copies of any receipts in relation to fines or other similar matters; and
3. Copy of judgement, if any; and
4. Any other information which may assist the Office in consideration of your application.

M01 – 01/2010v2
Information
Sheet
OMARA 0106

REQUIREMENT TO DEMONSTRATE ENGLISH LANGUAGE


PROFICIENCY
An individual who is applying for initial registration as a migration agent must demonstrate their
proficiency in the use of the English language. Questions 27 to 31 on pages six to seven of the
M01 form will assist you in determining whether you meet the requirement. If you do not satisfy the
requirements below you should think carefully before applying for registration as a migration agent
as the application fee is not refundable.

From 1 January 2010

All applications for initial registration as a migration agent received on or after 1 January 2010 will
be subject to a new increased English Language Standard. In order to satisfy the increased English
Language Standard, applicants will need to provide documentary evidence (must be certified
copies) of:

• an IELTS test score of 7.0 with a minimum score of 6.5 in each sub-test (speaking,
listening, reading and writing) in the academic module undertaken not more than 2 years
prior to lodgement of an Application for Registration as a Migration Agent;
OR
• an internet based TOEFL (Test of English as a Foreign Language) score of 100 with a
minimum score of 22 in each subtest (speaking, listening, reading and writing) undertaken
not more than 2 years prior to lodgement of the Application for Registration as a Migration
Agent;
OR
• evidence that the person holds a current legal practicing certificate (restricted or unrestricted)
issued by an Australian body authorised by law in an Australian state or territory;
OR
• evidence that the person has successfully completed:
o matriculation level (see Note 1) with a pass in English (not “English as a
Second Language”) where English was the language of instruction at the
school; AND
o a Bachelor degree, or a higher degree, with a minimum of 3 years’
equivalent full-time study, where:
the degree was conferred by an Australian, New Zealand, UK
or Canadian University (Note 2)
the study was undertaken while the person was residing in
` the country where the degree was awarded; and
English was the language of instruction at the University

Note 1– “Matriculation” refers to being formally admitted to study at a university or college.


Evidence that you have successfully completed matriculation level could include your Higher
School Certificate results or other equivalents of Australian Year 12 including A Levels,
International Baccalaureate etc

Note 2 – Other countries where English is the predominant business and community language
will be considered on a case by case basis.

M01 – 01/2010v2
OMARA 0106
Page 2 of 2

For applicants who do not meet the criteria specified above, consideration will be given on a
case by case basis to applicants who were born, educated and spent their formative years in a
country where English is the predominant business and community language.

https://www.mara.gov.au/Becoming-an-Agent/Registration-Requirements/English-Language/
default.aspx

If you met the English language You need to provide the following evidence:
proficiency requirement through:

an IELTS test Certified copy of IELTS test score result

a TOEFL test Certified copy of TOEFL test score result

Matriculating and achieving a (i) a certified copy of your Matriculation certificate


three year Bachelor or higher and results showing a pass in English (not as a
degree in Australia, New Zealand, second language)
Canada or the UK
(ii) Certified copy of your Bachelor (or higher)
degree and transcript of results for all three years
(or equivalent of three years full time) study.

(iii) Evidence that you were residing in the country


where you matriculated and where your degree was
awarded. This could include certified copies of
pages of your passport with visas and entry/exit
stamps. If you were born in the country where you
undertook all your study, a copy of your birth
certificate and transcripts of your results may be
sufficient evidence. Other evidence of residence
could include tenancy agreements, employment
contracts etc. If these documents are not appropriate
in your situation or you are unable to provide them
and you are not sure what evidence you need, please
contact us by phone or by email to discuss you
circumstances.

Matriculating and achieving a three As above


year Bachelor (or higher) degree in a
country where English is the
predominant business and community
language.

Being born, educated and spending You need to provide evidence such as your birth
your formative years in a country certificate, school reports, educational
where English is the predominant qualifications etc.
business and community language

Please note: Other evidence may be requested during processing of your application at the
discretion of the assessing officer. If you do not meet the requirements above, you may be
given the opportunity to undertake an IELTS or TOEFL test before a decision is made on your
application. If you do not undertake the test or achieve an acceptable score within the time
frame provided, your application may be refused.

M01 – 01/2010v2
Information
Sheet
OMARA 0107
Page 1 of 2

PRESCRIBED QUALIFICATION/ EXAM/ COURSE


Applicants are required to ensure that they comply with the legislation which applies at the time of their
application. If you are unable to determine what current legislative requirements are applicable then you
should seek legal advice.

I have a current practising certificate issued in an Australian state or territory, is this enough?

If you have a current legal practising certificate issued by an Australian body authorised by law in an
Australian state or territory (the prescribed qualification) this is all you will need to provide to meet the
requirements of section 289A of the Migration Act 1958 (‘Migration Act’).

Both restricted and unrestricted practising certificates meet this requirement.

I don’t have evidence of a current practising certificate issued in an Australian state or territory,
what do I need to provide?

You will need to demonstrate that you have in the twelve months prior to your application for
registration being received:

• completed the Graduate Certificate in Australian Migration Law and Practice at the Australian
National University, Griffith University, Murdoch University or Victoria University;
AND
• passed the common assessment items relating to registration, which form part of the Graduate
Certificate in Australian Migration Law and Practice at those same universities.

M01 – 01/2010v2
OMARA 0107
Page 2 of 2

SOME RELEVANT LEGISLATIVE PROVISIONS TO THIS REQUIREMENT


Section 290A of the Migration Act 1958 states that:
An applicant:

(a) who has never been registered; or


(b) who is applying to be registered more than 12 months after the end of his or
her previous registration;
must not be registered unless the Migration Agents Registration Authority is
satisfied that he or she:
(c) has completed a prescribed course within the prescribed period and has
passed a prescribed exam within the prescribed period; or
(d) holds the prescribed qualifications.

Regulation 5 of the Migration Agents Regulation 1998 states that:

(1) For paragraph 289A(c) of the Act:

(a) a prescribed course is a course approved by the Authority and listed on the
Authority’s web site; and
(b) the prescribed period is the 12 month period immediately before the day on
which the applicant is taken to have made the application for registration and; and
(c) a prescribed exam is an exam approved by the Authority and listed on the
Authority’s web site.

(2) For paragraph 289A(d) of the Act, a current legal practising certificate issued by an
Australian body authorised by law to issue it is prescribed.

See Regulation 3Y for the time that an application is taken to have been made.

M01 – 01/2010v2
Information
Sheet
OMARA 0001

PHOTOGRAPH SPECIFICATIONS
Acceptable

• Size not smaller than 35x45mm, no larger than 40x50mm


• Good quality color with no ink or marks on the image
• Image not too dark or too light
• Image not too close or too distant
• Full front view head and shoulders
• Eyes open
• If glasses worn, eyes to be clearly visible
• No head covering (if head covering worn for religious reasons,
a photo showing facial features will be accepted)
• Sharply focused, not blurred or unclear.
To far away
Digital or Video Camera Photographs

• Good quality paper must be used (equivalent to photographic paper)


• Skin tones must be natural (not too much of one colour, e.g. yellow,
blue or red)
• Contrast and resolution must not be grainy
• “Be adviced” - Digital or Video cameras photographs usually produced low
quality photographs with excessive moire effects.

NOTE:
Too light
The quality of the photograph on the registration certificate will reflect the
quality of the photograph provided. Photographs with a matt finish usually
reproduce without blemishes.

Photographs with a gloss finish tend to produce gloss blemishes. If the


photograph is stapled or bent through the use of paperclips the reproduction
quality is significantly reduced.

It is suggested that you place the photograph in a small envelope and attach
the envelope to the application form. Any marks on the photograph, including
staple holes etc, will result in a poor quality certificate reproduction.
Too dark

Unusual colours
M01 – 01/2010v2
Information
Sheet
OMARA 0109
Page 1 of 2

PROFESSIONAL LIBRARY
Clause 2.5 of Schedule 2 to the Migration Agents Regulations 1998 requires Registered Migration
Agents to either:

(i) maintain a professional library that includes the materials listed below; or
(ii) if the agent’s employer, or the business in which he or she works, maintains a professional
library that includes the materials listed below — take responsibility for ensuring that he or
she has access to the library.
The comprehensive list of materials mentioned in subparagraphs 2.5(a)(iii) and (iv) are available on the
Professional Library page of the Office’s web site.

A professional library must be kept on site at your place of business and consists of:
· Current version of the Migration Act 1958
· Current version of the Migration Regulations 1994
· Current versions of other legislation relating to migration procedure [clause 2.5(a)(iii)]
· Portfolio Policies and Procedures [clause 2.5(a)(iv)]

Other legislation relating to migration procedure

The Office of the Migration Agents Registry Authority (the Office) has agreed that a migration agent is
required to maintain the following materials to comply with clause 2.5(a)(iii) “other legislation relating to
migration procedure”:

ACTS:
· Immigration (Guardianship of Children) Act 1946
· Migration (Visa Application) Charge Act 1997
· Migration Agents Registration Application Charge Act 1997
· Border Protection (Validation and Enforcement Powers) Act 2001
· Migration Legislation Amendment (Overseas Students) Act 2000

REGULATIONS:
· Immigration (Guardianship of Children) Regulations 2001
· Migration Agents Registration Application Charge Regulations 1998
· Migration Agents Regulations 1998

MIGRATION ACT RELATED LEGISLATIVE INSTRUMENTS:


· Gazette Notices
· Directions - s. 499
· Notice Under Section 306AD of the Migration Act 1958

MIGRATION REGULATIONS RELATED LEGISLATIVE INSTRUMENTS:


· Gazette Notices
· Approval of Office for the Purposes of Subparagraph 2.10(1)(b)(iii) of the Migration Regulations
· Approval of Agents for the Purposes of Sub-Subparagraph 2.10(l)(a)(iii)(B) of the Migration
Regulations 1994

M01 – 01/2010v2
TABLES OF AMENDMENTS: OMARA 0109
Page 2 of 2

· Migration Act 1958


· Migration Regulations 1994
· Migration Reform (Transitional Provisions) Regulations
· Migration Agents Regulations
· Migration Agents Regulations 1998

Recommended additional materials

The Office recommends, however does not require, a migration agent to maintain the following
additional materials:

ACTS:
· Immigration (Education) Act 1971
· Immigration (Education) Charge Act 1992
· Immigration (Education) Charge Regulations 1993
· Immigration (Education) Regulations 1992
· Migration Reform (Transitional Provisions) Regulations

CITIZENSHIP ACT RELATED LEGISLATIVE INSTRUMENTS:


· Gazette Notices
· Australian Citizenship (Permanent Resident Status — New Zealand Citizens) Declaration 2001

CITIZENSHIP RELATED REGULATIONS:


· Australian Citizenship Regulations
· Re-Registration of Legitimated Birth

CITIZENSHIP POLICY:
· Australian Citizenship Instructions

SUBSCRIPTION SERVICES:
There are two services currently available that the Office considers as meeting this requirement:

Legendcom
The Department of Immigration and Citizenships’ Legendcom service contains all of the above
and offers installation and training on the software provided.
Legendcom is an electronic database of core portfolio legislation and policy documents.

For further information visit www.immi.gov.au/business-services/legend/help-desk-support


or contact Legendcom directly on 1800 008 717.

LexisNexis
LexisNexis provide the “Australian Immigration Law” service in both an electronic and
hardcopy service.
“Australian Immigration Law brings together in one accessible source the Migration Act 1958,
Migration Regulations 1994, migration agents legislation, international agreements, other related
legislation and gazettal information. The legislation contains historical information for each amend-
ment. The Table of Amendments details all amending legislation, commencement and transitional
provisions. Gazettal information covers important materials on visa numbers, pool and pass marks,
and continuing professional development notices for migration practitioners.”

For further information or contact LexisNexis directly on 1800 772 772


or visit their website www.lexisnexis.com.au

M01 – 01/2010v2
Information
Sheet
OMARA 0110
Page 1 of 4

PRIVACY AND DISCLOSING INFORMATION


If you are required to answer Questions 37 to 43 of the Application form you will need to obtain
information from persons related to you by employment (see section 278 of the Migration Act 1958 for
a definition of relationship by employment). It is important that you are aware that if you choose not to
answer these questions and you are required to do so then your application cannot be considered by the
Office of the Migration Agent Registration Authority (the Office).

Section 278 of the Migration Act 1958 states that “For the purposes of this Part, an individual is related
by employment to another individual if:
(1) (a) one individual is employed by the other; or
(b) they are executive officers of the same corporation; or
(c) they are members of the same partnership; or
(d) one individual is an employee of a corporation and the other is:
(i) an employee of the corporation; or
(ii) an executive officer of the corporation; or
(e) one individual is an employee of a partnership and the other is:
(i) an employee of the partnership; or
(ii) a member of the partnership.

(2) For the purposes of this Part, an individual is also related by employment to another individual in
any other prescribed circumstance.
(3) In this section: employee includes a person engaged as a consultant or as an
independent contractor.

Regulation 3U of the Migration Agents Regulations 1998 states that:

(1) For subsection 278(2) of the Act, an individual is related by employment to another individual
if both of them are employed by a third individual.

(2) For subsection 278(2) of the Act, an individual is related by employment to another individual if:
(a) one of the individuals hold 25% or more of the shares issued by a corporation that provides
immigration assistance, or services including immigration assistance; and
(b) the other individual is employed by the corporation.

(3) For subsection 278(2) of the Act, an individual is related by employment to another
individual if:
(a) one of the individuals holds a charge (whether fixed or floating) or a mortgage or any other
form of security over some or all of the assets of a business or corporation that provides
immigration assistance, or services including immigration assistance; and
(b) the other individual is employed by the business or corporation.”

M01 – 01/2010v2
OMARA 0110
Page 2 of 4

This information gathered through these questions is required by the Office in order to determine
whether section 290(1)(c) of the Migration Act 1958 prohibits the Office from registering you as a
migration agent.

When reading the form you will note that the questions will require that you ask various questions of your
employer, employee/s, director/s or partners (the type and number of people you need to ask will depend
on your business structure).

Section 290(3) requires that the Office must consider the matters asked in Questions 37 to 43 of the
Application form, which are:
(a) any conviction of the individual of a criminal offence (except a conviction that is spent
under Part VIIC of the Crimes Act 1914);
(b) any criminal proceedings that the individual is the subject of;
(c) any inquiry or investigation that the individual is or has been the subject of;
(d) any disciplinary action that is being taken, or has been taken, against the individual that
the Office considers relevant to the application; and
(e) any bankruptcy (present or past) of the individual.

Some applicants have indicated that they have concerns regarding inquiring into the privacy of
individuals related to them by employment. As noted above this information is required to be collected by
law and is held at the Commonwealth standard of “in confidence”. The information may be released to
the Department of Immigration and Citizenship and is otherwise only released when required by law.

You may find it easier to ask these questions if you show the page with the questions on it to that person
and indicate that it is a requirement of filling in the application form that you ask these questions. You
should advise the individual you are asking that they may reply directly to the Office .

If the person related by employment to you answers yes to you then you must attach brief details of the
matter to your application.

If the person related by employment to you should want to reply directly to the Office then he or she will
need to send in a submission in the form of the statutory declaration as attached. Brief details about
any matter to which he or she answers yes must be attached to the statutory declaration. The statutory
declaration and any attachments should be sent to:

Registration Manager
Office of the Migration Agents Registration Authority
PO Box Q1551
QVB NSW 1230

Please note, where an applicant has submissions being sent in by persons related by employment to the
applicant the consideration of the application may be delayed.

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STATUTORY DECLARATION
This declaration must be made before an authorised person. Please see the Statutory Declaration
Act 1959 (Cth) for a current list of the authorised persons relevant to your State or Territory.
Information on these authorised persons can be found using either of the following web sites:
<http://www.austlii.edu.au> or <http://www.comlaw.gov.au>

WARNING
The giving of false or misleading information in this declaration is subject to penalties under the
Statutory Declarations Act 1959, the Migration Act 1958 and the Migration Agents Regulations
1998. The Statutory Declarations Act 1959, for example, provides for penalties of up to four years
imprisonment.

I, (full name of declarant)........................................................................................................................

of (address)..........................................................................................................................................

............................................................State........................................Postcode.............................

occupation............................................................................................................................................

make the following declaration under the Statutory Declarations Act 1959:

1. This is a statement made with regards to <INSERT THE APPLICANT’S NAME> application to
become a migration agent; AND
2. I am related by employment to the applicant; AND

3. My answers to questions 37 to 43 are as follows:


I have/have not been declared bankrupt; <IF YOU HAVE THEN YOU MUST ATTACH BRIEF
DETAILS> AND

There has/has not been a finding of guilt against me for a criminal offence (except a conviction
that is spent under Part VIIC Crimes Act 1914); <IF THERE HAS THEN YOU MUST ATTACH
BRIEF DETAILS> AND

I am/am not subject to any criminal proceedings; <IF YOU ARE THEN YOU MUST ATTACH
BRIEF DETAILS> AND

To the best of my knowledge and belief, I have/have not been the subject of an investigation
or an inquiry by a professional association, corporate regulatory agency or consumer
organisation; the former Migration Agents Registration Authority or the Office of the MARA,
(the Office) <IF YOU HAVE THEN YOU MUST ATTACH BRIEF DETAILS>AND

To the best of my knowledge and belief, I have/have not been the subject of a complaint
investigated by the former Migration Agents Registration Authority or the Office of the MARA,
(the Office) <IF YOU HAVE THEN YOU MUST ATTACH BRIEF DETAILS> AND

To the best of my knowledge and belief, I have/have not been the subject an investigation by
a Department or Agency of the Commonwealth or a State or Territory of Australia; <IF YOU
HAVE THEN YOU MUST ATTACH BRIEF DETAILS>.

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4. If the Office finds that pursuant to section 290(1)(c) of the Migration Act 1958 that I am not a person
of integrity and that I am related by employment to the applicant and therefore considers that the
applicant should not be registered because of that finding then I agree that the Office may advise
the applicant of that finding.
when informing the applicant pursuant to section 309(1) of the Migration Act 1958; AND
when informing the applicant of any refusal of registration pursuant to section 295 of the Migration
Act 1958.

5. I understand that if the applicant is refused registration and one of the grounds for refusal is the
fact that I am not a person of integrity and that I am related by employment to the applicant that the
applicant may apply to the Administrative Appeals Tribunal for a review of that decision and that
the information upon which the Office based its decision may become public through that forum;
AND

6. I understand that any information provided to the Office may be disclosed by the Office to the
Department of Immigration and Citizenship or when required by law to do so; AND

7. I understand that a person who intentionally makes a false statement in a statutory declaration is
guilty of an offence under section 11 of the Statutory Declarations Act 1959, and I believe that the
statements in this declaration are true in every particular.

Signature of Declarant ....................................................................................................................

Declared at……………………..............………........... on this .............……………...…..............day

of ………....………......................................................20................................................................

Before me ..…………….…………………………………………………………...................................
(signature of person before whom declaration is made)

Full name of authorised person.......................................................................................................


Title of authorised person ..……………………………………………………....................................
[as defined in Statutory Declarations Act 1959 (Cth)]

Address of authorised person

........................................................................................................................................................

............................................................State........................................Postcode.............................

NOTE 1: A person who intentionally makes a false statement in a statutory declaration is guilty of an
offence, the punishment for which is imprisonment for a term of 4 years - see section 11 of the Statutory
Declarations Act 1959.

NOTE 2: Chapter 2 of the Criminal Code applies to all offences against the Statutory Declarations Act
1959 - see section 5A of the Statutory Declarations Act 1959.

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STATUTORY DECLARATION SIGNATORY LIST AND CERTIFICATION OF

DOCUMENTS

A statutory declaration under the Statutory Declarations Act 1959 may be made before –
(1) a person who is currently licensed or registered under a law to practise in one of the

following occupations:

• Chiropractor • Dentist

• Legal practitioner • Medical practitioner

• Nurse • Optometrist

• Patent attorney • Pharmacist

• Physiotherapist • Psychologist

• Trade marks attorney • Veterinary surgeon

(2) a person who is enrolled on the roll of the Supreme Court of a State or

Territory, or the High Court of Australia, as a legal practitioner (however described); or

(3) a person who is in the following list:

• Agent of the Australian Postal Corporation who is in charge of an office supplying postal

services to the public

• Australian Consular Officer or Australian Diplomatic Officer

(within the meaning of the Consular Fees Act 1955)

• Bailiff

• Bank officer with 5 or more continuous years of service

• Building society officer with 5 or more years of continuous service

• Chief executive officer of a Commonwealth court

• Clerk of a court

• Commissioner for Affidavits

• Commissioner for Declarations

• Credit union officer with 5 or more years of continuous service

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• Employee of the Australian Trade Commission who is:

(a) in a country or place outside Australia; and

(b) authorised under paragraph 3(d) of the Consular Fees Act 1955; and

(c) exercising his or her function in that place

• Employee of the Commonwealth who is:

(a) in a country or place outside Australia; and

(b) authorised under paragraph 3(c) of the Consular Fees Act 1955; and

(c) exercising his or her function in that place

• Fellow of the National Tax Accountants’ Association

• Finance company officer with 5 or more years of continuous service

• Holder of a statutory office not specified in another item in this list

• Judge of a court

• Justice of the Peace

• Magistrate

• Marriage celebrant registered under Subdivision C of Division 1 of Part IV of the Marriage

Act 1961

• Master of a court

• Member of Chartered Secretaries Australia

• Member of Engineers Australia, other than at the grade of student

• Member of the Association of Taxation and Management Accountants

• Member of the Australasian Institute of Mining and Metallurgy

• Member of the Australian Defence Force who is:

(a) an officer; or

(b) a non-commissioned officer within the meaning of the Defence Force Discipline Act

1982 with 5 or more years of continuous service; or

(c) a warrant officer within the meaning of that Act

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• Member of the Institute of Chartered Accountants in Australia, the Australian Society of

Certified Practising Accountants or the National Institute of Accountants

• Member of:

(a) the Parliament of the Commonwealth; or

(b) the Parliament of a State; or

(c) a Territory legislature; or

(d) a local government authority of a State or Territory

• Minister of religion registered under Subdivision A of Division 1 of Part IV of the Marriage

Act 1961

• Notary public

• Permanent employee of the Australian Postal Corporation with 5 or more years of

continuous service who is employed in an office supplying postal services to the public

• Permanent employee of:

(a) the Commonwealth or a Commonwealth authority; or

(b) a State or Territory or a State or Territory authority; or

(c) a local government authority; with 5 or more years of continuous service who is not

specified in another item in this list

• Person before whom a statutory declaration may be made under the law of the

State or Territory in which the declaration is made

• Police officer

• Registrar, or Deputy Registrar, of a court

• Senior Executive Service employee of:

(a) the Commonwealth or a Commonwealth authority; or

(b) a State or Territory or a State or Territory authority

• Sheriff

• Sheriff’s officer

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Applying for Registration from outside Australia

Important Note: This arrangement ONLY applies to individuals applying for registration who are

overseas. Applicants who are onshore need to follow the normal requirements.

See: List of people who can witness statutory declarations <link to http://www.ag.gov.au/www/agd/

agd.nsf/Page/Statutorydeclaration_Statutorydeclarationsignatorylist>

The application form

The Office of the Migration Agents Registration Authority will accept the following witnesses outside

Australia for the purposes of applying for initial and repeat registration as a migration agent:

• an Australian Registered Migration Agent (but not the applicant); or

• a person who is the equivalent of a Justice of the Peace or Commissioner for

Declarations in that place

Certified copies of associated documents

If you are an applicant for registration who is outside of Australia and you need to provide certified

copies of documents for the purposes of applying for registration, you can use the persons listed

above to certify a copy in writing to be a true copy.

This is a similar approach to that which the Department uses in visa processing matters. That

approach is outlined in the Migration Regulations 1994 at paragraphs 2.13(5)(b)(iv) and (v).

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A QUICK GUIDE TO BUSINESS STRUCTURE


(This is not presented as legal advice, you should seek your own legal advice for your situation)

1. SOLE PROPRIETORSHIP

An example of a sole proprietorship is as follows;

Jack owns an accountancy business. He employs two employees, Mary and Robert. He owns and
operates the business in his own name and his business name ‘Joe Bloggs and Associates’, which is
registered under the Business Name Act of his state.

What are the characteristics of a sole proprietorship?

· A sole proprietorship is a business, which is owned and operated by an individual.


· The individual is usually referred to as a ‘sole trader’ or ‘sole proprietor’.
· The sole trader has total control of the company and he or she owns all of the company’s assets
and liabilities.
· A sole trader may employ people to work in the sole proprietorship.

What are the legal issues involved with operating a sole proprietorship?

· A sole proprietorship (the business) is not a separate legal entity.


· The sole trader is a legal entity and as a result, he or she has personal and unlimited liability.
· The sole proprietorship is subject to all relevant State and Commonwealth laws, which regulate
businesses.
· If the sole trader operates the business under his or her own name, without any additions, he or
she is not required to register a business name.

What are the tax issues involved with operating a sole proprietorship?

· A sole trader is taxed as an individual.

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2. PARTNERSHIP

An example of a partnership is as follows;

Joseph and Annabelle run a fruit shop. They both manage the business equally and own the
business name ‘Golden Apples’, which is registered under the Business Names Act of their state.
They split the earnings equally and employ two employees, John and Simon.

What are the characteristics of a partnership?

· A partnership is an association of individuals or entities for the purpose of carrying on a business.


· Each partner has an equal entitlement to take part in the management of the partnership.
· A partnership may employ individuals to work for the partnership.

What are the legal issues involved with operating a partnership?

· A partnership is not a separate legal entity. The assets are jointly owned by the partners, who are
jointly liable.
· The partnership is regulated by the Partnership Act 1892 (NSW) or the equivalent in your state or
territory.
· The maximum number of partners allowed is 20, however there are exceptions, which are out-
lined in the Corporations Act 2001 (Cth).
· If the partnership has a trading name, all of the partners must register that name in accordance
with the state Business Names Act.

What are the tax issues involved with operating a partnership?

· Partnerships are taxed as an association of individuals or entities carrying on a business


as partners.
· A partner’s share of the partnership income is taxed at the personal rate for the individual.

3. COMPANY/CORPORATION

An example of a company is as follows;

The company ‘ABC Migration Pty Ltd’ has two shareholders and two directors. This company
owns the trading name ‘ABC Migration’, which is registered under the Business Names Act of that
State. The company employs 10 other individuals.

WHAT ARE THE CHARACTERISTICS OF A COMPANY?

· Is also known as a corporation


· Are established by registering a company with the Australian Securities and Investments
Commission (ASIC) and by providing the relevant information to the Australian Tax Office.
· The main participants of a company are the shareholders and directors.
· The directors manage the company’s day to day dealings for the shareholders
· Although the shareholder has no direct link to the assets of the company, they do have an interest
in the company (the shares) and have a say in the election of directors.
· Shareholders of a company have limited liability.

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· There must be at least one shareholder and director in the company.


· If the company has a separate trading name, that name must be registered in accordance with
the state Business Names Act.
· A company may employ individuals in the company.

Legal Issues

· A company is a separate legal entity and holds assets in its own name.
· A company is regulated with the Corporation Act 2001 (Cth).
· If the company has a business name or trading name, it must be registered with the relevant
State Authority.

Tax Issues

· A Company is taxed as a company.

4. TRUSTS

An example of a trust is as follows;

The business ‘Go-OZ Migration!’ is run by a trust. The beneficiaries of the trustee are John and his
family. The trustee is a financial company, called ‘OZ Finance Pty Ltd’.

What is a Trust?

· A trust occurs when a holder of a legal or equitable interest in property (the trustee) holds that
property for the benefit of another person or persons (beneficiary/beneficiaries).
· A trust does not have a separate legal entity, but the trustee can be sued in their own right.
· It is not necessary to disclose the existence of a trust in commercial transactions.
· A trust will usually have a deed that outlines the terms of the trust.

The two main types of trustees are;

1. Discretionary
2. Unit.

BIBLIOGRAPHY
Munro, Kevin and Vale, Greg ‘Business Structures’ College of Law Practice Paper CO1.

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OMARA 0112
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AUSTRALIAN FEDERAL POLICE - NATIONAL POLICE CHECK


The Office of the Migration Agent Registration Authority (the Office), is required to take into account whether
an individual is not a fit and proper person or not a person of integrity. Particularly, the Office must consider
whether there has been a finding of guilt. These obligations are set out in section 290(2)(c) of the Migration
Act 1958.

As part of your application you are required to provide an Australian Federal Police (AFP) National Name
check. This check is different to a State-based National Police certificate so you cannot obtain the check
from your local police station.

1. To apply for an AFP National Name Check you will need to obtain the form from the AFP web site
at www.afp.gov.au. Complete the form and include ALL THE NAMES, AND ALL COMBINATIONS
OF THOSE NAMES, YOU HAVE EVER BEEN KNOWN BY (include all the names you have written
on page 2 of your application for registration as a migration agent).

2. If you have been known by more than one name, you should attach a separate sheet of paper to
your name check application form listing the different names you have been known by.
It is suggested that you put the names into a table similar to the following:

Family Name Given Name 1 Given Name 2

3. It is recommended that you review all your documents to ensure you have included all names
you have been known by (for example, certificates, passports, etc).

4. You should include the attached letter from the Office with the form you are sending to the AFP.
This will ensure that the response you receive from the AFP meets our requirements.

When you receive your ORIGINAL copy of your AFP National Name Check send it with your completed
application form.

If you have previously obtained one of these checks and still have the original letter from the
AFP you may use it again if it is less than 12 months old. The check must be dated in the 12 months prior
to the Office receiving your application. An AFP check that is older than 12 months is not valid. NB This
will not be returned to you.

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Australian Government
Office of the Migration Agents Registration Authority

The Coordinator
Australian Federal Police
Criminal Records Unit
Locked Bag 1
WESTON ACT 2611

Dear Sir/Madam,

Re: Australian Federal Police National Name Check

As part of the application process for registration as a migration agent with the
Office of the Migration Agents Registration Authority (the Office), applicants are required to
provide an Australian Federal Police (the ‘AFP’) National Name Check.

The reason for the check is that the Office must not register an applicant if it is satisfied that
the person is not a fit and proper person or is not a person of integrity as required under
section 290 of the Migration Act 1958.

The check must be completed on all names they have been known by, at any time and in
any country.

Following discussions with the Criminal Records Unit of the AFP, where an applicant has
been known by more than one name, we have suggested to applicants that they attach
a separate sheet of paper listing the names and the combination of names they require
checked.

To assist with the processing of registration applications we request that, when issuing the
certificate, the AFP list all the names that have been checked. When the certificate does not
refer to all the names provided by an applicant substantial delays occur, creating issues for
applicants, and subsequent requests to the AFP for amendments.

In addition, when issuing the certificate we request that the certificate be sent directly to the
applicant and not to the Office.

We thank you for your cooperation in this matter.

For and on behalf of the Office,


Office of the Migration Agents Registration Authority

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PROFESSIONAL INDEMNITY INSURANCE


Section 292B of the Migration Act 1958 states that an applicant, for both initial and repeat registration, must
not be registered unless the Office of the Migration Agents Registration Authority (the Office) is satisfied
that he or she has professional indemnity insurance of a kind prescribed by the Regulations.

Regulation 6B of the Migration Agents Regulations 1998 prescribes the following:

(1) Subject to subregulation (2), for subsection 292B (1) of the Act, professional indemnity insurance
for at least $250,000:

(a) held by an individual; or


(b) held by an organisation of which the individual is a director, employee or member;
is prescribed.

(2) An individual is taken to have complied with subregulation (1) if he or she:

(a) is:

i) a member or employee of a partnership; or


(ii) a director or employee of an incorporated legal practice; or
(iii) a sole legal practitioner or an employee of a sole legal practitioner; and

(b) has satisfied the Office that he or she has a current legal practising certificate.

NOTE: An individual described in subregulation (2) would already hold professional indemnity
insurance for at least $250,000 as part of the requirements for their current legal
practising certificate. The individual would not need to provide evidence of professional
indemnity insurance to the Office once the Office is satisfied that the individual has
the certificate.
An individual who is not mentioned in subregulation (2) will need to provide evidence to satisfy
the Office that the individual has professional indemnity insurance for at least $250,000.

When making your application for registration you will need to provide evidence in order to demonstrate
your compliance with section 292B of the Act.

The Office does not require the Professional Indemnity Insurance to be issued by any
particular insurer.

All applicants are required to provide a copy of the policy schedule issued by their insurer with their
application unless Regulation 6(2) applies.

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