Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 332E

Protection from civil proceedings

Complaints about registered migration agents

  (1)   No action or other proceeding for damages lies against a person in respect of loss, damage or injury of any kind suffered by another person because of any of the following acts done in good faith:

  (a)   the making of a complaint to the Migration Agents Registration Authority in relation to the provision of immigration assistance by a registered migration agent;

  (b)   the making of a statement to, or the giving of a document or information to, the Authority in connection with the investigation of such a complaint.

Complaints about persons who are not registered migration agents

  (2)   No action or other proceeding for damages lies against a person in respect of loss, damage or injury of any kind suffered by another person because of any of the following acts done in good faith:

  (a)   the making of a complaint to the Department in relation to the provision of immigration assistance by a person who is not a registered migration agent;

  (b)   the making of a statement to, or the giving of a document or information to, the Department in connection with the investigation of such a complaint;

  (c)   the investigation of such a complaint.

Institute etc.

  (3)   The Migration Institute of Australia Limited (ACN 003   409   390), or an officer or employee of that Institute, is not liable to an action or other proceeding for damages for or in relation to any of the following acts done in good faith:

  (a)   the performance or purported performance of any function conferred on the Migration Agents Registration Authority under this Part;

  (b)   the exercise or purported exercise of any power conferred on the Authority under this Part.

Note:   The Institute was appointed as the Migration Agents Registration Authority by instrument dated 21   March 1998, under section   315 as then in force. That instrument was revoked on 30   June 2009.

Commonwealth etc.

  (4)   None of the following:

  (a)   the Commonwealth;

  (b)   the Minister;

  (c)   an officer;

  (d)   any other person;

is liable to an action or other proceeding for damages for or in relation to any of the following acts done in good faith:

  (e)   the performance or purported performance of any function conferred on the Minister under this Part;

  (f)   the exercise or purported exercise of any power conferred on the Minister under this Part.


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