2010-01-08 M01 Initial Application Form

8/8/2019 2010-01-08 M01 Initial Application Form

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To: Applicant for Registration

Thank you for downloading this material from our web site. This application package is forindividuals 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 Citizens5 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 MigrationAgents Registration Authority (the Office) on 1300 226 272 or +61 2 9078 3552.

Page 1 of 5

Last Modified: 08 January 2010

Australian Government

Office of the Migration Agents

Registration Authority


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Page 2 of 5

WHO NEEDS TO REGISTER

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

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

If you are not a member of the public service and you give immigration assistance as an employeeor voluntary worker for another person or organisation or if the immigration assistance is given in thecourse of or in association with the conduct of a profession or business you must be registered (seesection 280 of the Migration Act1958for further details).

BEFORE APPLYING

Before making an application to become a registered agent you should obtain the following legislationand 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 courseand 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 elevenpages with M01 on the bottom right side of the page. Section 288(3) of the Act requiresthe application to be in a form approved in writing by the Office, and contain suchinformation as required by the form. Failure to complete and send all eleven pages will resultin delays in the processing of your application.

4. Provide all of the documentation required as a result of your answers to the questionson the M01 form see page 10 of the form for a checklist of attachments (includingphotographs).


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Registered to BPay Pty Ltd ACN 079 137 518

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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 bankwith representation in Australia. ANY money that you send in relation to your application isNOT REFUNDABLE under any circumstances. The fee is for the making of the application. Ifyour application is successful you are registered for 12 months from the date the application isapproved.

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. Thefees for an application for registration are specified in the Migration Agents Registration ApplicationCharge Regulations 1998(as amended).

The application fees are:

$1,760 for individuals seeking registration on a commercial or for profit basis, or asa member of, or a person associated with, an organisation that operates on acommercial or for profit basis.

$160 for individuals seeking registration on a non-commercial or not for profitbasis, and as a member of, or a person associated with, an organisation thatoperates 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 registrationyear. The charge will be calculated in accordance with the Migration Agents Registration ApplicationCharge Amendment Act 2004. NB: Changing status in these circumstances is a notifiable event. Youmust 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 ORelse by cheque or money order made payable to the Office of the Migration Agents RegistrationAuthority. Cheques (bank or other) and money orders must be in Australian dollars and drawn ona bank with representation in Australia.

THIS APPLICATION FEE IS NOT REFUNDABLE.


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Please include your ABN with your registration application so that we can include this informationon your tax invoice/receipt. A second tax invoice/receipt will NOT be issued. A tax invoice/receiptwill 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, andother administrative issues relating to your registration. DIAC will use your email address tocommunicate 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 ofMigration 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 notprovide one with your application. However, as a consequence you will not receive electroniccommunications 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 completeapplication.

We cannot consider your application until the prescribed notice period has passed (see s289(3)).The prescribed noticeis the publication of your name on the Notice of Intended Applicants pageof 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. Thereis no cost associated with this publication. Your notice of intention will remain on the web site untila decision has been made on your application.

If you do notprovide all of the information required or provide only the minimal amount ofinformation, you may experience lengthy delays in the finalisation of your application as the Officeinvestigates 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 yourregistration, a copy of the Code of Conduct and other important information includingrequirements for continuing professional Development. Please note: The Code of Conductmay be downloaded from our website at www.mara.gov.au.

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The most efficient way for you to find out if your application has been approved is to ensure that youhave provided an email address on your application. This is because an email is sent to the emailaddress you provide indicating that your application has been approved (PLEASE NOTE: Hotmailemail 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 Registerof Migration Agents at www.mara.gov.au to see whether you are registered if you have not heard fromus 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 BPAYreceipt number, orcheque or money order for your appropriate application fee, should be posted by registered mail to:

Office of the Migration Agents Registration AuthorityPO Box Q1551QVB 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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About the information you give

The information you give in this form is required by the Office of the Migration AgentsRegistration Authority (the Office) to carry out its functions under the Migration Act 1958(theAct). 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 ifthe 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 yourpersonal details (such as your name, address and date of birth) may be given to a contractedinformation broker to examine information held on the Australian Securities and InvestmentCommissions public register relating to bankruptcy or corporate involvement. Documentsprovided by you to support an application to be a migration agent can be referred to the issuingauthority (either overseas or in Australia) for authentication.

Attachments:

Wherever your answer to a question has this symbol next to it, you will need to attachadditional 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 youcomplete the form. Before you send your application please check that you have includedall your required attachments.

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Application for Registration

Form M01

Australian GovernmentOffice of the Migration Agents



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1 Your name (to appear on the Register of Migration Agents)

Mr Mrs Ms Other

Family name(s)

All given names

This question relates to your name at ANY TIME IN YOUR

LIFE and inANY COUNTRY.

Have you ever been known by, or used, any other name?

Have any documents referring to you ever used a differentname to that given in Question 1?

These could include, but are not l imited to: aliases,maiden (family) name, different name(s) at birth,name(s) from previous marriage(s).

No Go to next question

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

You must include ALL these names and ALL COMBINATIONS

of these names in your AFP check.

Family name(s)

All given names

Reason for change

Marriage Other Explain reason below

2

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

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

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

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

Family name(s)

All given names

Reason for change

Marriage Other Explain reason below

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

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

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

3 Date of birth (day / month / year)

4 Country of birth

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

6 Are you a permanent resident of Australia?No

Yes

7 Are you a New Zealand citizen with a Special Category Visa?No If you answered No to questions 6 and 7, and

you are not an Australian Citizen, please refer to

Information Sheet OMARA 0103.

Yes

8 Your residential addressWe may need this for the service of documents pursuant toDivision 3A and 4A of Part 3 of the Migration Act 1958.

Street address (NOT A PO BOX)

Suburb / town

State Postcode Country

Telephone Facsimile

Mobile phone

9 Email address for display on the Register of Migration Agents

Please take note of how the Office and DIAC will use the address tocommunicate with you. Further information is available on page 4 of the

Cover letter for the application package.

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Go to 8

Form M01

Go to next question

Application for Registration

Australian GovernmentOffice of the Migration Agents



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11i) Do you propose to give immigration assistance as a director,executive officer, employee or voluntary worker of an

association or incorporated association?

No

Yes Give the following details of the associationsbusiness.

If more than one association, please use a photocopy of this

page.Registered name of the association


Suburb / town


Telephone Facsimile

ABN

Web address

ii) Relationship to association:

director

executive officer

employee

voluntary worker

Go to next question

10 You must answer ALL of questions 10 to 15 If you need a quick guide to different types of business structure please

refer to Information Sheet OMARA 0300.

i) Do you propose to give immigration assistance as a member,

employee, consultant or independent contractor of a partnership?

No

Yes Give the following details of the partnershipsbusiness.

If more than one partnership, please use a photocopy of

this page.

Registered name of the partnership


Suburb / town


Telephone Facsimile

ABN

Web address

ii) Relationship to partnership:

partner

employee

consultant

independent contractor

voluntary worker

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

fixed orfloating), mortgage and/or other security oversome or all of the assets of the business?

No

Yes You will need to include these

individuals when answering questions 42 to 48.

Go to next question

Go to next question


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13 i) Do you propose to give immigration assistance as an employee,consultant or independent contractor of anotherindividual (not acompany, association or partnership)?

No

Yes Give the following details of your employers

business.

If more than one business in this category, please use a photocopy

of this page.

The name under which the employers business will operateThis could be the individuals own name if the name is not registered.

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

Suburb / town


Telephone Facsimile

ABN

Web address

ii) Relationship to business:

employee

Consultant

Independent contractor

voluntary worker

iii) Are there any individuals who hold a charge (whetherfixed orfloating),

mortgage and/or other security over some or all of the assets ofthe business?

No

Yes You will need to include these individuals when

answering questions 42 to 48.

Go to next question

Go to next question

12 i) Do you propose to give immigration assistance as a director,executive officer, employee, consultant, independent contractor

or voluntary worker of a corporation, Solicitors Corporation or

Incorporated Legal Practice?

No

Yes Give the following details of the corporationsbusiness.

If more than one corporation in this category, please use

a photocopy of this page.

Business name

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

Suburb / town


Telephone Facsimile

ABN

Web address

ii) Relationship to corporation:

director

executive officer

employee

voluntary worker

consultant

independent contractor

iii Are there any individuals who hold a charge (whetherfixed orfloating),

mortgage and/or other security over some or all of the assets of the

business?

No



Go to next question

Go to next question


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14 i) Do you propose to give immigration assistance as a non-incorporated sole t rader?

No

Yes Give the following details of your migrationagents business

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.

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

Suburb / town


Telephone Facsimile

ABN

Web address

ii) Relationship to sole trader business:

sole trader/owner with no employees

sole trader/owner with employees

iii) Do you employ or work with consultants or independent contractors?

No



iv) Are there any individuals who hold a charge (whetherfixed orfloating),

mortgage and/or other security over some or all of the assets of the

business?

No

Yes You will need to include these individuals

when answering questions 42 to 48.

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15 Do you intend to give immigration assistance as an employee of agovernment department or agency (Commonwealth, State, Territory

or local government)?

No

Yes Give the details of your employer

If more than one business in this category, please use a

photocopy of this page.

Name of government department or agency

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

Suburb / town


Telephone Facsimile

ABN

Web address

16 Of the businesses named in questions 10 to 15, which ONEdo you want listed on the Register of Migration Agents as yourmain business?

Tick the box for the question number applicable.

10 11 12 13 14 15

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?

No

Yes

18 Are you an individual who intends to act on a commercial or forprofit basis, or as a member of or a person associated with, an

organisation that operates on a commercial or for-profit basis?

No

Yes

19 Do you intend to collect money from clients in advance of work beingcompleted or for disbursements?

No

Yes

Go to question 16

Go to next question


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20 Are you an individual who intends to act on a non-commercial ornon-profit basis, and as a member of or a person associated with, an

organisation that operates in Australia solely on a non-commercial or

non-profit basis?

No

Yes

21 Do you intend to give immigration assistance for which a fee is to becharged?No

Yes

22 Did you answer Yes to either question 18OR 21?No Give the postal address below for the non-commercial

or non-profit organisation in Australia for whom you will

give immigration assistance. The address must match the Office of the

MARAs records for this organisation.

Yes Give the postal address below to which notices areto be sent.

If this address is not in Australia, your attention is drawn to point4 of the Statutory Declaration on page 11 of this form.

Postal address

Suburb / town


23 Do you hold a current practising certificate as a Solicitor, Barrister,Barrister and Solicitor or Australian Legal Practitioner?

Yes Attach copy of practising certificate.

No

24Will your practising certificate be valid for 28 days after youhave signed this application?

Yes Yes

No Have you applied for your practisingcertificate to be renewed?

Yes You wil l need to send the newpractising certificate before yourapplication can be approved.

No

25 Did you answer Yes to question 23?No

Yes

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26 Have you satisfied the requirements for the award of the GraduateCertificate in Australian Migration Law and Practice from the Australian

National University, Griffith University, Murdoch University or Victoria

University and completed the common assessment items relating toregistration in the previous 12 months?

No If you answered No to questions 23, 24

and 26 you do not qualify for registration

as a migration agent. Please do not apply

for registration as there can be no refund ofyour application fee.

Yes Date of completion --------/--------/-----------------

27 Have you achieved an overall score of at least 7 in an AcademicIELTS test, with a minimum score of 6.5 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

Yes Date of test ____/____/_______

Test Certificate/candidate number ___________________________

28 Have you achieved an overall score of at least 100 in an InternetBased 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

Yes Date of test ____/____/_______

Test Certificate/candidate number __________________________

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 atthe school;

and

(ii) a Bachelor degree or higher degree, with a minimum of three years

equivalent full-time study, where:the degree was awarded by an Australian, New Zealand, UK or

Canadian University; and

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.

No

Yes

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

the school;

and(ii) a Bachelor degree or higher degree, with a minimum of three years

equivalent full-time study, where:

the degree was awarded by a university in a country where

English is the predominant business and community language;

and

the study was undertaken while you were residing in the country

where the degree was awarded; andEnglish was the language of instruction at the University.

No

Yes These applications will be considered ona case by case basis.

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37 To the best of your knowledge and belief, is any disciplinary actionbeing taken, or has been taken against you that has not previously

been declared to the former Migration Agents Registration Authority

(the MARA) or the Office?

No

Yes

38 To the best of your knowledge and belief, have you ever been or areyou now the subject of a complaint investigated by the former MARA

or the Office ?

No

Yes

39 To the best of your knowledge and belief, have you ever been or areyou now the subject of an investigation by an educational institution on

the grounds of academic misconduct?

No

Yes

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

No

Yes Will you have any employees?

No

Yes

41 Before answering questions 42 to 48, you should read sections278 and 290 of the Migration Act 1958.

These questions relate to individuals who are related by employment

to you.

Related by employment includes ALL employees, employers,consultants, independent contractors, partners, directors and

executive officers, individuals w ho hold 25% or more shares issued

by a corporation, individuals who hold a charge (whether fixed or

floating) or a mortgage or any other form of security ov er some or

all of the assets of the business.

You will need to get information from these people to answerquestions 42 to 48.Please refer to Information Sheet OMARA 0110.

Did you ask individuals who are related by employment to you about the

matters in questions 42 to 48? No You will need to attach a statement as to why you

did not ask the persons about the matters in thesequestions.

Yes

42 If ANY individual who is related by employment to you does not wishto disclose the answers to t hese questions to you, they may writedirectly to Office of the Migration Agents Registration Authority

with their answers.

Is ANY individual who is related by employment to you making a writtensubmission?

NoYes Please refer to Information Sheet OMARA 0110.

31Do you have evidence, other than the above, that demonstrates youcurrently have an English language proficiency equivalent to an IELTSscore of at least 7 in the Academic module or a TOEFL score of 100?

No

Yes These applications will be considered on acase by case basis. Please give details below.

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------------------------------------------------------------------------------------------If you answered No to ALL of questions 23 to 31, you do notqualify for registration as a migration agent. Please do notapply for registration as there can be no refund of yourapplication fee

32 Have you ever been declared bankrupt?

No

Yes

33 Have you been a director or executive officer of a corporation whichbecame insolvent whilst you were a director or executive officer?

No

Yes

34 Has there ever been afinding of guilt against you for a criminal offence(except a conviction that is spent under Part VIIC Crimes Act1914

(Cth))?

No

Yes

35 Are you the subject of any criminal proceedings?No

Yes

36 To the best of your knowledge and belief, have you been, or areyou currently, the subject of an inquiry or investigation, includingthose by: a department or agency of the Commonwealth; or

a department or agency of a State or Territory of Australia; or

a professional association; or

a corporate regulatory agency; or

a consumer protection organisation?

No

Yes

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43 To the best of your knowledge and belief, are you aware of anybankruptcy (present or past) of ANY individuals who are related by

employment to you?

No

Yes

44 To the best of your knowledge and belief, are you aware of anyfindingof guilt against (present or past) of ANY indviduals who are related byemployment to you for a criminal offence (except a conviction that isspent under Part VIICCrimes Act 1914 (Cth))?

No

Yes

45 To the best of your knowledge and belief, are you aware of ANYindividuals who are related by employment to you that are currently or

have previously been the subject of an investigation or an inquiry bya professional association, corporate regulatory agency or consumer

organisation?

No

Yes

46 To the best of your and knowledge and belief, are you aware of ANYindividuals who are related by employment to you, that are currently orhave previously been the subject of an complaint investigated by the

Migration Agents Registration Board, the former MARA or the Office?

No

Yes

47 To the best of your knowledge and belief, are you aware of ANYindividuals who are related by employment to you, that are currently or

have previously been the subject of an investigation by a department

or agency of the Commonwealth or a State or Territory of Australia?

No

Yes

48 To the best of your knowledge and belief, is any disciplinary actionbeing taken, or has been taken against ANY individuals who are relatedby employment to you, that has not previously been declared to the

former MARA or the Office?

No

Yes

49 Have you obtained the results of your Australian Federal Police NationalName Check forall names you have been known by or used as

stated in Question 2?

No This is required. Please refer toInformation Sheet OMARA 0112.

Yes

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50 Have you been registered as a migration agent in Australia at any timein the previous twelve months?

No

Yes Your application cannot be accepted on this

form. Please complete form M9901 or M9903

if you are currently registered or M9902 if you

have been registered at some t ime in thelast 12 months.

51 Have you ever applied for registration as a migration agent underAustralian law?

No

Yes Date(s) of previous application (s)

Migration Agent Registration number(s) or reference number(s)

52 Have you ever given immigration assistance in Australia while not

registered?No

Yes

53 Have you made immigration representations for a fee or reward inAustralia while not registered?

No

Yes

54 Have you advertised yourself as giving immigration assistance in

Australia while not registered?No

Yes

55 Have you read and understood Part 3 of the Migration Act 1958 and theMigration Agents Regulations 1998 containing Schedule 2, the Code

of Conduct, and Schedule 1 which details Continuing Professional

Development requirements?

No You must read and understand these documentsbefore you make your application.

Yes

56 Will you maintain a professional library as defined in clause 2.5 of theCode of Conduct from the date of registration?

No You are required by law to maintain a professionallibrary. See Information Sheet OMARA 0109 fordetails of the content of a professional l ibrary.

Yes

57 Do you understand and will you comply upon registration with therequirement of keeping separate accounts with afinancial institution for

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 clientsaccount with afinancial insti tution in accordancewith 7.1 of the Code of Conduct.

Yes

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61 Please indicate your method of payment for the (non-refundable) ap-plication fee.

cheque

money order

BPAY

Please include a copy of yourBPAY receipt in order for your paymentto be matched with your application.

NB: Cheques (bank or other) and money orders must be in Australian

dollars and drawn on a bank with representation in Australia.

58 Do you have professional indemnity insurance of a kind prescribed bythe Regulations?See Information Sheet OMARA 0400.

No You do not qualify for registration. Please DO NOTapply for registration as there can be no refund

of your application fee.

Yes

59 You are required to attach two passport-sized photographs of yourselftaken within the last 12 months, as specified in Information SheetOMARA 0001. A copy of the photograph will be printed on your

certificate of registration.

Do you wish to have your photograph also displayed on the Offices

web page of the Register of Migration Agents?

No

Yes

60 The Office has implemented password protected access to controlledareas 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 onenumber and contain no spaces).

Password.

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Registered toBPAYPty Ltd ACN 079 137 518

Go to next page

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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Q2. If Yes; CERTIFIED evidence of use of other names or change of

name where those names have been official.

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

form of a citizenship certificate, bio-data page of passport or a birth

certificate.

Q6-7. If Yes; the documents listed in Information Sheet OMARA 0103.

Q10. If Yes; a list of the names of the partners on the partnerships

letterhead and a CERTIFIED copy of the current Business Name

Registration for the partnership.

Q11. If Yes; a CERTIFIED copy of the current business name registration

for the association and/or certificate of incorporation as an association.

Q12. If Yes and organisation is a Corporation or Incorporated Legal

Practice; a current Australian Securities and Investments Commission

(ASIC) search showing names of directors and shareholders, and any

charges (eitherfixed orfloating) over some or all of the assets of the

corporation. This must be an ASIC Current and Historical Company

Extract, not a certificate of registration or your annual return.If Yes, and organisation is a Solicitors Corporation; a CERTIFIED copy

of the Certificate of Registration and a statutory declaration declaring

that the organisation is a Solicitors Corporation.

Q13. If Yes; AND business name is registered; a CERTIFIED copy of

the current business name registration for EACH business name used.

Q14. If Yes; AND business name is registered; a CERTIFIED copy of

the current business name registration for EACH business name used.

Q17. If Yes; please provide written confirmation from your employer confirming

they are aware you are applying and there is no conflict of interest.

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-commercial or non-profit organisation on the organisations letterhead.

Q23. If Yes; a CERTIFIED copy of your practising certificate.

Q24. If Yes; a statutory declaration stating that you have applied for

renewal of your practising certificate.

Q26. Letter of Completion acknowledging that you have satisfied the

requirements for the award of the Graduate Certificate in Australian

Migration Law and Practice and have achieved a minimum of 50% score

on the common assessment items relating to registration.

Q27. If Yes; attach a CERTIFIED copy of your IELTS test results.

Q28. If Yes; attach a CERTIFIED copy of your TOEFL test score

results.

Q29. If Yes;CERTIFIED copies of evidence as specified in Information

Sheet 0106 English Language.

Q30. If Yes;CERTIFIED copies of evidence as specified in Information

Sheet 0106 English Language.

Q31. If Yes; attach evidence to support your claim and CERTIFIED

copies of original documents where applicable.

Q32. If Yes; the documents listed in Information Sheet OMARA 0104.

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.



Q36. If Yes; attach the following information: description of the matter

investigated, dates, name of investigative body, results of investigation,

letter or other written evidence.

Q37. If Yes; attach the following information: description of the matter,

dates, names of professional association, disciplinary action being

considered or taken, letter or other written evidence.

Q38. If Yes; attach the following information: description of the matter

investigated, dates, results of investigation, letter or other written

evidence.

Q39. If Yes; attach the following information: name of educationalinstitution, description of the matter investigated, dates, results of

investigation, letter or other written evidence.

Q41. If No; attach statement.

Q43. If Yes; attach the following information: name of individual, position

within the organisation, brief details about the matter.









Q48. If yes; attach the following information: name of individual, positionwithin the organisation, brief details about the matter.

Q49. If Yes; attach the ORIGINAL copy of your Australian Federal Police

National Name Check. See information sheet OMARA 0112 for details.

Q52. If Yes; attach a statement giving details of any immigration

assistance given while not registered.

Q53. If Yes; attach a statement giving details of any representations

given for a fee or reward while not registered.

Q54. If Yes; attach a statement giving details of any advertising for

immigration assistance while not registered.

Q58. If Yes; attach a copy of the policy schedule. See Information sheet

OMARA 0400.

Q59. TWO passport-sized photographs. On the back of ONE of the

photos a person authorised to witness a statutory declaration must write

the following statement: This is a true photograph of insert your full

name. And then, place his or her signature under the statement. See

Information Sheet OMARA 0001.

Q61. Cheque, money order or BPAY receipt number for registration

application fee (NOT REFUNDABLE).

CHECKLIST

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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;

and2. 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 thefinancial instrument to theCommonwealth of Australias 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 mylegal 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; and6. 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 publicinformation 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 inevery 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 1A person who intentionally makes a false statement in a statutory declaration is guilty of an offence, the punishmentfor which is imprisonment for a term of 4 years - see section 11 of the Statutory Declarations Act 1959.

NOTE 2Chapter 2 of the Criminal Code applies to all offences against the Statutory Declarations Act 1959 - see section5A of the Statutory Declarations Act 1959.

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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 on information sheet OMARA 0111 or by using either of the following web sites: or

.


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NOTIFIABLE EVENTS

Registered migration agents have obligations under section 312(1) Migration Act 1958. Section312(1) provides that:

A registered migration agent must notify the Office of the Migration Agents Registration Authority inwriting 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 aState or Territory;

ea. if he or she paid, in relation to his or her current period of registration, the charge payableunder 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 giveimmigration assistance in that capacity;

fa. he or she becomes a member of a partnership and will give immigration assistance inthat 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 immigrationassistance 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 afine of up to $11,000.

Page 1 of 1

InformationSheet

OMARA 0101


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APPLICANTS WHO ARE NOT AUSTRALIAN CITIZENS

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

1. PERMANENT RESIDENTPlease provide certified copies of the photo page and proof of your permanent residency status fromyour 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 andgranted at immigration clearance only, it is not possible for the holder to be offshore. Therefore theholder of a New Zealand Special Category Visa (visa sub-class 444) at the time of the application toregister the individual to become a migration agent, needs to supply:

CERTIFIED copy of their Passports 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 weeksof receipt of a complete application).

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

InformationSheet

OMARA 0103Page 1 of 1


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DISCLOSURE OF BANKRUPTCY IN APPLICATIONS

The Office of the Migration Agents Registry Authority (the Office) is required to take into account whetheran individual is a fit and proper person and with respect to bankruptcy these obligations are set out insections 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 thefollowing information with their application. Failure to provide all of the requestedinformation 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 Affairsyou filed with either the Federal Court of Australia or the Official Receiver at ITSA. A copy of anyreports issued by the trustee of your bankrupt estate including any documentation which disclosesthe 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 MagistratesCourt concerning your bankruptcy.

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

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

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

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

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

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DISCLOSURE OF FINDINGS OF GUILT

Commonwealth legislation relating to the collection, use and disclosure of information concerningprevious convictions came into effect on 30 June 1990. This is commonly known as the SpentConviction 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 anindividual is a fit and proper person and with respect to a finding of guilt. These obligations are setout 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 followinginformation with their application. Failure to provide all of the requested information may result insignificant 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 foreignoffence:

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;anda statutory or regulatory exclusion does not apply.

The scheme also covers convictions that have been set aside or pardoned under Part VIIC for the

CrimesAct 1914. An individual whose conviction is protected by the Act does not have to disclosethat conviction to any person, including a Commonwealth authority.

Please provide:

1. Details of thefinding of guilt including:Offence;Date of Offence;Date of Sentencing; andPenalty imposed, if any;

2. Copies of any receipts in relation tofines or other similar matters; and3. Copy of judgement, if any; and4. Any other information which may assist the Office in consideration of your application.

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REQUIREMENT TO DEMONSTRATE ENGLISH LANGUAGEPROFICIENCY

An individual who is applying for initial registration as a migration agent must demonstrate theirproficiency in the use of the English language. Questions 27 to 31 on pages six to seven of theM01 form will assist you in determining whether you meet the requirement. If you do not satisfy therequirements below you should think carefully before applying for registration as a migration agentas 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 willbe subject to a new increased English Language Standard. In order to satisfy the increased EnglishLanguage Standard, applicants will need to provide documentary evidence (must be certifiedcopies) 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 yearsprior to lodgement of an Application for Registration as a Migration Agent;ORan 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) undertakennot more than 2 years prior to lodgement of the Application for Registration as a MigrationAgent;ORevidence 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;ORevidence that the person has successfully completed:

o matriculation level (see Note 1) with a pass in English (not English as aSecond Language) where English was the language of instruction at theschool; AND

o a Bachelor degree, or a higher degree, with a minimum of 3 yearsequivalent full-time study, where:

the degree was conferred by an Australian, New Zealand, UKor 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 HigherSchool 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 languagewill be considered on a case by case basis.

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OMARA 0106


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For applicants who do not meet the criteria specified above, consideration will be given on acase by case basis to applicants who were born, educated and spent their formative years in acountry 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 certificatethree year Bachelor or higher and results showing a pass in English (not as adegree 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 countrywhere you matriculated and where your degree wasawarded. This could include certified copies ofpages of your passport with visas and entry/exitstamps. If you were born in the country where youundertook all your study, a copy of your birth

certificate and transcripts of your results may besufficient evidence. Other evidence of residencecould include tenancy agreements, employmentcontracts etc. If these documents are not appropriatein your situation or you are unable to provide themand you are not sure what evidence you need, pleasecontact us by phone or by email to discuss youcircumstances.

Matriculating and achieving a three As aboveyear Bachelor (or higher) degree in a

country where English is thepredominant business and communitylanguage.Being born, educated and spending You need to provide evidence such as your birthyour formative years in a country certificate, school reports, educationalwhere English is the predominant qualifications etc.business and community languagePlease note: Other evidence may be requested during processing of your application at thediscretion 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 yourapplication. If you do not undertake the test or achieve an acceptable score within the timeframe provided, your application may be refused.



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PRESCRIBED QUALIFICATION/ EXAM/ COURSE

Applicants are required to ensure that they comply with the legislation which applies at the time of theirapplication. If you are unable to determine what current legislative requirements are applicable then youshould 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 anAustralian 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 dont 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 forregistration being received:

completed the Graduate Certificate in Australian Migration Law and Practice at the Australian

National University, Griffith University, Murdoch University or Victoria University;ANDpassed the common assessment items relating to registration, which form part of the GraduateCertificate in Australian Migration Law and Practice at those same universities.

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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 issatisfied that he or she:

(c) has completed a prescribed course within the prescribed period and haspassed 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 theAuthoritys 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

Authoritys web site.

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

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



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InformationSheet

OMARA 0001

PHOTOGRAPH SPECIFICATIONS

Size not smaller than 35x45mm, no larger than 40x50mmGood quality color with no ink or marks on the imageImage not too dark or too lightImage not too close or too distantFull front view head and shouldersEyes openIf 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.

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 grainyBe adviced - Digital or Video cameras photographs usually produced low

quality photographs with excessive moire effects.

NOTE:

The quality of the photograph on the registration certificate will reflect thequality of the photograph provided. Photographs with a matt finish usuallyreproduce without blemishes.

Photographs with a gloss finish tend to produce gloss blemishes. If thephotograph is stapled or bent through the use of paperclips the reproductionquality is significantly reduced.

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

Acceptable

To far away

Too light

Too dark

Unusual colours


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PROFESSIONAL LIBRARY

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

(i) maintain a professional library that includes the materials listed below; or(ii) if the agents 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 orshe 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 Offices 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 tomigration 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 MigrationRegulations 1994

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TABLES OF AMENDMENTS:

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 followingadditional 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:

LegendcomThe Department of Immigration and Citizenships Legendcom service contains all of the aboveand 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-supportor contact Legendcom directly on 1800 008 717.

LexisNexisLexisNexis provide the Australian Immigration Law service in both an electronic andhardcopy service.Australian Immigration Law brings together in one accessible source the Migration Act 1958,Migration Regulations 1994, migration agents legislation, international agreements, other relatedlegislation and gazettal information. The legislation contains historical information for each amend-ment. The Table of Amendments details all amending legislation, commencement and transitionalprovisions. 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 772or visit their website www.lexisnexis.com.au



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PRIVACY AND DISCLOSING INFORMATION

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

Section 278 of the Migration Act 1958states that For the purposes of this Part, an individual is relatedby employmentto 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 employmentto another individual inany other prescribed circumstance.

(3) In this section: employeeincludes a person engaged as a consultant or as anindependent contractor.

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

(1) For subsection 278(2) of the Act, an individual is related by employmentto 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 employmentto 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 employmentto 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.

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

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

Section 290(3) requires that the Office must consider the matters asked in Questions 37 to 43 of theApplication form, which are:

(a) any conviction of the individual of a criminal offence (except a conviction that is spentunder 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 thatthe 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 ofindividuals 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 tothe 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 personand indicate that it is a requirement of filling in the application form that you ask these questions. Youshould 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 thematter 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 aboutany matter to which he or she answers yes must be attached to the statutory declaration. The statutorydeclaration and any attachments should be sent to:

Registration ManagerOffice of the Migration Agents Registration AuthorityPO Box Q1551QVB NSW 1230

Please note, where an applicant has submissions being sent in by persons related by employment to theapplicant 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 DeclarationAct 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:

or

WARNINGThe giving of false or misleading information in this declaration is subject to penalties under theStatutory Declarations Act 1959, the Migration Act 1958 and the Migration Agents Regulations1998. The Statutory Declarations Act 1959, for example, provides for penalties of up to four yearsimprisonment.

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 application to

become a migration agent; AND2. 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; AND

There has/has not been a finding of guilt against me for a criminal offence (except a convictionthat is spent under Part VIIC Crimes Act 1914); AND

I am/am not subject to any criminal proceedings; 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 consumerorganisation; the former Migration Agents Registration Authority or the Office of the MARA,(the Office) AND

To the best of my knowledge and belief, I have/have not been the subject of a complaintinvestigated by the former Migration Agents Registration Authority or the Office of the MARA,(the Office) AND

To the best of my knowledge and belief, I have/have not been the subject an investigation bya Department or Agency of the Commonwealth or a State or Territory of Australia; .


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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 personof integrity and that I am related by employment to the applicant and therefore considers that theapplicant 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 MigrationAct 1958.

5. I understand that if the applicant is refused registration and one of the grounds for refusal is thefact that I am not a person of integrity and that I am related by employment to the applicant that theapplicant may apply to the Administrative Appeals Tribunal for a review of that decision and thatthe 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 theDepartment 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 isguilty of an offence under section 11 of the Statutory Declarations Act 1959, and I believe that thestatements 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 anoffence, the punishment for which is imprisonment for a term of 4 years - see section 11 of the StatutoryDeclarations Act 1959.

NOTE 2: Chapter 2 of the Criminal Codeapplies 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

InformationSheet



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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

OMARA 0111Page 2of 4


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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

Sheriffs 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

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 isregistered 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 companys 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.

InformationSheet



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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 thebusiness 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 arejointly liable.

The partnership is r

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