In this article, we will go over the subject of offences relating to decisions under Act. This includes the following Sections under Part 4 of the Migration Act:
Moreover, in this article we will also explore Sections under Division 1 of Part 4A of the Act. This includes the following Sections:
Section 334: Offences in relation to false or misleading statements regarding the making of decisions
This Section states that it’s illegal to:
- Mislead by making false statements about one’s or another’s capability to influence decisions under this Act.
- Mislead by making false statements about how actions, either one’s own or someone else’s, could impact decisions under this Act.
Breaking this law can result in a prison sentence of up to 2 years.
Section 335: Offence of undertaking, for reward, to cause decisions to be made etc.
A person must not enter an arrangement under which he or she undertakes, in return for a payment or other reward, that a decision under this Act to a particular effect will be made.
Section 336: Court May Order Reparation for Loss Suffered
S366 states that where:
- Someone is convicted of an offence under this section and another person suffers a loss as a result,
The court has the authority to, along with any penalty given to the offender, instruct the offender to compensate the affected person. This compensation, whether monetary or otherwise, will be determined by the court.
Secondly, if the court orders a monetary payment:
- The court’s clerk or an appropriate officer signs a certificate specifying the payment details.
- This certificate, once filed in a civil court with jurisdiction over the payment amount, becomes enforceable as a final judgment of that court.
However:
- Reparation cannot be ordered if the affected person has already received reimbursement under section 313.
- If the court orders reparation for an amount already paid by a person, it must specify in the order whether the reparation covers that amount. If stated so, the amount cannot be reclaimed under section 313.
Section 336A: Definitions
Furthermore, in Section 336A:
- “Data base” refers to a distinct body of electronically stored information containing indexes of individuals who have provided personal identifiers as required by this Act, along with their identifying details.
- “Destroy,” concerning identifying information, is as defined in subsection 336K(4).
- “Disclose,” in relation to identifying information (personal identifiers mentioned in paragraph (a) of the identifying information definition), encompasses providing unauthorised access to these identifiers.
Note: Section 336D covers authorised access to identifying information.
Furthermore, ”Identifying information” includes:
- Personal identifiers collected by the Department for purposes outlined in subsection 5A(3).
- Meaningful identifiers derived from such personal identifiers.
- Records resulting from the analysis of these personal or meaningful identifiers.
- Any other information, derived from these identifiers or related records, capable of revealing a specific person’s identity or obtaining information about them.
- “Permitted disclosure” is defined in subsections 336E(2) and (3).
- “Unauthorised impairment” is as defined in section 336J.
- “Unauthorised modification” is as defined in section 336J.
Section 336B:
S336B states that Section 15.4 of the Criminal Code (extended geographical jurisdiction – category D) applies to all offences against this Part.
Importance of Seeking Advice from Immigration Lawyers
Whether you wish to review a decision by the DHA or make a visa application, our team of migration lawyers are experts who can provide legal assistance. We can help you with a variety of visas including:
- skilled migration visas such as Skilled Independent (189) and Skilled Nominated (190)
- employer sponsored visas
- student visas
- partner visa (or fiance visas/ spouse visas)
- temporary skilled shortage visas
- regional visas
Our immigration services include appeals, document gathering, assessing eligibility, helping with skills assessment etc. For more information on offences relating to decisions under act, reach out to our team.
Contact us today.
