7Definitions

7 Definitions

Note: See also section 8 (expressions have same meaning as in Part 3 of the Act).

In this instrument:

Act means the Migration Act 1958.

Authority means the Migration Agents Registration Authority.

business: a migration agent’s business consists of the following members:

(a) the agent;
(b) any individual who is related by employment to the migration agent.

client money: see section 10.

consumer guide means the guide, as existing from time to time, produced under subsection 43(1) of the Migration Agents Regulations 2026.

Note: The consumer guide could in 2026 be viewed on the Authority’s website (http://www.mara.gov.au).

covers: a service agreement covers:

(a) each client to whom immigration assistance is to be given under the agreement; and
(b) the immigration assistance that is to be given under the agreement.

employee includes:

(a) a person engaged as a consultant or as an independent contractor; and
(b) a person engaged as a volunteer.

engage in conduct means:

(a) do an act; or
(b) omit to perform an act.

financial institution means a body corporate that, as part of its normal activities:

(a) takes money on deposit and makes advances of money; and
(b) does so under a regulatory regime, governed by the central bank (or its equivalent) of the country in which it operates, that the Minister is satisfied provides effective prudential assurance.

fixed fee: see subsection 46(2).

futile: see subsection 19(3).

government official includes the following:

(a) the Minister;
(b) a member of the Minister’s staff;
(c) the Department (including the Authority);
(d) an officer of the Department;
(e) a review authority;
(f) a member of a review authority’s staff;
(g) any other person performing functions or exercising powers under the migration law.