STATUTORY RULES.
1959. No. 36.
REGULATIONS UNDER THE NATIONALITY AND CITIZENSHIP ACT 1948-1958.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Nationality and Citizenship Act 1948-1958.
Dated this 21st day of May, 1959.
W.J. Slim
Governor-General.
By His Excellency’s Command,
Minister of State for Air
Acting for and on behalf of the
Minister of State for Immigration.
Amendments of the Citizenship Regulations.†
Commencement.
1. These Regulations shall come into operation on the first day of June, 1959.
Interpretation.
2. Regulation 3 of the Citizenship Regulations is amended—
(a) by omitting from sub-regulation (1.) the definitions of “registered agent” and “the Secretary”; and
(b) by inserting after sub-regulation (1.) the following sub-regulation:—
“(1a.) For the purposes of these Regulations, a person shall be deemed to act as a citizenship agent if he demands or receives a fee, commission or other reward for or in relation to services rendered or to be rendered by him in respect of an application under the Act.”.
3. Regulations 22 to 29 (inclusive) of the Citizenship Regulations are repealed and the following regulations inserted in their stead:—
Persons proposing to act as immigration agents to give notice to Department.
“22.—(1.) After the expiration of thirty days from the date of commencement of this regulation, a person shall not act as a citizenship agent unless he has—
(a) delivered to the Secretary or an authorized officer a notice of his intention to do so in accordance with Form M; and
(b) received an acknowledgement in writing of the receipt of the notice.
Penalty: Fifty pounds or imprisonment for six months.
* Notified in the Commonwealth Gazette on 28th May, 1959.
† Statutory Rules 1956, No. 112, as amended by Statutory Rules 1959, Nos. 23 and 27.
3183/59.—Price 3d. 9/15.5.1959.
“(2.) Upon receipt by the Secretary or an authorized officer from a person of a notice referred to in paragraph (a) of the last preceding sub-regulation, the Secretary or the authorized officer shall send, or cause to be sent, by post to that person, at the business address specified by that person in the notice, an acknowledgment in writing of receipt of the notice.
“(3.) Sub-regulation (1.) of this regulation does not apply to a person who was, immediately before the commencement of this regulation, a registered agent for the purposes of the Citizenship Regulations as then in force.
Minister may direct persons not to act as citizenship agents.
“23.—(1.) Where the Minister is satisfied that a person is not a fit and proper person to act as a citizenship agent, the Minister may, by notice in writing, direct that person not to act as a citizenship agent.
“(2.) Where a direction under the last preceding sub-regulation is in force in respect of a person, that person shall not—
(a) act as a citizenship agent;
(b) describe himself as a citizenship agent or by words which suggest that he is a person who acts, or is prepared to act, as a citizenship agent; or
(c) advertise that he renders or is prepared to render services in respect of applications under the Act.
Penalty: Fifty pounds or imprisonment for six months.
“(3.) A person in respect of whom a direction is in force under sub-regulation (1.) of this regulation is not entitled to sue for or set-off any fee, commission or other reward for services in respect of an application under the Act.
Persons not to describe themselves as registered or approved citizenship agents.
“24. A person shall not describe himself by words which suggest that he is registered or approved as a person who may act as a citizenship agent.
Penalty: Fifty pounds or imprisonment for six months.
Maximum charges by citizenship agents.
“25.—(1.) The charge which may be made by a citizenship agent for the following service shall not exceed Two pounds two shillings:—
Attending on a principal in connexion with the drawing of an application, or documents relating to an application, under the Act and drawing, engrossing and filing the application and other documents (if any).
“(2.) Where a maximum charge for a service was fixed under this regulation at the time the service was rendered, then, notwithstanding the terms of any agreement, a person shall not demand or receive in respect of that service an amount which, together with any amount previously received in respect of that service, exceeds the maximum charge so fixed.
Penalty: Fifty pounds or imprisonment for six months.
“(3.) The amount received in respect of a service referred to in the last preceding sub-regulation is, to the extent that it exceeds the maximum charge fixed for the service, repayable and may be sued for and recovered in a court of competent jurisdiction.
Minister may fix maximum charges.
“26.—(1.) Where a person proposes to render, or has, after the commencement of this regulation, rendered, a service in respect of an application under the Act and the maximum charge for the service has not
been, or was not at the time the service was rendered, fixed by or under these Regulations, the Minister may, by notice in writing to that person, fix the maximum charge that may be made by that person for that service.
“(2.) The Minister shall not fix the maximum charge for a service later than one year after the service was rendered.
“(3.) After the Minister fixes the maximum charge that may be made by a person for a service, then, notwithstanding the terms of any agreement, the person shall not demand or receive in respect of that service an amount which, together with any amount previously received in respect of that service, exceeds the maximum charge so fixed.
Penalty: Fifty pounds or imprisonment for six months.
“(4.) Where the Minister fixes the maximum charge that may be made by a person for a service, the amount received by the person in respect of the service, whether or not received, in whole or in part, before the Minister so fixed the maximum charge, is, to the extent that it exceeds that maximum, repayable and may be sued for and recovered in a court of competent jurisdiction.
Particulars of fees, &c., to be furnished.
“27. A person shall, if required so to do by an authorized officer by notice in writing, furnish in writing to the authorized officer, within the time specified in the notice, particulars of any fee, commission or other reward charged or proposed to be charged by him, or of any agreement entered into or proposed to be entered into by him, in respect of an application under the Act.
Penalty: Fifty pounds or imprisonment for three months.”.
Second Schedule.
4. The Second Schedule to the Citizenship Regulations is amended by omitting Form M and inserting in its stead the following form:—
Form M.
Regulation 22.
Commonwealth of Australia.
Citizenship Regulations.
NOTICE OF INTENTION TO ACT AS A CITIZENSHIP AGENT.
I, , of , hereby give notice under sub-regulation (1.) of regulation 22 of the abovementioned Regulations that I intend to act as a citizenship agent under the above-mentioned Regulations.
2. I give the following particulars about myself:—
Full name
Date and place of birth
Nationality
Nature of business
Business address
Private address
Dated this day of , 19 .
(Signature
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.