Australian Immigration Daily News

Section 316 sets out the functions of the OMARA. 

In a confusing email being sent out by an OMARA delegate, which may lead agents to believe that they are compelled to respond, the wording wrongly states "The OMARA is authorised under section 316 (b) of the Act X (NO!!! the Act does not state the word 'authorised') to “… monitor the conduct of registered migration agents in their provision of immigration assistance and of lawyers in their provision of immigration legal assistance” and section 316 (g) of the Act to “… monitor the adequacy of any Code of Conduct”." 

Here is the real wording for that part of the Act:

MIGRATION ACT 1958 - SECT 316

Functions of Migration Agents Registration Authority

             (1)  The functions of the Migration Agents Registration Authority are:

                     (a)  to deal with registration applications in accordance with this Part; and

                     (b)  to monitor the conduct of registered migration agents in their provision of immigration assistance and of lawyers in their provision of immigration legal assistance; and

                     (c)  to investigate complaints in relation to the provision of immigration assistance by registered migration agents; and

                     (d)  to take appropriate disciplinary action against registered migration agents or former registered migration agents; and

                     (e)  to investigate complaints about lawyers in relation to their provision of immigration legal assistance, for the purpose of referring appropriate cases to professional associations for possible disciplinary action; and

                      (f)  to inform the appropriate prosecuting authorities about apparent offences against this Part or Part 4; and

                     (g)  to monitor the adequacy of any Code of Conduct; and

                     (h)  such other functions as are conferred on the Authority by this Part.

          (1A)  In performing its function under paragraph (1)(c), the Authority may start, or complete, an investigation of a complaint about a person at a time when he or she is no longer a registered migration agent.

          (1B)  However, the Authority can investigate a complaint about a former registered migration agent only if the complaint is received within 12 months after he or she ceased to be a registered migration agent.

             (2)  So long as the Institute is appointed under section 315, the Migration Agents Registration Authority also has the function of advising the Minister on the adequacy of any Code of Conduct.

Section 308 - The power to compel - the OMARA must use this power if it wants to compel an RMA to provide information

MIGRATION ACT 1958 - SECT 308

Requiring registered migration agents to give information

             (1)  The Migration Agents Registration Authority may require a registered migration agent:

                     (a)  to make a statutory declaration in answer to questions in writing by the Authority; or

                     (b)  to appear before an individual or individuals specified by the Authority and to answer questions; or

                     (c)  to provide the Authority with specified documents or records relevant to the agent's continued registration.

             (2)  If a registered migration agent appears before one individual to answer questions, that individual must record the questions and answers and give the record to the Authority.

          (2A)  If a registered migration agent appears before 2 or more individuals to answer questions, one of them must record the questions and answers and give the record to the Authority.

             (3)  A registered migration agent is not excused from giving information or providing a document on the ground that the information or provision of the document may tend to incriminate the person.

             (4)  However:

                     (a)  any information or document provided in response to a requirement under subsection (1); and

                     (b)  any information or thing (including any document) obtained as a direct or indirect result of information or a document provided in response to a requirement under subsection (1);

is not admissible in evidence against the registered migration agent in any criminal proceedings (except proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act or the regulations).

Section 309 comes after the Section 308 notice and is in relation to the OMARA's intention to refuse, cancel or suspend an RMAs registration, and is allows comment from the RMA prior to this occurring:

MIGRATION ACT 1958 - SECT 309

Persons may make submissions

             (1)  If the Migration Agents Registration Authority is considering refusing a registration application, it must inform the applicant of that fact and the reasons for it and invite the applicant to make a further submission in support of his or her application.

             (2)  If the Migration Agents Registration Authority is considering making a decision under section 303 to cancel or suspend a registered migration agent's registration, or to caution such an agent, it must inform the agent of that fact and the reasons for it and invite the agent to make a submission on the matter.

             (3)  In this section:

"submission " means:

                     (a)  a statutory declaration; or

                     (b)  a written argument.

My thinking:

Do not help the OMARA to start an investigation on you.  Don't give up random information on yourself which may be potentially self-incriminating.  If the OMARA want information from you then ask them to issue you with a section 308 notice based on something REAL and TANGIBLE.  Otherwise they are searching for information on you using the 316 letter and have nothing on you.  It is 'busy work' for them.