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A registered migration agent who wishes to remain unknown, has managed to get into Sydney Airport international departures area with her Australian passport and without a boarding pass on the weekend.
The migration agent went to take her son through customs at Sydney Airport. She was not flying with her son. The migration agent went through the customs hall and placed her passport on the scanner, then entered the departures hall without a problem. She did not complete a departures card and put it in the glass box as she was not departing.
The migration agent then said goodbye to her son, and proceeded to leave the airport departures hall. She tried to get out via the customs security gates. A security guard said 'you shouldn't be here'. The guard told the agent to tell border security that 'she had left her medication in the car' as the reason she needed to leave the departures hall. The agent was let out by Border Force, but the Border Force held her passport as they assumed that she was coming back to join a flight. The migration agent said 'I am not coming back and I just came in to see my son off. I need my passport'.
The agent was reprimanded for entering the area without a boarding pass. She told the Border Force agent that she went in without a boarding pass without incident.
The migration agent was then escorted downstairs to the Australian Federal Police (AFP) office and man from the AFP asked if she had a criminal record. She was also asked if she had been arrested before. No and No.
Being a RMA was not disclosed or discussed at the time with the Border Force or the AFP.
Whilst the migration agent was waiting in the the AFP office, she rang two lawyers to assist her should she get arrested. Fifteen minutes later she was handed a $425.88 fine and told never to do it again.
A copy of the receipt has been made available to Migration Alliance.
The tax invoice/receipt is from the Department of Immigration and Border Protection (DIBP) with it's logo at the top left. It is not from the AFP.
Under the product and description on the tax invoice it provides no description, just a reference number. It is made up of a $420 fine and a $5.88 credit card surcharge as the fine was paid by American Express.
The migration agent is an Australian born Australian citizen.
Are there any legal eagles out there that think it is a little odd for the DIBP to be fining Australian citizens?
DIBP operates as Border Force at the Int Airport which used to be "Customs".
What was the power exercised to authorise the issuance of the fine? The Customs Act 1901?