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Immigration Advisers Licensing Act 2007

Regulation of immigration advisers - Offences

72: Additional penalty for offence involving commercial gain

You could also call this:

“Extra punishment if you made money by breaking immigration advice rules”

If you break certain laws about immigration advice, you might have to pay extra money. This happens if you made money by breaking these laws. The court can make you pay up to the amount of money you made.

The court will decide how much money you made by breaking the law. They will use the same way of proving things that they use in non-criminal cases.

This extra payment is on top of any other punishment you might get for breaking these laws. It applies to three specific laws about immigration advice.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM407381.

Topics:
Immigration and citizenship > Visas Crime and justice > Criminal law
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71: Reparation, or

"Paying back people you hurt when breaking immigration rules"

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73: Offences also apply outside New Zealand, or

"You can get in trouble for breaking this law even if you're not in New Zealand"

Part 1 Regulation of immigration advisers
Offences

72Additional penalty for offence involving commercial gain

  1. In addition to any penalty imposed on a person convicted under any of sections 63, 67, and 68, the court may, if satisfied that the offence occurred in the course of producing a commercial gain, order that person to pay an amount not exceeding the value of the commercial gain.

  2. The value of any gain must be assessed by the court.

  3. The standard of proof for the purposes of this section is the standard of proof that applies in civil proceedings.