12 Exemption, or removal of exemption, by Order in Council


The Governor-General may, by Order in Council, make regulations—


exempting any person or class of persons from the requirement to be licensed as immigration advisers:


removing in whole or in part the exemption provided for in section 11(h).


Regulations under subsection (1)(a) may be made only on the recommendation of the Minister given in accordance with section 13.


Exemptions under subsection (1) must be classed as one of 2 categories:


category 1 exemptions, exempted on the basis that—


there is little consumer benefit to be gained by requiring members of the exempt class to be licensed; and


there are sufficient processes in place to ensure competent and ethical conduct; and


category 2 exemptions, for persons in professions or occupations that, under their own statute, have their own disciplinary procedures that could apply to the provision of immigration advice, and prescriptive requirements as to conduct.


An exemption under subsection (1)(a) may be subject to any terms and conditions specified in the regulations.


Subject to subsection (6), a person exempt under any of paragraphs (a), (b), (c), (d), (f), (g), (h), and (i) of section 11 or a category 1 exemptee may, despite being exempt, apply for a licence and, if the licence is granted, operate as a licensed immigration adviser.


A lawyer or a category 2 exemptee may neither apply for, nor hold, a licence.


A removal of the exemption provided for in section 11(h) by regulations made under subsection (1) may be in respect of all or any 1 or more classes of person to whom the exemption relates, and the removal or retention of the exemption may be subject to any terms and conditions specified in the regulations.