Commonwealth Consolidated Regulations

MIGRATION (MIGRATION AGENTS CODE OF CONDUCT) REGULATIONS 2021

- made under the Migration Act 1958

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

           Division 1--Preliminary

   1.      Name  
   3.      Authority  
   4.      Prescription of Code of Conduct  

           Division 2--Purpose of this instrument

   5.      Purpose of this instrument  
   6.      Other duties of migration agents  

           Division 3--Definitions

   7.      Definitions  
   8.      Expressions have same meaning as in Part 3 of the Act  
   9.      Immigration assistance  
   10.     Meaning of client money  
   11.     Meaning of related by employment  
   12.     Meaning of responsible migration agent  

   PART 2--GENERAL--DUTIES

           Division 1--General duties

   13.     General duty to act professionally, ethically etc.  
   14.     Duty to treat all persons with appropriate respect  
   15.     Duty not to make false or misleading statements  
   16.     Duty not to threaten to contravene this instrument  

           Division 2--Duties relating to Australia's immigration system

   17.     Duty to comply with migration law  
   18.     Duty not to undermine the migration law  
   19.     Duty not to give futile immigration assistance  
   20.     Duty to avoid making false or misleading statements etc. to government officials  
   21.     Duty relating to correcting false or misleading statements etc.  

           Division 3--Duty to maintain skills and knowledge

   22.     Duty to maintain skills and knowledge  

           Division 4--Duties relating to practice management

   23.     Duty to ensure that immigration assistance is given only by registered migration agents  
   24.     Duties relating to work or services performed by persons other than registered migration agents  
   25.     Duties relating to MARN  
   26.     Duties not to make false or misleading statements in promoting business etc.  
   27.     Duty to hold professional indemnity insurance  

           Division 5--Duties relating to keeping Authority, clients, Department and review authority informed of matters relating to migration agent

   28.     Duty to notify Authority and clients of material changes in matters shown in Register  
   29.     Duty to notify Authority of changes in circumstances relevant to agent's continued registration  
   30.     Duty to notify clients, Department and review authority if registration suspended  
   31.     Duty to notify clients, Department and review authority if registration expected to lapse  

           Division 6--Duty to respond to requests from Authority for information or documents

   32.     Duty to respond to requests from Authority for information or documents  

   PART 3--THE--AGENT-CLIENT RELATIONSHIP

           Division 1--General duties

              Subdivision A--General duties

   33.     General duties  
   34.     Duty to inform clients of conflicts of interest  
   35.     Duty of confidentiality  

              Subdivision B--Preliminary requirements for giving immigration assistance

   36.     Duty to know clients etc.  
   37.     Duty to arrange access to interpreters  
   38.     Duty to give consumer guide to clients  

              Subdivision C--Other duties

   39.     Duty to keep clients informed about progress of immigration matters  
   40.     Duty not to act in a way that causes unnecessary expense or delay  
   41.     Duty not to give false or misleading documents to clients  

           Division 2--Service agreements

   42.     Service agreements  
   43.     Service agreements not required for initial consultations  
   44.     Written notice of variations to service agreements  
   45.     Duty to ensure work or services specified in service agreements are completed  

           Division 3--Fees and disbursements

   46.     Fees  
   47.     Disbursements  
   48.     Payment of fees and disbursements etc.  
   49.     Invoices and receipts  
   50.     Duty in relation to client's money  
   51.     Duty not to receive amounts from clients before entering into service agreements  
   52.     Refunds  

           Division 4--Client documents

   53.     Duty to keep documents securely  
   54.     Duty to return client documents  

           Division 5--Record keeping

   55.     Duty to make records of oral communications with clients  
   56.     Duty to maintain client files  

           Division 6--Ending agent-client relationship

   57.     Termination notices  
   58.     Duty to forward correspondence relating to former clients  

   PART 4--MISCELLANEOUS

   59.     Legal professional privilege  

   PART 5--APPLICATION--AND TRANSITIONAL PROVISIONS

           Division 1--Application of this instrument

   60.     Application of this instrument--general duties  
   61.     Application of this instrument--the agent - client relationship