Commonwealth Consolidated Regulations Commonwealth Consolidated Regulationsmade under the
Compilation No. 1
Compilation date: 11 April 2024
Includes amendments: F2024L00297
Registered: 18 April 2024
About this compilation
This compilation
This is a compilation of the Migration (Migration Agents Code of Conduct) Regulations 2021 that shows the text of the law as amended and in force on 11 April 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
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
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Name | Registration | Commencement | Application, saving and transitional provisions |
Migration (Migration Agents Code of Conduct) Regulations 2021 | 20 Dec 2021 (F2021L01856) | 1 Mar 2022 (s 2(1) item 1) |
|
Instruments Update (Autumn 2024) Regulations 2024 | 14 Mar 2024 (F2024L00297) | Sch 2 (item 20): 11 Apr 2024 (s 2(1) item 1) | -- |
Provision affected | How affected |
Part 1 |
|
Division 1 |
|
s 2..................... | rep LA s 48D |
Part 2 |
|
Division 6 |
|
s 32.................... | am F2024L00297 |