Commonwealth Consolidated Regulations

MIGRATION (MIGRATION AGENTS CODE OF CONDUCT) REGULATIONS 2021 - REG 57

Notices to clients

  (1)   Subject to subsection   (2), a responsible migration agent in relation to a service agreement must ensure that each client covered by the agreement is given a written notice in accordance with subsection   (3) before any termination of the agreement takes effect.

  (2)   Subsection   (1) does not apply if:

  (a)   because of exceptional circumstances, it is reasonable for the agreement to be terminated without a client having been given such a notice before the termination takes effect; or

  (b)   the agreement is terminated unilaterally by a client.

Instead, the responsible migration agent must ensure that each client covered by the agreement is given a written notice in accordance with subsection   (3) no later than 14 days after the termination takes effect.

  (3)   The notice must include the following:

  (a)   the date from which the agreement is terminated;

  (b)   the matters required by subsection   (4) (if applicable);

  (c)   the matters required by subsection   (5) (if applicable);

  (d)   a statement setting out the effect of section   54.

Note:   Section   54 requires a migration agent to return documents to which a client is entitled if requested to do so by the client or by a new registered migration agent representing the client.

  (4)   If an immigration matter in respect of the client is pending, the notice must include the following:

  (a)   the status of the client's immigration matter;

  (b)   if the matter is to be allocated to another registered migration agent:

  (i)   the name and contact details of that other registered migration agent; and

  (ii)   a statement to the effect that the client may choose not to have the matter allocated to another registered migration agent and may cease receiving the responsible migration agent's services at any time before the agent terminates the agreement if the client wishes to do so;

  (c)   if the matter is not to be allocated to another registered migration agent--details of how the client may obtain further immigration assistance.

  (5)   If the responsible migration agent, or a member of the responsible migration agent's business, holds any client money in relation to the service agreement, the notice must include the following:

  (a)   a statement setting out:

  (i)   each amount of client money received; and

  (ii)   each amount paid as mentioned in paragraph   50(1)(d); and

  (iii)   the amount remaining;

  (b)   a statement that, in the absence of instructions from the client, the amount remaining will be refunded to the client.

Notices to Department and review authorities

  (6)   A responsible migration agent in relation to a service agreement must ensure that the Department or a review authority is given written notice no later than 14 days after a termination of the service agreement takes effect if, at that time, an immigration matter in relation to which immigration assistance has been provided under the agreement is pending before the Department or review authority.