Commonwealth Consolidated Regulations

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MIGRATION (MIGRATION AGENTS CODE OF CONDUCT) REGULATIONS 2021 - REG 58

Duty to forward correspondence relating to former clients

  (1)   If:

  (a)   a migration agent ceases to be a migration agent of a client; and

  (b)   the agent later receives correspondence from a government official that:

  (i)   is addressed to the client; or

  (ii)   it is reasonable to assume was addressed to the agent because it was believed that the agent was, at the time the correspondence was sent, a current migration agent of the client;

the agent must take all reasonable steps to forward the correspondence to the former client or to a current migration agent of the former client.

  (2)   Subsection   (1) does not apply to correspondence the migration agent receives more than 28 days after the agent gives written notice to:

  (a)   the Department; or

  (b)   a review authority at a time when an immigration matter in respect of the client is pending before the review authority;

that the agent has ceased to be a migration agent of the client.

  (3)   For the purposes of subsection   (2), if:

  (a)   the client gave the Minister notice under subsection   494D(1) of the Act that the agent was authorised by the client to receive documents under the Act; and

  (b)   the client varies or withdraws the notice so that the agent is no longer the client's authorised recipient;

the agent is taken to have given written notice in accordance with that subsection at the later of:

  (c)   the time the client varies or withdraws the notice; and

  (d)   the time the client ceases to be a client of the agent.

 



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