Commonwealth Numbered Regulations

1996 No. 79 MIGRATION AGENTS REGULATIONS (AMENDMENT) - REG 3

3.1 Clause 2: Omit "being of good character (a definition of "good character"
is set out in the Migration Act);", substitute "being of good character;".

3.2 New clause 7A and 7B: After clause 7, insert:

"7A. An agent must:
within a reasonable time after agreeing to represent a client, confirm the
client's instructions in writing;
. act in accordance with the client's instructions;
. keep the client fully and regularly informed in writing of the progress of
each case or application that the agent undertakes for the client;
. within a reasonable time after the case or application is decided, inform
the client in writing of the outcome of the client's case or application.

"7B. An agent must complete the work as instructed by a client unless:
. the agent and client agree otherwise; or
. the client terminates the agent's instructions; or
. the agent terminates the contract for just cause and gives reasonable
written notice to the client.".

3.3 Clause 9: Omit the clause, substitute:

"9. An agent must not engage in false or misleading advertising, including
advertising in relation to:
. the agent's registration as a migration agent;
. the implications of Government policy for the successful outcome of an
application under the Migration Act or Migration Regulations;
. guaranteeing the success of an application.".

3.4 Clause 10: Omit the clause, substitute:

"10. An agent must, when advertising, include in the advertisement the words

"Registered Migration Agent Number", followed by the agent's individual
registration number. An agent must not, when advertising, imply the existence
of a relationship with the Department of Immigration and Multicultural
Affairs, for example, by using terms such as:
. "Australian Government registered"; or
. "DIMA registered".".

3.5 Clause 15: Omit "Immigration and Ethnic Affairs,", substitute "Immigration
and Multicultural Affairs,".

3.6 Clause 18: Omit "Immigration and Ethnic Affairs", substitute "Immigration
and Multicultural Affairs".

3.7 New clause 25A: After clause 25, insert:

"25A. An agent must have an address and telephone number where the agent can
be contacted during normal business hours. If an agent changes his or her
address, telephone number, or any other details that are recorded on the
Register of Migration Agents, the agent must give notice to the Migration
Agents Registration Board and to all clients of the agent:
. in advance; or
. not later than seven days after the change or changes if advance notice
would be unreasonable in the circumstances.".

3.8 Clause 27: Omit the clause.

3.9 Clause 28: Omit the clause, substitute:

"27. An agent must maintain records that can be made available for inspection
on request by the Migration Agents Registration Board, including files
containing a copy of each client's application, copies of each written
communication between the client and the agent, and file notes of each oral
communication between the client and the agent.

"27A. An agent must respond to a request for information from the Migration
Agents Registration Board within any reasonable time specified by the Board.
FINANCIAL DUTIES

"28. An agent must keep separate accounts for:
. the agent's operating expenses (the "operating account"); and
. monies paid by clients to the agent for fees and disbursements (the

"clients' account"). The agent must hold fees paid by a client in the clients'
account until the work that the agent has been contracted to do for that
client has been completed. The agent may, at any time, withdraw money from the
clients' account for disbursements that are required to be paid to the
Department of Immigration and Multicultural Affairs, or any other agency, on
behalf of the client.

"28A. An agent must keep records of the clients' account, including:
. the date and quantum of each deposit made to the clients' account, including
an indication of the purpose of the deposit and the client on whose behalf the
deposit is made; and
. each withdrawal made from the clients' account; and
. receipts for any payment made by the client to the agent; and
. copies of invoices or accounts rendered in relation to the account. An agent
must make the records of the clients' account available for inspection on
request by the Migration Agents Registration Board.

"28B. Nothing in clause 28 or 28A affects the duty of a migration agent, who
is also a legal practitioner and who acts in that capacity, to deal with
clients' funds in accordance with the relevant law relating to legal
practitioners.".

3.10 Address at the end: Omit:

"DEPARTMENT OF IMMIGRATION AND ETHNIC AFFAIRS,", substitute:

"DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AFFAIRS,".