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Migration (Migration Agents Code of Conduct) Regulations 2021
In force
Administered by
Department of Home Affairs
This item is authorised by the following title:
Migration Act 1958
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F2024C00376 (C01)
11 April 2024
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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
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Part 2—General duties
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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
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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.
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Division 3—Duty to maintain skills and knowledge
22 Duty to maintain skills and knowledge
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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
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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
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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
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Part 3—The agent client relationship
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Division 1—General duties
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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
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Part 4—Miscellaneous
59 Legal professional privilege
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Part 5—Application and transitional provisions
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Division 1—Application of this instrument
60 Application of this instrument—general duties
61 Application of this instrument—the agent client relationship
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history