Migration (Migration Agents Code of Conduct) Regulations 2021
30Duty to notify clients, Department and review authority if registration suspended
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30 Duty to notify clients, Department and review authority if registration suspended
(1) If the Authority suspends a migration agent’s registration, the agent must give written notice of the suspension in accordance with subsections (2) to (6) within 14 days after the Authority gives notice of the suspension to the agent. (2) Notice must be given to: (a) all current clients of the migration agent; and (b) the Department, if an immigration matter in relation to which the agent has given immigration assistance to a current client is pending before the Department; and (c) a review authority, if an immigration matter in respect of which the agent has given immigration assistance to a current client is pending before the review authority. (3) A notice must state the period of the suspension. (4) A notice given to a client must include the following if an immigration matter in respect of the client is pending: (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 the 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 agent’s services at any time before the end of the period of suspension 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) A notice given to a client must include the following if the migration agent, or a member of the migration agent’s business, has received client money in relation to a service agreement that covers the client and in relation to which the agent is a responsible migration agent: (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. (6) A notice given to a client must include a statement setting out the effect of section 54.
Note 1: 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.
Note 2: See also section 57 (termination notices).