31Duty to notify clients, Department and review authority if registration expected to lapse

31 Duty to notify clients, Department and review authority if registration expected to lapse

(1) A migration agent who becomes aware that it is reasonably likely that the agent will cease to be a registered migration agent on a particular day (other than because of the agent’s registration being cancelled) must give written notice of the expected cessation in accordance with subsections (2) to (6): (a) if the agent becomes aware of the expected cessation less than 14 days before that day—as soon as practicable; or (b) otherwise—no later than 14 days before that day.

Note: The registration of a migration agent ends 12 months after the day of registration unless the registration is suspended, cancelled or the agent applies to be registered for another 12 months: see section 299 of the Act.

(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 day on which it is reasonably likely that the agent will cease to be a registered migration agent. (4) A notice given to a client must include the following if it is reasonably likely that an immigration matter in respect of the client will be pending on the day stated under subsection (3) (the end date): (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 date 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, when the notice is given, 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.