42Service agreements

42 Service agreements

(1) Subject to section 43, a migration agent must not give immigration assistance to a client unless: (a) a service agreement that: (i) covers the immigration assistance; and (ii) authorises the agent to act on the client’s behalf; and (iii) complies with the requirements of this Division; is in force; and (b) if the service agreement has been varied—that variation met the requirements of section 44. (2) The service agreement must be: (a) in writing; and (b) signed by the client; and (c) signed by the migration agent or by another migration agent in the agent’s business. (3) The service agreement must include the following: (a) the following details of each client to whom immigration assistance is to be given under the agreement: (i) name; (ii) date of birth; (iii) email address (if any); (iv) residential address; (b) the name, MARN and contact details of: (i) the migration agent who signs the agreement, as mentioned in paragraph (2)(c); and (ii) each migration agent who, at the time the agreement is signed, is expected to give immigration assistance under the agreement; (c) details of the work or services to be performed under the agreement; (d) a statement that a copy of the consumer guide has been given to the client (see section 38); (e) an explanation of what will happen to the client’s file: (i) if the service agreement is terminated by any party to the agreement; or (ii) on completion of the work or services covered by the agreement; (f) the matters required by Division 3 (about fees and disbursements). (4) A service agreement may be expressed to cover more than one client. (5) The authority mentioned in subparagraph (1)(a)(ii) may be expressed to cover: (a) a particular migration agent; or (b) a class of migration agents in the agent’s business; or (c) all migration agents in the agent’s business.