43Service agreements not required for initial consultations

43 Service agreements not required for initial consultations

(1) Despite section 42, a migration agent may give immigration assistance of a kind mentioned in paragraph 276(1)(b), (2)(b) or (2A)(b) of the Act (advice) at an initial consultation with a client or potential client without a service agreement that covers the immigration assistance being in force. (2) A migration agent must ensure that any fee charged for an initial consultation the migration agent conducts other than under a service agreement is reasonable. (3) If a migration agent conducts an initial consultation with a client or potential client other than under a service agreement: (a) the migration agent must notify the client or potential client of the agent’s MARN; and (b) section 49 (invoices and receipts) applies in relation to: (i) immigration assistance given as part of that initial consultation; or (ii) other work or services performed as part of that initial consultation; as if the immigration assistance were given, or the other work or services were performed, under a service agreement; and (c) if the migration agent, or a member of the migration agent’s business, receives amounts (including fees or amounts for disbursements) from a client for: (i) immigration assistance given as part of that initial consultation; or (ii) other work or services performed as part of that initial consultation; then: (iii) this instrument (other than section 51) applies to those amounts in the same way as it applies to client money in relation to a service agreement in relation to which the migration agent is a responsible migration agent; and (iv) the migration agent must ensure that sufficient funds are available to cover any refunds of those amounts that become payable; and (v) the migration agent must ensure that any such refunds are paid promptly and, in any case, no later than 14 days after they become payable. (4) To avoid doubt: (a) only the first consultation between a migration agent and a client or a potential client in relation to a particular immigration matter is an initial consultation; and (b) if a consultation consists of a series of sessions conducted on more than one day, sessions conducted on a day other than the first day are taken not to be part of an initial consultation.