46Fees

46 Fees

(1) A responsible migration agent in relation to a service agreement must not charge fees, and must ensure that fees are not charged, for work or services performed under the agreement other than as provided for by the agreement in accordance with this section and section 48. (2) If fees are to be charged for work or services performed under the service agreement, the agreement must include: (a) details of the fees, specified as either: (i) an hourly rate; or (ii) a fixed total amount (a fixed fee); including any relevant amount of GST or other tax; and (b) if the agreement specifies fees as an hourly rate—a reasonable estimate of the time that will be spent performing the work or services. (3) An hourly rate or fixed fee specified as mentioned in paragraph (2)(a) must be fair and reasonable. (4) If the service agreement specifies an hourly rate and an estimate of time, the agreement must provide that the clients covered by the agreement will not be charged for time spent performing work or services under the agreement in excess of that estimate (or the latest updated estimate given under this subsection, if any) unless: (a) exceptional circumstances arise after the agreement is signed; and (b) those circumstances make it impracticable to perform some or all of the work or services under the agreement at the hourly rate within the estimated time; and (c) each client covered by the agreement is given, in writing, an updated reasonable estimate of the time that will be spent performing the work or services; and (d) either: (i) each client covered by the agreement agrees in writing for work or services to continue to be performed under the agreement; or (ii) if the agreement provides that the agreement of each client is not required for work or services to continue to be performed under the agreement—at least one client covered by the agreement agrees in writing for work or services to continue to be performed under the agreement, and any other conditions specified in the agreement are satisfied. (5) The agreement must provide that an hourly rate or a fixed fee specified in the agreement must not be varied unless: (a) exceptional circumstances arise after the agreement is signed; and (b) those circumstances make it impracticable to perform some or all of the work or services under the agreement at the hourly rate within the estimated time, or at the fixed fee, specified in the agreement.