47Disbursements

47 Disbursements

(1) A responsible migration agent in relation to a service agreement: (a) must not unreasonably incur disbursements in relation to work or services performed under the agreement; and (b) must not require a client to pay, and ensure that a client is not required to pay, for a disbursement that will be incurred, in relation to such work or services, other than in accordance with: (i) subsections (3) and (6); and (ii) provisions included in the agreement in accordance with section 48. Clients must agree to disbursements (2) The service agreement must include details of the likely disbursements that will be incurred in relation to work or services performed under the agreement and for which the client will be required to pay, including, for each disbursement: (a) either: (i) the amount of the disbursement; or (ii) a reasonable estimate of the amount of the disbursement; including any relevant amount of GST or other tax; and (b) whether the disbursement is to be paid: (i) directly by the client; or (ii) on the client’s behalf. (3) For the purposes of subparagraph (1)(b)(i), a client must not be charged for a disbursement unless: (a) all of the following requirements are met: (i) details of the disbursement are included in the service agreement as mentioned in subsection (2); (ii) those provisions of the service agreement are complied with; (iii) subsection (4) is complied with (if applicable); or (b) all of the following requirements are met: (i) when the agreement was signed, the disbursement was not reasonably likely; (ii) each client covered by the agreement is given, in writing, details of the disbursement, including the amount of the disbursement or a reasonable estimate of the amount of the disbursement; (iii) subsection (5) is complied with. (4) For the purposes of subparagraph (3)(a)(iii), if the service agreement specifies an amount of a disbursement, or includes a reasonable estimate of the amount of a disbursement, a client must not be required to pay an amount for the disbursement that is greater than the specified amount or the estimated amount unless: (a) each client covered by the agreement is given written notice of: (i) the actual amount of the disbursement; and (ii) the reason that the actual amount of the disbursement is greater than the specified amount or the estimated amount; and (b) either: (i) each client covered by the agreement agrees in writing to incurring the increased cost; or (ii) if the agreement provides that the agreement of each client is not required for the increased cost to be incurred—at least one client covered by the agreement agrees in writing to incurring the increased cost, and any other conditions specified in the agreement are satisfied. (5) For the purposes of subparagraph (3)(b)(iii), this subsection is complied with if: (a) each client covered by the service agreement agrees in writing to the disbursement; or (b) both: (i) the agreement provides that the agreement of each client is not required for the disbursement; and (ii) at least one client covered by the agreement agrees in writing to the disbursement and any other conditions specified in the agreement are satisfied. (6) For the purposes of subparagraph (1)(b)(i), and despite anything in the service agreement, a client must not be charged, for a disbursement in relation to work or services provided under the agreement, more than: (a) if the amount of the disbursement is known at the time the client is charged—the actual amount of the disbursement; or (b) otherwise—a reasonable estimate of the amount of the disbursement. Refund of excess charged (7) If: (a) a client is charged for a disbursement in relation to work or services performed under a service agreement; and (b) a responsible migration agent in relation to the agreement becomes aware that the amount charged was greater than the actual amount of the disbursement (including because of any refunds); the responsible migration agent must ensure that the excess is refunded to the client in accordance with section 52.