51Duty not to receive amounts from clients before entering into service agreements

51 Duty not to receive amounts from clients before entering into service agreements

(1) A migration agent must not receive amounts (including fees or amounts for disbursements) from a client if: (a) the amounts relate to the agent, or another registered migration agent in the agent’s business, giving immigration assistance to the client; and (b) a service agreement that covers the immigration assistance is not in force. (2) A migration agent must take all reasonable steps to ensure that a member of the agent’s business, other than another registered migration agent, does not receive amounts (including fees or amounts for disbursements) from a client if: (a) the amounts relate to the agent, or another registered migration agent in the agent’s business, giving immigration assistance to the client; and (b) a service agreement that covers the immigration assistance is not in force. (3) This section does not apply to a fee charged for an initial consultation conducted other than under a service agreement in accordance with section 43.

Note: See also paragraph 43(3)(c).