54Duty to return client documents

54 Duty to return client documents

(1) A migration agent must, if requested in writing by: (a) a client; or (b) a former client, or a new registered migration agent representing a former client; return to the client or new agent all documents to which the client is entitled within 14 days of receiving the request. (2) A migration agent is not entitled to claim a lien on documents to which a client or former client is entitled unless the agent is a restricted legal practitioner who is eligible.

Note: A person cannot be registered as a migration agent if the person is an unrestricted legal practitioner or a restricted legal practitioner who is not eligible: see section 302A of the Act.

(3) For the purposes of this section, and without limiting it, a client or former client of a migration agent is taken to be entitled to documents that are: (a) given to the agent, or a member of the agent’s business, by, or on behalf of, the client; or (b) paid for by, or on behalf of, the client.

Note: Documents that are commonly given to migration agents by, or on behalf of, clients include passports, birth certificates, qualifications, photographs and business financial statements.