58Duty to forward correspondence relating to former clients

58 Duty to forward correspondence relating to former clients

(1) If: (a) a migration agent ceases to be a migration agent of a client; and (b) the agent later receives correspondence from a government official that: (i) is addressed to the client; or (ii) it is reasonable to assume was addressed to the agent because it was believed that the agent was, at the time the correspondence was sent, a current migration agent of the client; the agent must take all reasonable steps to forward the correspondence to the former client or to a current migration agent of the former client. (2) Subsection (1) does not apply to correspondence the migration agent receives more than 28 days after the agent gives written notice to: (a) the Department; or (b) a review authority at a time when an immigration matter in respect of the client is pending before the review authority; that the agent has ceased to be a migration agent of the client. (3) For the purposes of subsection (2), if: (a) the client gave the Minister notice under subsection 494D(1) of the Act that the agent was authorised by the client to receive documents under the Act; and (b) the client varies or withdraws the notice so that the agent is no longer the client’s authorised recipient; the agent is taken to have given written notice in accordance with that subsection at the later of: (c) the time the client varies or withdraws the notice; and (d) the time the client ceases to be a client of the agent.