60Application of this instrument—general duties

60 Application of this instrument—general duties

Duty not to give futile immigration assistance (1) For the purposes of paragraph 19(2)(b), it does not matter whether advice given to a client was given before, on or after 1 March 2022. (2) For the purposes of paragraph 19(2)(c), it does not matter whether a written statement given to a migration agent was given before, on or after 1 March 2022. Duty relating to correcting false or misleading statements etc. (3) For the purposes of section 21, it does not matter whether: (a) a statement made to a government official was made before, on or after 1 March 2022; or (b) a document given to a government official was given before, on or after 1 March 2022; or (c) information concealed from a government official was concealed before, on or after 1 March 2022. Duty to notify Authority of misuse of MARN (4) Subsection 25(4) applies to a migration agent becoming aware, on or after 1 March 2022, of a use of the agent’s MARN, whether the use occurred before, on or after 1 March 2022. Duties to notify Authority and clients of certain matters (5) Section 28 applies to a change that occurs on or after 1 March 2022. (6) If: (a) on 1 March 2022, a migration agent is aware of a matter mentioned in paragraph 29(a) or (b); and (b) the agent did not give written notice of the matter to the Authority before 1 March 2022; for the purposes of section 29, the migration agent is taken to become aware of the matter on 1 March 2022. (7) Subsection 30(5) does not apply in relation to client money received by a migration agent, or a member of a migration agent’s business, before 1 March 2022 under a service agreement that requires the client money to be refunded or transferred if the agent’s registration is suspended. Duty to notify clients, Department and review authority if registration expected to lapse (8) If: (a) on 1 March 2022, a migration agent is aware that it is reasonably likely that the agent will cease to be a registered migration agent on a day (the end day) occurring after 1 March 2022; and (b) the agent did not, before 1 March 2022, give written notice to: (i) a client; or (ii) the Department; or (iii) a review authority; that it was reasonably likely that the agent would cease to be a registered migration agent on the end day; then, for the purposes of section 31, as it applies in relation to the client, the Department or the review authority, the migration agent is taken to become aware on 1 March 2022 that it is reasonably likely that the agent will cease to be a registered migration agent on the end day. (9) Subsection 31(5) does not apply in relation to client money received by a migration agent, or a member of a migration agent’s business, before 1 March 2022 under a service agreement that requires the client money to be refunded or transferred if the agent ceases to be a registered migration agent. Duty to respond to requests from Authority (10) Section 32 applies to requests made by the Authority on or after 1 March 2022.