61Application of this instrument—the agent‑client relationship

61 Application of this instrument—the agent‑client relationship

Duty to inform clients of conflicts of interest (1) For the purposes of subsection 34(1), a written notice that: (a) was given to a client before 1 March 2022; and (b) meets the requirements of subsection 34(2); is taken to have been given under paragraph 34(1)(a). (2) For the purposes of subsection 34(1), a written statement that: (a) was given to a migration agent before 1 March 2022; and (b) meets the requirements of subparagraphs 34(1)(b)(i) and (ii); is taken to have been given under paragraph 34(1)(b). Duty of confidentiality (3) Section 35 applies to disclosing information on or after 1 March 2022, whether the information was obtained before, on or after 1 March 2022. Duty to give consumer guide to clients (4) For the purposes of section 38, if a copy of the consumer guide has been given to a client it does not matter whether the copy was given before, on or after 1 March 2022. Service agreements (5) If a service agreement: (a) was in force immediately before 1 March 2022; and (b) met all applicable requirements of Schedule 2 to the Migration Agents Regulations 1998, as in force immediately before 1 March 2022; then: (c) for the purposes of subparagraph 42(1)(a)(iii) of this instrument, the service agreement is taken to comply with the requirements of Division 2 of Part 3; and (d) paragraph 42(1)(b) does not apply in relation to a variation of the service agreement that occurred before 1 March 2022; and (e) sections 46, 47 and 48 are taken to require only the following in relation to the service agreement: (i) a responsible migration agent in relation to the service agreement must not charge fees, and must ensure that fees are not charged, for work or services performed under the agreement other than as provided for by the agreement; (ii) a responsible migration agent in relation to the service agreement must not unreasonably incur disbursements in relation to work or services performed under the agreement; (iii) a responsible migration agent in relation to the service agreement must not require a client to pay, and must 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 the agreement; and (f) subsections 52(1) and (2) do not apply to the service agreement. (6) Subsection (5) ceases to apply to the service agreement at the first time (if any) that the service agreement is varied on or after 1 March 2022. Invoices and receipts (7) For the purposes of paragraph 49(a), it does not matter whether an itemised invoice given to a client was given before, on or after 1 March 2022. Duty in relation to client’s money (8) Section 50 applies to client money received by a migration agent, or by a migration agent’s business, on or after 1 March 2022. Duty to maintain client files (9) Subsections 56(1) to (4), to the extent they relate to maintaining a client file, apply in relation to the following: (a) a client file created before 1 March 2022 if action on the file occurs on or after 1 March 2022; (b) a client file created on or after 1 March 2022. Termination notices (10) Subsection 57(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. Duty to forward correspondence relating to former client (11) Section 58 applies in relation to a migration agent ceasing to be a migration agent of a client on or after 1 March 2022.