Document ID: chunk:federal_register_of_legislation:C2004A04376:body:0:p12
Version: federal_register_of_legislation:C2004A04376
Segment Type: other
Provision Reference: 
Character Range: 28584–31643

A statement of services must set out:

  (a)     particulars of each service performed; and

  (b)     the charge made in respect of each such service.

  "(3) Where:

    (a)     an entrance applicant has paid a registered agent for giving immigration assistance without the entrance applicant having received a statement of services; and

    (b)     the entrance applicant does not receive a statement of services within 28 days after the making of the final decision about the entrance application;

that entrance applicant may recover the amount of the payment as a debt due to the entrance applicant.

"(4) This section does not apply to the giving of immigration legal assistance by a lawyer.

Code of Conduct for migration agents

"114ZR.(1) The regulations may prescribe a Code of Conduct for migration agents.

"(2) A registered agent must conduct himself or herself in accordance with the prescribed Code of Conduct.

"Division 6—Migration Agents Registration Board

Migration Agents Registration Board

  "114ZS. A Migration Agents Registration Board is established.

Functions of Board

  "114ZT. The functions of the Board are:

    (a)     to deal with registration applications in accordance with this Part; and

    (b)     to monitor the conduct of registered agents in their provision of immigration assistance and of lawyers in their provision of immigration legal assistance; and

    (c)     to investigate complaints about registered agents in relation to their provision of immigration assistance; and

    (d)     to take appropriate disciplinary action against registered agents; and

    (e)     to investigate complaints about lawyers in relation to their provision of immigration legal assistance, for the purpose of referring appropriate cases to professional associations for possible disciplinary action; and

    (f)      to inform the appropriate prosecuting authorities about apparent offences against this Part or Part 2B; and

    (g)     to monitor and advise the Minister on the adequacy of any Code of Conduct.

Directions by Minister

"114ZU. The Minister may direct the Board to conduct an investigation of a particular registered agent or applicant for registration as a migration agent.

Constitution of Board

  "114ZV.(1) The Board consists of:

  (a)     a Chairperson; and

  (b)     a member of the Immigration Review Tribunal; and

  (c)     3 ordinary members, being:

       (i) a member who is a lawyer; and

         (ii) a member with associations with ethnic community organisations; and

      (iii) a member who is a registered agent.

"(2) The performance of the functions and the exercise of the powers of the Board are not affected merely because of vacancies in the membership of the Board.

  "(3) A member of the Board holds office on a part-time basis.

The Chairperson

"114ZW.(1) Subject to subsection (2), the Chairperson is the Secretary.

"(2) The Secretary may appoint, in writing, an officer of the Department as the Chairperson.

"(3) A Chairperson appointed, under subsection (2) holds