Document ID: chunk:federal_register_of_legislation:F2024C00376:reg:42
Version: federal_register_of_legislation:F2024C00376
Segment Type: reg
Provision Reference: reg 42
Character Range: 41866–43759

42  Service agreements
 (1) Subject to section 43, a migration agent must not give immigration assistance to a client unless:
 (a) a service agreement that:
 (i) covers the immigration assistance; and
 (ii) authorises the agent to act on the client's behalf; and
 (iii) complies with the requirements of this Division;
  is in force; and
 (b) if the service agreement has been varied—that variation met the requirements of section 44.
 (2) The service agreement must be:
 (a) in writing; and
 (b) signed by the client; and
 (c) signed by the migration agent or by another migration agent in the agent's business.
 (3) The service agreement must include the following:
 (a) the following details of each client to whom immigration assistance is to be given under the agreement:
 (i) name;
 (ii) date of birth;
 (iii) email address (if any);
 (iv) residential address;
 (b) the name, MARN and contact details of:
 (i) the migration agent who signs the agreement, as mentioned in paragraph (2)(c); and
 (ii) each migration agent who, at the time the agreement is signed, is expected to give immigration assistance under the agreement;
 (c) details of the work or services to be performed under the agreement;
 (d) a statement that a copy of the consumer guide has been given to the client (see section 38);
 (e) an explanation of what will happen to the client's file:
 (i) if the service agreement is terminated by any party to the agreement; or
 (ii) on completion of the work or services covered by the agreement;
 (f) the matters required by Division 3 (about fees and disbursements).
 (4) A service agreement may be expressed to cover more than one client.
 (5) The authority mentioned in subparagraph (1)(a)(ii) may be expressed to cover:
 (a) a particular migration agent; or
 (b) a class of migration agents in the agent's business; or
 (c) all migration agents in the agent's business.