Document ID: chunk:federal_register_of_legislation:F2024C00376:reg:36
Version: federal_register_of_legislation:F2024C00376
Segment Type: reg
Provision Reference: reg 36
Character Range: 37458–39595

36  Duty to know clients etc.
 (1) A migration agent must not give immigration assistance to a client unless the agent:
 (a) has taken all reasonable steps to verify the identity of the client; and
 (b) is reasonably satisfied of the identity of the client.
 (2) Subsection (1) does not apply to giving immigration assistance mentioned in paragraph 276(1)(b), (2)(b) or (2A)(b) of the Act (advice) during an initial consultation.
 (3) A migration agent must not deal with a client through an agent or other intermediary representing the client unless the migration agent:
 (a) has taken all reasonable steps to verify the identity of the agent or other intermediary; and
 (b) is reasonably satisfied:
 (i) of the identity of the agent or other intermediary; and
 (ii) that the client has agreed in writing to the agent or other intermediary dealing with the migration agent on the client's behalf.

Duties relating to third persons who have endorsed, nominated or sponsored client
 (4) Subsections (5) and (6) apply to a migration agent giving immigration assistance to a client on the basis that a third person has endorsed, nominated or sponsored the client under or for the purposes of the migration law or intends to do so.
 (5) The migration agent must not give the immigration assistance unless the agent:
 (a) has taken all reasonable steps to verify the identity of the third person; and
 (b) is reasonably satisfied:
 (i) of the identity of the third person; and
 (ii) that the third person has actually endorsed, nominated or sponsored the client or intends to do so.
 (6) Furthermore, if the migration agent deals with the third person through an agent or other intermediary who represents the third person, the migration agent must not give the immigration assistance unless the agent:
 (a) has taken all reasonable steps to verify the identity of the agent or other intermediary; and
 (b) is reasonably satisfied:
 (i) of the identity of the agent or other intermediary; and
 (ii) that the third person has agreed in writing to the agent or other intermediary dealing with the migration agent on the third person's behalf.