Document ID: chunk:federal_register_of_legislation:F2024C00376:reg:54
Version: federal_register_of_legislation:F2024C00376
Segment Type: reg
Provision Reference: reg 54
Character Range: 58862–60082

54  Duty to return client documents
 (1) A migration agent must, if requested in writing by:
 (a) a client; or
 (b) a former client, or a new registered migration agent representing a former client;
return to the client or new agent all documents to which the client is entitled within 14 days of receiving the request.
 (2) A migration agent is not entitled to claim a lien on documents to which a client or former client is entitled unless the agent is a restricted legal practitioner who is eligible.
Note: A person cannot be registered as a migration agent if the person is an unrestricted legal practitioner or a restricted legal practitioner who is not eligible: see section 302A of the Act.
 (3) For the purposes of this section, and without limiting it, a client or former client of a migration agent is taken to be entitled to documents that are:
 (a) given to the agent, or a member of the agent's business, by, or on behalf of, the client; or
 (b) paid for by, or on behalf of, the client.
Note: Documents that are commonly given to migration agents by, or on behalf of, clients include passports, birth certificates, qualifications, photographs and business financial statements.

Division 5—Record keeping