Managing a Migrant Agent Business: Breach of Code of Conduct

Running head: MANAGING A MIGRANT AGENT BUSINESS
Managing a migrant agent business
Name of the Student
Name of the University
Author Note

MANAGING A MIGRANT AGENT BUSINESS
Issue
The present issue in this scenario is to determine the potential breach of code of
conduct that Jonathan have committed in this circumstances. It has to be determined based on
the circumstances of the case that in what way a person as a registered migration agent had
acted differently if he was acting for Eric in these circumstances.
Relevant Rules
Code of conduct implies to the set of rules that are enforceable against a company to
deliver and observe a definite standard of practice. It is purported to develop the standard of
an industry and is aimed at encouraging the confidence and interest of consumer in a
particular industry. ASIC requires that every code of conduct of a company should be in
consistent with the Corporations Act 2001 or any law of the Commonwealth1. The code of
conduct to be followed by migration agent is provided in the legislation to regulate their
conduct2. The provisions to regulate the conduct of the migration agent has been provided in
the Section 314 of the Migration Act 1958. The code of conduct is prescribed in Schedule 2
of Regulation 8 of the Migration Agents Regulations 19983. A registered migration agent in
Australia should comply with this code. The code covers ethical and professional conduct and
it provides the requirements for a proper business practice. The code of conduct for the
registered migration agent sets out a professional conduct which says that such an agent must
act in accordance with law and the legitimate and fair interest of the client4. He is required to
deal with the client, diligently, fairly and competently. Part 2 of this Act states that such an
agent must follow a professionalism that can be observed in his arrangement that he has made
1 (2018) Asic.gov.au <https://asic.gov.au/for-consumers/codes-of-conduct/>
2 Corporations Act 2001
3 Migration Agents Regulation 1998
4 Code of Conduct for registered migration agents. (2017). [ebook] Mara.gov.au. Available at:
https://www.mara.gov.au/media/553229/Code_of_Conduct_April_2017.pdf [Accessed 25 Sep. 2018].