ඉන්වොයිස් සහ රිසිට්පත්: section 49 නිවැරදිව කිරීම

An invoice and a receipt are not the same thing. Under the Migration Agents Code of Conduct 2021, a registered migration agent must give an itemised invoice before taking payment for professional fees, then a receipt after payment is made, see s49. A common problem is a single line such as “professional fees”, which usually does not tell a client what work is being charged for.

What section 49 requires#

Section 49 of the Migration Agents Code of Conduct 2021 deals with two separate documents. First, there is the invoice, which is given before payment is taken. Second, there is the receipt, which is given after money is received.

The rule matters because it lets a client see what they are being asked to pay for before money leaves their account. It also creates a record of what was actually paid, when it was paid and who received it.

This sits alongside other Code rules about fees and agreements. Section 42 requires a written agreement. Section 46 requires the fee structure to be set out clearly. Section 51 says money must not be taken before the agreement is in place. If funds are held on behalf of a client, s50 about client accounts can also apply.

Invoice first, receipt after#

An invoice is a request for payment. Under s49, it needs to come before the charge is processed or the money is collected. In practice, that means before a card is charged, before a bank transfer is demanded as due, or before cash is accepted for professional work.

A receipt is evidence that payment has been made. It is given after the money is received. A receipt is not a substitute for an invoice that should have been issued first.

This order is important. If a client only gets a receipt after being charged, they may have missed the chance to check whether the work and amount match the agreement under s42 and the fee structure under s46.

What “itemised” means in practice#

“Itemised” means the work is broken into parts that a client can understand and compare. The point is not to create a long document for its own sake. The point is to show, in plain terms, what service is being billed, how much is charged for each part and what disbursements or government charges are separate.

A weak invoice often has one line only, for example:

• වෘත්තීය ගාස්තු

That tells a client almost nothing. It does not show whether the amount covers an initial consultation, eligibility assessment, drafting, form preparation, lodgement, correspondence, follow-up, briefing counsel or something else entirely.

A better invoice separates the work into meaningful parts, for example:

• Initial consultation
• Document review
• Eligibility and pathway assessment
• Preparing and lodging application
• Drafting statutory declarations or submissions
• Responding to Department requests
• Tribunal preparation, if separately agreed
• Disbursements, such as translation or interpreter costs
• Department charges, listed separately from professional fees

The wording can vary, but the client should be able to see what each line is for. If the charging method is hourly, the invoice should make that visible in a practical way, for example by showing the hourly rate, the time spent and the total for each task or stage. If the charging method is fixed fee, the invoice should show the fixed amount for each agreed stage or service.

This also helps with comparison. A person using a marketplace like VisaBid may receive several quotes for similar work. An itemised invoice makes it easier to compare scope, not just headline price.

Why a single line “professional fees” is a problem#

A single bundled line can hide too much. It can make it hard to tell whether the amount matches the written agreement, whether some work is optional, or whether extra charges have been added without being identified clearly.

It can also blur the line between different types of costs. Professional fees charged by an agent or lawyer are one thing. Department charges, translation costs, medicals, police checks and barrister fees are different things. Putting everything into one line can make the total harder to understand.

Another issue is disputes. If there is later disagreement about what was included, a one-line invoice gives very little evidence. An itemised invoice gives both sides a clearer record of what was billed and why.

From a consumer point of view, itemisation also helps a client decide whether to proceed at all. That is one reason the Code links together s38, the consumer guide, s42, the written agreement, s46, the fee structure and s49, the invoice and receipt requirement.

What an invoice and receipt usually include#

The Code does not work well if the document is technically issued but missing the practical details a client needs. In everyday use, an invoice usually includes the agent or practice name, contact details, the MARN if the provider is a registered migration agent, the date, the client name or matter reference, and a list of the services being billed.

It will usually also show the amount for each item, the total due, the due date and how payment can be made. If Department charges or third-party costs are included, they are best listed separately from professional fees so the client can see the difference.

A receipt usually includes the date payment was received, the amount paid, the payment method and what the payment was for. It should also identify who received the money. If money is being held on behalf of a client rather than earned immediately, records around the client account under s50 become important.

If advertising or document branding mentions migration services, the provider’s registration details also matter in other parts of the Code. Section 25 deals with showing the MARN in advertising. If there is any doubt about whether a person is registered, the public register and checking tools matter. VisaBid has a page to check an operator, and OMARA maintains the official register.

How this fits with quotes, agreements and client money#

A quote is not the same as an invoice. A quote sets out proposed work and fees before a client engages the provider. An invoice is the formal request for payment for identified services. Both are easier to understand when they are itemised.

Under s38, a consumer guide must be given first. Under s42, there must be a written agreement. Under s51, payment must not be taken before that agreement is in place. Then under s49, an itemised invoice comes before the charge, and a receipt follows after payment.

This sequence protects both sides. The client can see the provider’s terms and costs before paying. The provider has a clearer paper trail showing the agreed work, the amount invoiced and the amount received.

If money is paid into a client account to be held for future work or disbursements, s50 may apply. That is different from money that has already been earned as professional fees under the agreement. Whether funds must be held in a client account depends on how the money is being handled and what the agreement says.

People comparing service providers often focus only on the total fee. A better comparison is scope plus price. The පිරිවැය ඇස්තමේන්තුකරු can help with general ranges, but the real value is in seeing whether one quote includes consultation, preparation, lodgement and follow-up, while another may price those stages separately.

What clients can look for before paying#

The first check is whether the provider is allowed to give immigration assistance at all. In Australia, giving immigration assistance for a fee without being a registered migration agent or an Australian legal practitioner can breach the Migration Act 1958, see s280 and s281. If a migration agent is involved in an application, Form 956 is commonly used to record appointment or assistance, see s312A.

The second check is whether the paperwork lines up. The consumer guide should come first under s38. The written agreement should be in place under s42. The fee structure should be clear under s46. Then the invoice should be itemised and issued before payment under s49.

The third check is whether the invoice separates professional fees from other costs. Department charges change over time and are best checked on the relevant visa page rather than relying on an old invoice or screenshot. Third-party costs such as translations, health examinations and police certificates can also sit outside the provider’s own fees.

The fourth check is whether the provider makes promises that the Code does not allow. Section 26 prohibits guarantees of outcomes. A proper invoice describes work and cost, not a promised visa result.

If records are missing or unclear, it is sensible to ask for clarification in writing before paying. If there is a serious concern about conduct, the starting points are the provider’s complaints process, OMARA where relevant, and information such as VisaBid’s පැමිණිලි පිටුව සහ consumer guide page.

Common questions#

Is an invoice enough or do I also need a receipt?#

They are different documents for different stages. Under s49, the invoice comes before payment is taken, and the receipt comes after money is received. A receipt does not fix the problem if there was no proper itemised invoice first.

Can a migration agent just write professional fees on one line?#

That wording is often too vague on its own. “Itemised” means the client can see what work or stage is being charged for, and how the amount is made up. One bundled line may make it hard to compare quotes or check whether the charge matches the agreement.

What should be separated on a migration invoice?#

Professional fees are usually separated from Department charges and third-party costs. Third-party costs can include translations, interpreters, medicals, police checks or barrister fees. Clear separation helps show what the agent or lawyer is charging personally, and what is being passed on from somewhere else.

What if I paid and only got a receipt afterwards?#

That can raise a question about compliance with s49, because the invoice is meant to come before payment and be itemised. Other parts of the Code may also matter, including s42 on the written agreement and s51 on taking money only after the agreement is in place. If there is concern about conduct, it helps to keep the documents, payment records and all written communications together.

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මෙම මාර්ගෝපදේශය ගැන. මෙය Australia තුළ ක්‍රියාවලියක් ක්‍රියා කරන ආකාරය පිළිබඳ සාමාන්‍ය තොරතුරු වේ. මෙය සංක්‍රමණ සහාය නොවන අතර ඔබගේ තත්ත්වය පිළිබඳ උපදෙස්ද නොවේ. එහි 280 වගන්තිය යටතේ Migration Act 1958 only a registered migration agent or an Australian legal practitioner can give you that. Government charges are indexed and most change on 1 July, so check any figure at immi.homeaffairs.gov.au, සහ එහි ඇති ඕනෑම නියෝජිතයෙකු පරීක්ෂා කරන්න OMARA register.