Fixed fee or hourly: what section 46 actually permits

Paying for migration help often turns into an argument about scope, not price. A quote may look cheap until extra work appears as hourly add-ons, or a fixed fee turns out to exclude important steps. Section 46 of the Migration Agents Code of Conduct 2021 sets clear rules about how fees can be charged and explained.

What section 46 allows#

Section 46 of the Migration Agents Code of Conduct 2021 deals with fee structures. In simple terms, it permits two main ways to charge professional fees.

The first is a fixed fee. That is a set amount for a defined piece of work. The second is an hourly rate, but only if the agreement also includes an estimate of the number of hours likely to be needed. In either case, the amount quoted must be GST inclusive if GST applies.

This matters because a price is only comparable when it is described the same way. A fixed fee with no scope can hide exclusions. An hourly rate with no estimate is not very useful for budgeting.

Section 46 works alongside other parts of the Code. Section 42 requires a written agreement. Section 49 deals with invoices and receipts. Section 51 says a migration agent must not ask for or receive fees until the agreement is in place.

Fixed fee means fixed scope#

A fixed fee does not mean unlimited work. It means the work included in the agreement is done for a set amount.

That makes scope the most important part of a fixed-fee quote. The agreement needs to say what work is included, what is not included and what event marks the end of that stage. If those points are vague, the fixed fee can become a source of dispute.

A well-scoped fixed fee often breaks the matter into stages. For example, one stage may cover an initial eligibility review and document checklist. Another may cover preparing and lodging one visa application. A later stage may cover responding to a Department request for more information, if that stage is included at all.

This is the practical difference between a fair variation and a surprise invoice. If extra work falls outside an agreed stage, it can be priced as a new stage before the work starts. If the original scope is unclear, extra charges can feel like the price changed halfway through.

Hourly rates are allowed, but not open-ended#

Section 46 also permits charging by the hour. But it does not permit an open-ended arrangement with no estimate.

The agreement should state the hourly rate and the estimated number of hours. That gives a total estimated professional fee, even if the final amount may move up or down depending on the work actually required. GST should be shown as included where applicable.

Hourly billing is often used where the amount of work is hard to predict at the start. Examples can include complex history reviews, large amounts of documentary material, urgent work, or matters involving several family members and long timelines. It can also be used for limited tasks, such as reviewing documents already prepared by the client.

The key point is transparency. If one quote says "$330 per hour" and another says "fixed fee $2,750", the comparison is incomplete unless the hourly quote also estimates the likely hours. For example, 5 to 7 hours gives a very different picture from 15 to 20 hours.

GST inclusive pricing is part of a usable quote#

A quote is easier to compare when it uses the full amount payable for professional fees. Section 46 requires the fee structure to be clear, and in practice that means GST should not appear later as an unexpected addition where GST applies.

Many disputes come from small wording differences. "Plus GST" and "GST inclusive" are not the same thing. If a professional fee quote is shown as a single figure, it should be clear whether that figure already includes GST.

This also helps when comparing several quotes on a marketplace. Two agents may be charging very similar base fees, but one may display a GST-inclusive amount and the other may not. The cheaper-looking quote is not always the lower final price.

Professional fees are separate from government charges, medicals, police certificates, translations, skills assessments and other third-party costs. Those items should be identified separately in the agreement or quote. If you want a general budgeting tool before seeking quotes, the công cụ ước tính chi phí can help with a broad picture.

How to scope a fixed fee so variations are a new stage#

The cleanest fixed-fee arrangements describe the work in stages with clear start and end points. This protects both sides. The client knows what is being paid for, and the practitioner knows when extra work needs a new agreement or variation.

A useful scope usually covers these points:

• the exact service, such as review, preparation, lodgement or post-lodgement assistance
• the application type or matter type being handled
• how many applicants are included
• how many rounds of document review are included
• whether contact with third parties is included
• whether responses to Department requests are included
• whether interview preparation is included
• what happens if there is a change in facts or new complications arise

For example, "prepare and lodge one application for one main applicant" is clearer than "full assistance". "Includes one response to a routine request for more information up to a stated page limit" is clearer than "ongoing support".

The agreement can also define what counts as a new stage. Common triggers include adding family members, changing visa strategy, receiving a complex request for information, needing health or character submissions, replacing false or inconsistent documents, or dealing with a refusal or cancellation. Those matters can involve substantial extra work and often justify a separate fee stage.

A good fixed-fee structure does not try to predict every problem. It sets boundaries. If something happens outside the boundary, the next step is priced and agreed before the extra work starts.

What a written agreement should show#

Section 42 of the Code requires a written agreement between the client and the registered migration agent. Before that, section 38 requires the consumer guide to be given. Visa applicants can read the consumer guide before comparing providers.

A clear agreement usually includes:

• the agent's name and MARN
• the client name or names
• the service description and scope
• the fee structure under section 46
• whether the fee is fixed or hourly
• the estimated hours if hourly
• whether GST is included
• disbursements and third-party costs
• payment timing and refund terms
• what documents or information the client must provide
• what ends the agreement

Section 49 also matters after payment. A client is entitled to an invoice or receipt that matches the agreement and the money paid. If money is held in a client account, section 50 sets additional rules for handling that money.

Before accepting a quote, it also helps to confirm that the operator is properly registered or is an Australian legal practitioner. Section 280 of the Migration Act 1958 makes it an offence for a person who is not qualified under the law to give immigration assistance in Australia, and section 281 deals with charging for that unregistered assistance. The operator check page is a practical starting point.

Comparing quotes properly#

The cheapest headline figure is not always the lowest total cost. A more useful comparison looks at price, scope and who is doing the work.

When reviewing quotes, compare these items side by side:

• fixed fee or hourly rate
• estimated hours if hourly
• GST inclusive wording
• what stages are included
• who signs and lodges documents
• whether post-lodgement work is included
• likely extra-charge triggers
• refund terms if the matter ends early

Professional fee ranges vary widely by application type, complexity, urgency and the amount of evidence involved. Straightforward matters may attract lower fixed fees, while complex employer, family or review-related work can be several times higher. The point of a marketplace is not to find a universal price, but to compare like with like.

If you want itemised quotes from registered migration agents and Australian legal practitioners, describe the matter and request quotes. That makes it easier to compare fee structure, scope and exclusions in one place.

Câu hỏi thường gặp#

Can a migration agent charge hourly in Australia?#

Yes, section 46 of the Migration Agents Code of Conduct 2021 permits hourly charging. The written agreement should also include an estimate of the likely hours, so the client has a usable estimate of the professional fee.

Does a fixed fee mean unlimited work?#

No. A fixed fee usually applies to the work described in the agreement. If extra work falls outside that agreed scope, it can be quoted as a new stage or variation before the work starts.

Does GST have to be included in a migration agent quote?#

Where GST applies, the quote should make clear whether the professional fee is GST inclusive. A GST-inclusive figure is easier to compare and reduces the risk of an unexpected extra amount later.

What if a migration agent sends an extra invoice not in the agreement?#

The first step is to compare the invoice with the written agreement required by section 42 and the fee structure under section 46. If the extra work was not part of the agreed scope, there should usually be a clear new stage, variation or further agreement rather than an unexplained additional charge, and concerns about conduct can be raised through the complaints page.

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About this guide. This is general information about how a process works in Australia. It is not immigration assistance and it is not advice about your situation. Under section 280 of the 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, and check any agent on the OMARA register.