Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 306B

    For the purposes of this Division:

  (a)   if a person ceases to be a registered migration agent because the person's period of registration expires under section   299:

  (i)   the person becomes an inactive migration agent at the time of the cessation; and

  (ii)   the person remains an inactive migration agent until the end of the period of 2 years after the cessation or until the person again becomes a registered migration agent, whichever happens first; and

  (b)   if, at a person's request, the Migration Agents Registration Authority deregisters the person under section   302:

  (i)   the person becomes an inactive migration agent at the time of the deregistration; and

  (ii)   the person remains an inactive migration agent until the end of the period of 2 years after the deregistration or until the person again becomes a registered migration agent, whichever happens first; and

  (ba)   if a person ceases to be a registered migration agent because the Migration Agents Registration Authority cancels the person's registration under section   302A, or because the person's registration ends under section   333B:

  (i)   the person becomes an inactive migration agent at the time of the cessation of the registration; and

  (ii)   the person remains an inactive migration agent until the end of the period of 2 years after the cessation, or until the person again becomes a registered migration agent, whichever happens first; and

Note 1:   The Authority must cancel the registration of an agent who is an unrestricted legal practitioner, or that of an agent who is a restricted legal practitioner, but is not eligible (see section   302A).

Note 2:   Section   333B provides that the registration of an unrestricted legal practitioner as a migration agent ends when Division   8 commences (which is also when this paragraph commences).

  (c)   if the Migration Agents Registration Authority cancels a person's registration under section   303:

  (i)   the person becomes an inactive migration agent at the time of the cancellation; and

  (ii)   the person remains an inactive migration agent for 2 years; and

  (d)   if the Migration Agents Registration Authority suspends a person's registration under section   303:

  (i)   the person becomes an inactive migration agent at the time of the suspension; and

  (ii)   the person remains an inactive migration agent for the period of the suspension; and

  (e)   if, while a person is a registered migration agent, the person becomes physically or mentally incapable, for a continuous period of not less than 14 days, of giving immigration assistance:

  (i)   the person becomes an inactive migration agent at the end of that period of 14 days; and

  (ii)   the person remains an inactive migration agent until the person ceases to be physically or mentally incapable of giving immigration assistance.