Section 306B — Migration Act 1958 (Cth)

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.

Related sections

• s 306 — Review by the ART
• s 306AA — Stay orders
• s 306A — Objects of this Division
• s 306C — Definition of client
• s 306D — Power to obtain documents from inactive migration agent
• s 306E — Power to obtain documents from representative of deceased inactive migration agent

Research how courts apply s 306B

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.