Section 306B — Migration Act 1958: Inactive migration agents

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.