Document ID: chunk:federal_register_of_legislation:C2004A01283:clause:1_306agaa
Version: federal_register_of_legislation:C2004A01283
Segment Type: clause
Provision Reference: sch 1 cl 306AGAA
Character Range: 38800–41107

306AGAA  Minister may refer agent again if Migration Agents Registration Authority takes no disciplinary action

 (1) If the Migration Agents Registration Authority decides not to discipline a registered migration agent under section 306AG, the Minister must decide whether or not to refer the agent to the Authority for disciplinary action under section 306AGAC.

Minister to consider Authority's reasons

 (2) In making his or her decision, the Minister must consider the reasons given by the Authority for its decision not to discipline the agent.

Minister must invite and consider submissions from agent

 (3) If the Minister is considering referring the agent to the Authority for disciplinary action, the Minister must give the agent a written notice:
 (a) stating that the Minister is considering making such a decision and the reasons for it; and
 (b) inviting the agent to make a written submission to the Minister:
 (i) in relation to the reasons given by the Authority for its decision not to discipline the agent; and
 (ii) on the disciplinary action to be taken against the agent if the Minister decides to refer the agent; and
 (iii) on any other matter the agent considers relevant; and
 (c) stating that any submission must be made within the period (the objection period) of 14 days after the notice is given.

 (4) Before the end of the objection period, the agent may, by notice in writing, request an extension of that period.

 (5) The Minister must grant an extension of 14 days if the notice contains reasons for the request.

 (6) The Minister must consider any written submission received within the objection period (or that period as extended).

 (7) The Minister must also consider any written submission made to him or her under subsection 306AE(1) in relation to his or her decision to refer the agent to the Authority under section 306AC.

Minister's decision to refer agent

 (8) After considering the matters mentioned in subsections (2), (6) and (7), the Minister may refer the agent to the Authority for disciplinary action.

Note 1: If the Minister refers the agent, the Authority must discipline the agent: see section 306AGAC.

Note 2: The Minister's decision and the Authority's decision are reviewable by the Administrative Appeals Tribunal: see section 306AJ.