Document ID: chunk:federal_register_of_legislation:C2006C00046:clause:1_70
Version: federal_register_of_legislation:C2006C00046
Segment Type: clause
Provision Reference: sch 1 cl 70
Character Range: 33218–35370

70  Applications for registration made before 21 March 1998

(1) This item makes special provision for an individual's application to be registered as a registered agent if:
 (a) the application was made under section 288 of the Migration Act 1958 before 21 March 1998; and
 (b) the applicant had not been registered as a result of the application before that day; and
 (c) neither the Secretary nor the Migration Agents Registration Board had made a decision before that day not to register the applicant.

(2) Part 3 of the Migration Act 1958 as amended by this Schedule applies to the application as if the applicant had made the application to the Migration Agents Registration Authority.

(3) That Part applies as if the application were made on the form approved for the purposes of subsection 288(2) of the Migration Act 1958 as in force on and after 21 March 1998.

(4) That Part applies as if any registration application fee on the application had been paid, if:
 (a) the applicant had paid levy on the application under the Migration Agents Registration (Application) Levy Act 1992; or
 (b) the application was exempt from levy under that Act.

(5) If the Secretary had published notice of the application in the Gazette and a statement under subsection 289(1) of the Migration Act 1958 as in force before 21 March 1998, Part 3 of that Act as in force on and after that day applies as if:
 (a) the applicant had given notice of his or her intention to apply for registration under subsection 288(1A) of that Act (as in force on and after 21 March 1998); and
 (b) the notice given by the applicant had stated that the time for objections ended 6 weeks after the day the Secretary published notice of the application.

(6) In deciding whether the applicant should be registered, the Migration Agents Registration Authority must consider an objection to registering the applicant, even if it was made to the Secretary before 21 March 1998.

Note: The Migration Agents Registration Authority may also consider any further submission requested by the Migration Agents Registration Board under section 309 of the Migration Act 1958. See item 78.