Document ID: chunk:federal_register_of_legislation:F2024C00977:reg:7b
Version: federal_register_of_legislation:F2024C00977
Segment Type: reg
Provision Reference: reg 7B
Character Range: 35871–37984

7B  Stay orders—prescribed supervisory requirements
 (1) For section 306AA of the Act, the supervisory requirements mentioned in subregulations (2), (2A), (3) and (4) are prescribed.
 (2) The registered migration agent who benefits from the stay of a decision to either cancel or suspend his or her registration (the supervised agent) must be supervised by another registered migration agent (the supervising agent).
 (2A) The supervising agent must have at least 5 years experience as a registered migration agent, being a period that does not include any time during which:
 (a) the agent's registration was suspended; or
 (b) the agent was subject to a caution that was in effect.
 (3) The supervising agent must not:
 (a) be the subject of a complaint in relation to which the Authority is considering the cancellation or suspension of the supervising agent's registration, or cautioning the supervising agent, or refusing an application for registration by the supervising agent; or
 (b) be subject to any disciplinary action; or
 (c) be employed by the business or corporation that employs the supervised agent.
 (4) The supervising agent must:
 (a) meet with or telephone any new client of the supervised agent within 28 days of the supervised agent agreeing to represent the client, and explain the supervising agent's role; and
 (b) make file notes of all meetings with any new client of the supervised agent; and
 (c) check any new visa or review application, and the client's file, prior to lodging by the supervised agent; and
 (d) check preparations for any Administrative Review Tribunal hearing involving the supervised agent, and attend the hearing with the supervised agent; and
 (e) work directly and regularly (at least once every 21 calendar days) with the supervised agent to ensure compliance with the Code of Conduct prescribed for the purposes of subsection 314(1) of the Act; and
 (f) notify the Authority in writing within 14 days after agreeing to supervise the supervised agent; and
 (g) notify the Authority in writing within 14 days after ceasing to supervise the supervised agent.