Document ID: chunk:federal_register_of_legislation:C2004A01283:clause:1_300:p1
Version: federal_register_of_legislation:C2004A01283
Segment Type: clause
Provision Reference: sch 1 cl 300 (pt 1/2)
Character Range: 20644–23465

300  Automatic continuation of registration

When agent's registration is automatically continued

 (1) Subsection (4) applies to continue a registered migration agent's registration beyond the last day (the expiry day) of the agent's registration if, before the end of the expiry day:
 (a) the agent made a registration application; and
 (b) the agent paid the registration application fee (if any) in respect of the application; and
 (c) the Migration Agents Registration Authority had not decided the application.

Exception—suspension

 (2) However, subsection (4) does not apply to continue the agent's registration if, before the end of the expiry day, the Authority made a decision to suspend the agent's registration, unless:
 (a) the suspension had been completed before the end of the expiry day; or
 (b) there was a decision (other than a stay order) of the Administrative Appeals Tribunal or a court in force, immediately before the end of the expiry day, to the effect that the agent's registration is not suspended or cancelled.

Exception—cancellation

 (3) Subsection (4) also does not apply to continue the agent's registration if, before the end of the expiry day, the Authority made a decision to cancel the agent's registration, unless:
 (a) there was a decision (other than a stay order) of the Administrative Appeals Tribunal or a court in force, immediately before the end of the expiry day, to the effect that the agent's registration is not suspended or cancelled; or
 (b) there was a decision of the Administrative Appeals Tribunal or a court in force to the effect that the agent's registration is suspended, and the suspension had been completed before the end of the expiry day.

Period of continuation of registration

 (4) The agent's registration is taken to continue after the expiry day until the earliest of the following:
 (a) the Authority decides the application;
 (b) the Authority decides to suspend the agent's registration;
 (c) the Authority decides to cancel the agent's registration;
 (d) the end of the period of 10 months beginning on the day after the expiry day.

Application granted if no decision within a certain period

 (5) If, before the end of the period of 10 months beginning on the day after the expiry day, the Authority has not:
 (a) decided the registration application; and
 (b) decided to suspend the agent's registration; and
 (c) decided to cancel the agent's registration;
then the application is taken to have been granted at the end of that period.

When registration takes effect

 (6) If the Authority grants the registration application, or the registration application is taken to have been granted under subsection (5), the registration is treated as having taken effect at the end of the expiry day.

Example: An agent's registration is due