Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 278A

Eligibility--general

  (1)   A person who is a restricted legal practitioner is eligible , subject to this section.

  (2)   The person remains eligible until the earliest of the following times:

  (a)   the end of the eligible period, or of a longer period as extended under this section;

  (b)   when the person becomes an unrestricted legal practitioner.

Note 1:   A person may be eligible whether or not the person is a registered migration agent at the time of becoming a restricted legal practitioner.

Note 2:   While a restricted legal practitioner is eligible , the practitioner may become, or continue to be, a registered migration agent (see sections   289B and 302A). However, to be registered as a migration agent, an eligible restricted legal practitioner must also satisfy the requirements of section   289A, including completing a prescribed course and passing a prescribed exam.

  (3)   The eligible period is the period of 2 years after the person first held a restricted practising certificate.

Note:   However, the eligible period for a person who was a restricted legal practitioner immediately before Division   8 commences (which is also when this section commences) is 2 years after that commencement: see section   333C.

Extension of eligible period

  (4)   An eligible person may apply to the Migration Agents Registration Authority for an extension of the eligible period for a period of up to 2 years:

  (a)   in a form approved in writing by the Authority, containing such information relevant to the application as is required by the form; and

  (b)   if the application is made 3 months or more before the end of the eligible period.

Note:   An eligible person may apply for an extension under this subsection whether or not the person is a registered migration agent at the time of the extension application.

  (5)   A person may make no more than one application for extension under subsection   (4).

  (6)   On an application under subsection   (4), the Authority must, by written notice given to the applicant no later than 28 days before the end of the eligible period:

  (a)   extend the eligible period by a stated period of no more than 2 years; or

  (b)   refuse to extend the eligible period.

  (7)   The Authority may extend the eligible period by a particular period only if the Authority considers it reasonable to do so in the circumstances, including (but not limited to) any circumstances determined under subsection   (9).

  (8)   The notice of the decision must include any details determined under subsection   (9) in relation to the decision.

  (9)   The Minister may, by legislative instrument, make a determination for the purposes of subsection   (7) or (8).

Review by ART

  (10)   An application may be made to the ART for review of a decision by the Authority:

  (a)   under paragraph   (6)(a), to extend the eligible period by a particular stated period; or

  (b)   under paragraph   (6)(b), to refuse to extend the eligible period.

Note:   The ART Act requires that reasonable steps be taken to notify people whose interests are affected by reviewable decisions of the Authority of their rights to seek review of the decision.