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Schedule 2—Registration periods

Schedule 2 Registration periods

Part 1 Amendments

Migration Act 1958

1  Subsection 288(2)

Omit “(unless he or she has been registered at some time in the 12 months immediately before making the application)”, substitute “, unless the individual has been registered at some time within the period, immediately before making the application, that is prescribed for the purposes of this subsection”.

2  Section 289A

Repeal the section, substitute:

289A   Applicant must not be registered if academic and vocational requirements are not satisfied

             (1)  This section applies to an applicant:

                     (a)  who has never been registered; or

                     (b)  whose registration application is made after the end of a period, prescribed for the purposes of this paragraph, immediately after the end of the applicant’s most recent period of registration.

             (2)  The applicant must not be registered unless the Migration Agents Registration Authority is satisfied that the applicant has:

                     (a)  completed a course prescribed for the purposes of this paragraph; and

                     (b)  passed an examination, prescribed for the purposes of this paragraph, within a prescribed period before the date of the registration application.

3  Section 290A

Repeal the section, substitute:

290A   Applicant must not be registered if continuing professional development requirements are not satisfied

             (1)  This section applies in relation to an applicant who has been registered at some time within the period, immediately before making the registration application, that is prescribed for the purposes of this subsection.

             (2)  The applicant must not be registered if the Migration Agents Registration Authority is satisfied that the applicant has not met, within the period prescribed for the purposes of this subsection, the prescribed requirements for continuing professional development of registered migration agents.

Part 2 Application of amendments

4  Application of amendments made by Part 1

(1)       The amendments of the Migration Act 1958 made by Part 1 of this Schedule apply in relation to a registration application made on or after the day this Schedule commences.

(2)       Despite the repeal of section 289A by Part 1 of this Schedule, regulations made for the purposes of paragraph 289A(c) of the Migration Act 1958 in force immediately before this Schedule commences continue in force after that commencement as if they had been made for the purposes of paragraph 289A(2)(a) or (b) (as the case requires) of that Act as amended by Part 1 of this Schedule.