Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Schedule 4—Requirement for applicants to provide further information

Schedule 4 Requirement for applicants to provide further information

Part 1 Amendments

Migration Act 1958

1  Section 288B

Repeal the section, substitute:

288B   Requirement to provide further information etc.

Scope

             (1)  This section applies in relation to an applicant who, on the day the registration application is taken to have been made, is not a registered migration agent.

Notice to provide further information etc.

             (2)  The Migration Agents Registration Authority may, by written notice given to the applicant, require the applicant to provide information in relation to the application, that is stated in the notice, by doing either of the following:

                     (a)  providing to the Authority, within a period prescribed for the purposes of this paragraph (or that period as extended under subsection (5)) and stated in the notice:

                              (i)  a statutory declaration; and

                             (ii)  any other specified documents;

                     (b)  appearing before the Authority, at a time and place stated in the notice (or at another time or place fixed under subsection (5)), and providing such information, with any specified documents, at such an appearance.

Refusal of application if applicant does not comply with notice

             (3)  The Authority may consider refusing the application if the applicant fails to comply with a requirement in the notice under subsection (2).

Note:          If the Authority is considering refusing a registration application, it must invite the applicant to make a further submission in support of the application (see subsection 309(1)).

             (4)  An applicant must not be registered if:

                     (a)  the applicant has failed to comply with a requirement of a notice under subsection (2):

                              (i)  within the period to which paragraph (2)(a) applies; or

                             (ii)  at the time to which paragraph (2)(b) applies; and

                     (b)  the Authority has invited the applicant to make a further submission under subsection 309(1) in relation to the information required by the notice under subsection (2); and

                     (c)  any of the following applies:

                              (i)  the applicant fails to make such a further submission within a reasonable time after the invitation is given;

                             (ii)  if the applicant is given an opportunity to appear before the Authority under paragraph 310(3)(b)—the applicant fails to appear before the Authority;

                            (iii)  the Authority is not satisfied that the applicant has provided the information required by the notice under subsection (2) of this section after consideration of such a further submission, and (if the applicant is given an opportunity to appear before the Authority under paragraph 310(3)(b)) any information given by the applicant at such an appearance.

Other matters

             (5)  The Authority may, by written notice given to the applicant:

                     (a)  upon a request of the applicant made within the period to which paragraph (2)(a) applies, extend the period; or

                     (b)  upon a request of the applicant made before the time to which paragraph (2)(b) applies, fix a new time or place for the applicant to appear before the Authority.

             (6)  A notice under subsection (2) must include a statement explaining the consequences under this section of failing to comply with the requirements of the notice.

Part 2 Application of amendments

2  Application of amendments made by Part 1

Despite the amendments of the Migration Act 1958 made by Part 1 of this Schedule, section 288B of that Act as in force immediately before the commencement of this Schedule continues to apply in relation to a requirement made under subsection 288B(1) of that Act before that commencement.