Section 302A — Cancellation of registration—Australian legal practitioners

302A Cancellation of registration—Australian legal practitioners

(1) The Migration Agents Registration Authority must cancel the registration of a registered migration agent, by removing the agent’s name from the Register, if the Authority is satisfied:

(a) that the agent is an unrestricted legal practitioner; or

(b) that the agent is a restricted legal practitioner who is not eligible.

Note 1: For when a person is eligible, see sections 278A and 333C. Note 2: A registered migration agent must notify the Authority within 28 days after becoming a restricted legal practitioner or an unrestricted legal practitioner (see section 312). Note 3: An unrestricted legal practitioner, or a restricted legal practitioner other than an eligible restricted legal practitioner, cannot be registered as a migration agent (see section 289B).

(2) The Authority may cancel the registration of a registered migration agent under subsection (1) because of the status of the agent as an

Australian legal practitioner only on the basis of a document authorised by a body authorised to grant practising certificates to Australian legal practitioners in the relevant State or Territory.

(3) The Authority must give a registered migration agent written notice of a decision to cancel the agent’s registration under subsection (1).

(4) The notice must set out the reason for the decision.

(5) The decision takes effect at the time the agent is given written notice of it. Note: Section 332H sets out when the agent is taken to have been given the notice.