# Eligibility for restricted legal practitioners

> act-s278A — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

278A Eligibility for restricted legal practitioners

               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.