# Applicant must not be registered if suspension would be in effect

> act-s291A — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

291A Applicant must not be registered if suspension would be in
         effect
               If:
                 (a) an applicant has been registered (the previous registration) at
                     some time before making the application; and
                 (b) the Migration Agents Registration Authority decided to
                     suspend the previous registration (whether or not that
                     decision was stayed); and
                 (c) the previous registration ended on or after the suspension
                     decision;
               then the applicant must not be registered during a period in which
               the previous registration would have been suspended had the
               previous registration not already ended.
               Example 1: A registered migration agent’s registration is suspended for a period.
                          The agent is deregistered under section 302 so the suspension of the
                          registration ends. The agent cannot be re-registered until the
                          suspension period ends.
               Example 2: The Migration Agents Registration Authority suspends a registered
                          migration agent’s registration. The agent applies for review of the
                          decision and a stay order is made in relation to the decision. The agent









                          continues to practise, while the stay order is in force, until the agent’s
                          registration ends. Subsection 288(6A) prevents the agent from being
                          re-registered until the review proceedings are finalised. The agent
                          cannot be re-registered if the suspension decision is affirmed on
                          review and the suspension would not have ended (had the registration
                          continued).
               Example 3: Under section 300, a registered migration agent’s registration is
                          continued after the expiry day of the agent’s registration. The
                          Migration Agents Registration Authority makes a decision to suspend
                          the agent’s registration until the agent complies with a condition, and
                          so the registration ends because of subsection 300(4). The agent
                          cannot be re-registered until the agent complies with the condition.