# Automatic continuation of registration

> act-s300 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

300 Automatic continuation of registration

               When agent’s registration is automatically continued
          (1) Subsection (4) applies to continue a registered migration agent’s
              registration beyond the last day (the expiry day) of the agent’s
              registration if, before the end of the expiry day:
                (a) the agent made a registration application; and
                (b) the agent paid the registration application fee (if any) in
                    respect of the application; and
                (c) the Migration Agents Registration Authority had not decided
                    the application.

               Exception—suspension
          (2) However, subsection (4) does not apply to continue the agent’s
              registration if, before the end of the expiry day, the Authority made
              a decision to suspend the agent’s registration, unless:
                (a) the suspension had been completed before the end of the
                    expiry day; or
                (b) there was a decision (other than a stay order) of the ART or a
                    court in force, immediately before the end of the expiry day,
                    to the effect that the agent’s registration is not suspended or
                    cancelled.

               Exception—cancellation
          (3) Subsection (4) also does not apply to continue the agent’s
              registration if, before the end of the expiry day, the Authority made
              a decision to cancel the agent’s registration, unless:
                (a) there was a decision (other than a stay order) of the ART or a
                    court in force, immediately before the end of the expiry day,
                    to the effect that the agent’s registration is not suspended or
                    cancelled; or
                (b) there was a decision of the ART or a court in force to the
                    effect that the agent’s registration is suspended, and the
                    suspension had been completed before the end of the expiry
                    day.








               Period of continuation of registration
          (4) The agent’s registration is taken to continue after the expiry day
              until the earliest of the following:
               (a) the Authority decides the application;
               (b) the Authority decides to suspend the agent’s registration;
               (c) the Authority decides to cancel the agent’s registration;
               (d) the end of the period of 10 months beginning on the day after
                     the expiry day.

               Application granted if no decision within a certain period
          (5) If, before the end of the period of 10 months beginning on the day
              after the expiry day, the Authority has not:
                (a) decided the registration application; and
                (b) decided to suspend the agent’s registration; and
                (c) decided to cancel the agent’s registration;
              then the application is taken to have been granted at the end of that
              period.

               When registration takes effect
          (6) If the Authority grants the registration application, or the
              registration application is taken to have been granted under
              subsection (5), the registration is treated as having taken effect at
              the end of the expiry day.
               Example: An agent’s registration is due to end on 31 October (the expiry day).
                        On 20 October the agent applies to be registered again. The Authority
                        has not decided the application by the end of 31 October.
                          The agent’s registration continues automatically past 31 October until
                          the Authority decides the application.
                          On 15 November the Authority grants the application. The new 12
                          month registration is treated as having taken effect at the end of
                          31 October.










               When Authority makes decision
          (7) For the purposes of this section, the Authority is taken to have
              made a decision even if the decision is later stayed.
