# Inactive migration agents

> act-s306B — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

306B Inactive migration agents
               For the purposes of this Division:
                (a) if a person ceases to be a registered migration agent because
                     the person’s period of registration expires under section 299:
                       (i) the person becomes an inactive migration agent at the
                           time of the cessation; and
                      (ii) the person remains an inactive migration agent until the
                           end of the period of 2 years after the cessation or until
                           the person again becomes a registered migration agent,
                           whichever happens first; and
                (b) if, at a person’s request, the Migration Agents Registration
                     Authority deregisters the person under section 302:
                       (i) the person becomes an inactive migration agent at the
                           time of the deregistration; and
                      (ii) the person remains an inactive migration agent until the
                           end of the period of 2 years after the deregistration or








                           until the person again becomes a registered migration
                           agent, whichever happens first; and
                (ba) if a person ceases to be a registered migration agent because
                     the Migration Agents Registration Authority cancels the
                     person’s registration under section 302A, or because the
                     person’s registration ends under section 333B:
                       (i) the person becomes an inactive migration agent at the
                           time of the cessation of the registration; and
                      (ii) the person remains an inactive migration agent until the
                           end of the period of 2 years after the cessation, or until
                           the person again becomes a registered migration agent,
                           whichever happens first; and
               Note 1:      The Authority must cancel the registration of an agent who is an
                            unrestricted legal practitioner, or that of an agent who is a restricted
                            legal practitioner, but is not eligible (see section 302A).
               Note 2:      Section 333B provides that the registration of an unrestricted legal
                            practitioner as a migration agent ends when Division 8 commences
                            (which is also when this paragraph commences).
                 (c) if the Migration Agents Registration Authority cancels a
                     person’s registration under section 303:
                       (i) the person becomes an inactive migration agent at the
                           time of the cancellation; and
                      (ii) the person remains an inactive migration agent for 2
                           years; and
                 (d) if the Migration Agents Registration Authority suspends a
                     person’s registration under section 303:
                       (i) the person becomes an inactive migration agent at the
                           time of the suspension; and
                      (ii) the person remains an inactive migration agent for the
                           period of the suspension; and
                 (e) if, while a person is a registered migration agent, the person
                     becomes physically or mentally incapable, for a continuous
                     period of not less than 14 days, of giving immigration
                     assistance:
                       (i) the person becomes an inactive migration agent at the
                           end of that period of 14 days; and








                      (ii) the person remains an inactive migration agent until the
                           person ceases to be physically or mentally incapable of
                           giving immigration assistance.