Commonwealth Consolidated Acts

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AUSTRALIAN CITIZENSHIP ACT 2007 - SECT 5

Permanent resident

             (1)  For the purposes of this Act, a person is a permanent resident at a particular time if and only if:

                     (a)  the person is present in Australia at that time and holds a permanent visa at that time; or

                     (b)  both:

                              (i)  the person is not present in Australia at that time and holds a permanent visa at that time; and

                             (ii)  the person has previously been present in Australia and held a permanent visa immediately before last leaving Australia; or

                     (c)  the person is covered by a determination in force under subsection (2) at that time.

             (2)  The Minister may, by legislative instrument, determine that:

                     (a)  persons who hold a special category visa or a special purpose visa; or

                     (b)  persons who have held a special category visa; or

                     (c)  persons who are present in Norfolk Island or the Territory of Cocos (Keeling) Islands;

and who satisfy specified requirements are, or are during a specified period, persons to whom this subsection applies.

Permanent resident under the old Act

             (3)  If, under this Act, it is necessary to work out if a person was a permanent resident at a time before the commencement day, work that out under the Australian Citizenship Act 1948 as in force at that time.



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