Federal Register of Legislation - Australian Government

Primary content

Declarations/Other as made
Declares classes of persons.
Administered by: Immigration and Citizenship
Registered 13 Oct 2005
Gazetted 15 Dec 2004
Date of repeal 01 Jul 2007
Repealed by Enabling legislation repealed by Act No. 8, 2007.

 

 


 

 

 

 

 

 

Commonwealth of Australia

 

 

Australian Citizenship Act 1948

 

 

DECLARATION FOR THE PURPOSES OF SUBSECTION 5A(2)

OF THE AUSTRALIAN CITIZENSHIP ACT 1948

 

I, PETER McGAURAN, Minister for Citizenship and Multicultural Affairs, acting under subsection 5A(2) of the Australian Citizenship Act 1948 (‘the Act’), hereby DECLARE that persons included in a class of persons set out in the Schedule to this Instrument are taken to be, or to have been, persons to whom subsection 5A(2) of the Act applies during any period while the persons are included in that class.

 

This Declaration relates to any period on or after 1 September 1994.

 

 

 

Dated                           29 November                         2004

 

 

 

 

 

 

PETER McGAURAN

Minister for Citizenship and Multicultural Affairs

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[NOTE 1:  Subsection 5A(2) of the Act relevantly provides the Minister may, by instrument in writing, declare that persons included in a specified class of persons are taken to be, or to have been, permanent residents for the purposes of the Act.

NOTE 2:   Subsection 5A(3) of the Act provides that a declaration under subsection 5A(2) may be expressed to relate to a period commencing on a date earlier than the date on which the declaration was made.

NOTE 3:   This instrument does not affect the operation of the Australian Citizenship (Permanent Resident Status – New Zealand Citizens) Declaration 2001.]

Schedule

 

Class 1

 

New Zealand citizens each of whom is a person:

(a)         who:

(i)             was in Australia on 26 February 2001 as the holder of a special category visa; or

(ii)           was outside Australia on 26 February 2001 but was in Australia as the holder of a special category visa for a period of, or periods that total, not less than 1 year in the 2 years immediately before that date; or

(iii)          has a certificate, issued under the Social Security Act 1991, that states that the citizen was, for the purposes of that Act, residing in Australia on a particular date, regardless of the date certified or when the certificate is issued; and

(b)        who is in Australia as the holder of a special purpose visa taken to have been granted on the basis of the person’s status as:

(i)             an airline crew member; or

(ii)           an airline positioning crew member; and

(c)         who is ordinarily resident in Australia.

 

Class 2

 

New Zealand citizens each of whom is a person:

(a)         who:

(i)             was in Australia on 26 February 2001 as the holder of a special category visa; or

(ii)           was outside Australia on 26 February 2001 but was in Australia as the holder of a special category visa for a period of, or periods that total, not less than 1 year in the 2 years immediately before that date; or

(iii)          has a certificate, issued under the Social Security Act 1991, that states that the citizen was, for the purposes of that Act, residing in Australia on a particular date, regardless of the date certified or when the certificate is issued; and

(b)         who is not in Australia; and

(c)         who is ordinarily resident in Australia; and

(d)         who, immediately before last leaving Australia, was the holder of a special purpose visa, taken to have been granted on the basis of the person’s status as:

(i)             an airline crew member; or

(ii)           an airline positioning crew member;

that had not ceased; and

(e)         who is not outside Australia because he or she was removed or deported from Australia under the Migration Act 1958.

 

 

 

 

 

[NOTE 1:  Under paragraph 5(3)(e) of the Act, a person shall be deemed to be ordinarily resident in a country if the person has his or her home in that country, or that country is the country of his or her permanent abode notwithstanding that he or she is temporarily absent therefrom, unless the person resides in that country for a special or temporary purpose only.

NOTE 2:   ‘Special category visa’ and ‘special purpose visa’ have the same meaning as in sections 32 and 33 of the Migration Act 1958 respectively.

NOTE 3:   ‘Airline crew member’ and ‘airline positioning crew member’ have the same meaning as in regulation 1.03 of the Migration Regulations 1994.]