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Australian Citizenship Act 2007 - Determination under subsection 5(2) - Australian Citizenship (Permanent Resident Status) - June 2007

Authoritative Version
IMMI 07/037 Determinations/Other as made
This instrument determines certain persons to be permanent residents at a particular time.
Administered by: Immigration and Border Protection
Registered 30 Jun 2007
Tabling HistoryDate
Tabled HR07-Aug-2007
Tabled Senate07-Aug-2007
Date of repeal 01 Oct 2017
Repealed by Sunsetting

 

 

 

EXPLANATORY STATEMENT

 

Australian Citizenship Act 2007

 

AUSTRALIAN CITIZENSHIP (PERMANENT RESIDENT STATUS)

 

(SUBSECTION 5(2))

 

1.                  This Instrument is made under subsection 5(2) of the Australian Citizenship Act 2007 (‘the Act’).

 

2.                  Subsection 5(2) of the Act provides that the Minister may, by legislative instrument, determine that:

a.    persons who hold a special category visa or 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.

 

3.                  The purpose of the Instrument is to determine certain persons to be permanent residents for the purposes of the Act.

 

4.                   The Instrument operates to determine that certain New Zealand citizens, being those who hold or have held a special category visa at a specified period and who satisfy specified requirements or who hold certain special purpose visas, on the basis of being an airline crew member or airline positioning crew member ordinarily resident in Australia, are considered to be permanent residents for the purposes of Australian citizenship.  The Instrument also determines that certain persons present in Norfolk Island or the Territory of Cocos (Keeling) Islands, who satisfy specified requirements, are permanent residents for the purposes of the Act.

 

 

  1. Pursuant to section 18 of the Legislative Instruments Act 2003 consultation was not necessary.  The Instrument replaces two existing instruments made under the Australian Citizenship Act 1948 (‘the 1948 Act’) for this purpose and incorporates certain persons, being persons present in Norfolk Island or the Territory of Cocos (Keeling) Islands, who were previously specified under paragraphs 5A(1)(c) and (d) of the 1948 Act and Regulation 5 of the Australian Citizenship Regulations 1960.  The Instrument maintains the status quo.  The same persons are to be permanent residents for the purposes of the new Act as were for the 1948 Act.

 

  1. The Instrument, IMMI 07/037, commences on 1 July 2007.