AUSTRALIAN CITIZENSHIP (PERMANENT

RESIDENT STATUS – NEW ZEALAND CITIZENS) DECLARATION 2001

I, PHILIP MAXWELL RUDDOCK, Minister for Immigration and Multicultural Affairs, make this Declaration under subsection 5A(2) of the Australian Citizenship Act 1948.

Dated   16 February                          2001

PHILIP RUDDOCK

Minister for Immigration and Multicultural Affairs

1.                     Name of Declaration

This Declaration is the Australian Citizenship (Permanent Resident Status – New Zealand Citizens) Declaration 2001.

2.                        Commencement

This Declaration commences on 27 February 2001.

3.                        Revocation and Transitional

(1)      The Declaration made by the Minister for Immigration and Ethnic Affairs on 22 August 1994 under subsection 5A (2) of the Act is revoked.

(2)      Despite subsection (1), that Declaration continues to apply, in respect of a period, or periods, on or after 27 February 2001, to an application made by a New Zealand citizen before 27 February 2001 for the grant of a certificate of Australian citizenship under section 13 of the Act if:

(a)                                                       the Minister has not made a decision on the application; and

(b)           the Minister would have granted the application if the Minister had made the decision on the date of the application.

Note The Declaration made by the Minister for Immigration and Ethnic Affairs on 22 August 1994 continues to apply in respect of a period, or periods, during the period from 1 September 1994 to 26 February 2001 (inclusive) (see section 5A of the Act).

4.                        Definitions 

In this Declaration:

Act means the Australian Citizenship Act 1948.

dependent child has the same meaning as in the Migration Regulations 1994.

diplomatic or consular representative has the same meaning as in the Migration Act 1958.

holder, in relation to a visa, has the same meaning as in the Migration Act 1958.

special category visa has the same meaning as in the Migration Act 1958.

special purpose visa has the same meaning as in the Migration Act 1958.

spouse has the same meaning as in the Migration Regulations 1994.

5.   Certain New Zealand citizens taken to be permanent residents (Act s 5A)

(1)      This section applies to the following persons:

(a)           a New Zealand citizen who was in Australia on 26 February 2001 as the holder of special category visa;

(b)           a New Zealand citizen who 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;

(c)           a New Zealand citizen not mentioned in paragraph (a) or (b) who 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.

(2)      A New Zealand citizen mentioned in subsection (1) is taken to be, or to have been, a person to whom subsection 5A (2) of the Act applies during any period while the person is, or was:

(a)           in Australia as the holder of a special category visa; and

(b)           not taken to be the holder of a special purpose visa; and

(c)           not in Australia as a diplomatic or consular representative of New Zealand, or the spouse or dependent child of a diplomatic or consular representative of New Zealand.

(3)      A New Zealand citizen mentioned in subsection (1) is taken to be, or to have been, a person to whom subsection 5A (2) of the Act applies during any period while the New Zealand citizen, although ordinarily resident in Australia, is or was outside Australia if:

(a)   immediately before last leaving Australia for that period, the New Zealand citizen:

(i)            was in Australia as the holder of a special category visa that was not cancelled;
and

(ii)          was not taken to be the holder of a special purpose visa; and

(iii)        was not in Australia as a diplomatic or consular representative of New Zealand, or the spouse or dependent child of a diplomatic or consular representative of New Zealand; and

(b)           the New Zealand citizen was not outside Australia for that period because he or she was removed or deported from Australia under the Migration Act 1958.

(4)    To avoid doubt, subsections (2) and (3) apply to a New Zealand citizen mentioned in paragraph (1)(c) regardless of the date certified or when the certificate is issued.