Commonwealth Consolidated Acts

SUPERANNUATION (UNCLAIMED MONEY AND LOST MEMBERS) ACT 1999 - SECT 20AA

             (1)  In this Act:

"former temporary resident" : a person is a former temporary resident if:

                     (a)  before, on or after the commencement of this section, the person:

                              (i)  was, under the Migration Act 1958 , the holder of a temporary visa, except a visa prescribed under subsection (2) of this section, that has ceased to be in effect; and

                             (ii)  left Australia after starting to be the holder of the visa (whether the visa ceased to be in effect before, when or after the person left); and

                     (b)  at least 6 months have passed since the later of the following events (or either of them if they occurred at the same time):

                              (i)  the visa ceased to be in effect;

                             (ii)  the person left Australia; and

                     (c)  the person:

                              (i)  is not, under that Act, the holder of a temporary visa or permanent visa; and

                             (ii)  is neither an Australian citizen nor a New Zealand citizen; and

                            (iii)  has not made a valid application for a permanent visa that has not been finally determined under that Act.

             (2)  The regulations may prescribe a visa for the purposes of subparagraph (a)(i) of the definition of former temporary resident in subsection (1).

Note:          The regulations may prescribe a visa by reference to a class of visas: see subsection 13(3) of the Legislative Instruments Act 2003 .