Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For paragraph 91D (1) (a) of the Act, PRC is a safe third country in relation to a person who entered Australia without lawful authority on or after 1 January 1996 and, as covered by the agreement between Australia and PRC, meets any of the following criteria:
(a) is a Vietnamese refugee settled in PRC;
(b) has been a Vietnamese refugee settled in PRC;
(c) is a close relative of a person mentioned in paragraph (a) or (b);
(d) is dependent on a person mentioned in paragraph (a) or (b).
(2) For paragraph 91D (1) (b) of the Act, a person mentioned in subregulation (1) has a prescribed connection with PRC if, at any time before the person entered Australia:
(a) the person resided in PRC; or
(b) a parent of the person resided in PRC.
(3) In this regulation:
(a) agreement between Australia and PRC means the agreement constituted by the Memorandum of Understanding, the English text of which is set out in Schedule 11, together with the exchange of letters between representatives of Australia and PRC dated 18 September 2008 and 7 October 2008, the text of which is set out in Schedule 12; and
(b) the use of the word Vietnamese is a reference to nationality or country of origin, and is not an ethnic description.
Note 1 PRC is defined in regulation 1.03.
Note 2 This regulation ceases to be in force at the end of 4 December 2010 -- see subsection 91D (4) of the Act.