Commonwealth Consolidated Regulations

MIGRATION REFORM (TRANSITIONAL PROVISIONS) REGULATIONS - REG 17

(1)

This subregulation applies to a non-citizen who:

(a)

is a New Zealand citizen; and

(b)

either:

(i)

was in Australia lawfully immediately before 1 September 1994; or

(ii)

was, immediately before 1 September 1994, an illegal entrant because of section 20 of the old Act; and

(c)

is not taken to hold:

(i)

a transitional visa under Part 2 or 3; or

(ii)

a Norfolk Island Permanent Resident visa under regulation 18; or

(iii)

a Subclass 995 (Diplomatic) visa under regulation 19; or

(iv)

a special purpose visa; or

(v)

an absorbed person visa; and

(d)

was not the subject of a deportation order immediately before 1 September 1994.

(1A)

This subregulation applies to a non-citizen who:

(a)

is the child of a New Zealand citizen; and

(b)

was born in Australia on or after 20 August 1986 and before 1 September 1994; and

(c)

was not a New Zealand citizen on 1 September 1994; and

(d)

satisfies the criteria set out in paragraphs (1) (b), (c) and (d).

(2)

A non-citizen to whom subregulation (1) or (1A) applies is taken to have been granted a special category visa on 1 September 1994.