Commonwealth Numbered Acts

AUSTRALIAN CITIZENSHIP AMENDMENT ACT 1984 No. 129 of 1984 - SECT 5

5. After section 5 of the Principal Act the following section is inserted:
Certain non-citizens to be permanent residents for the purposes of Act

"5A. (1) A person who is not an Australian citizen shall be taken to be, or to
have been, a permanent resident for the purposes of this Act -

   (a)  in relation to a period before the prescribed date during which the
        person was present in Australia (other than a prescribed Territory),
        if -

        (i)    his continued presence in Australia (other than a prescribed
Territory) was not, during that period, subject to any limitation
as to time imposed by law;

        (ii)   he was not, during that period, a prohibited immigrant; and

        (iii)  he was not, during that period, a person who, if an event of
               the kind referred to in paragraph 8 (3) (a), (b), (c) or (d) of
               the Migration Act 1958 as in force from time to time during
               that period had occurred, would have become a prohibited
               immigrant by virtue of sub-section 8 (3) of that Act as so in
               force, or, in a case where he was such a person, he was, during
               that period, a person to whom a declaration in force under
               sub-section (2) applies;

   (b)  in relation to a period on or after the prescribed date during which
        the person was present in Australia (other than a prescribed
        Territory), if -

        (i)    his continued presence in Australia (other than a prescribed
Territory) was not, during that period, subject to any limitation
as to time imposed by law;

        (ii)   he was not, during that period, a prohibited non-citizen; and

        (iii)  he was not, during that period, a person who, if an event of
               the kind referred to in paragraph 8 (3) (a), (b), (c) or (d) of
               the Migration Act 1958 as in force from time to time during
               that period had occurred, would have become a prohibited
               non-citizen by virtue of sub-section 8 (3) of that Act as so in
               force or, in a case where he was such a person, he was, during
               that period, a person to whom a declaration in force under
               sub-section (2) applies;

   (c)  in relation to a period during which the person was present in a
        prescribed Territory, if -

        (i)    his continued presence in that Territory was not, during that
               period, subject to any limitation as to time imposed by law,
               or, in a case where his continued presence in that Territory
               was subject to such a limitation, he would have been a
               permanent resident for the purposes of this Act if he had been
               present in Australia (other than a prescribed Territory), or if
               he had been present in the other prescribed Territory, during
               that period; and

        (ii)   his presence in that Territory during that period was not in
               contravention of a law of that Territory; or

   (d)  in relation to a period during which the person was not present in
        Australia, if he was, during that period -

        (i)    the holder of, or deemed to be included in -

                (A)  a return endorsement that was in force; or

                (B)  a document or endorsement in force under a law of a
                     prescribed Territory, being a document or endorsement
                     that, under the regulations, is to be treated as, or
                     having been during a specified period, the equivalent of
                     a return endorsement during that period; or

        (ii)   a person included in a class of persons declared by the
               regulations to be, or to have been during a specified period,
               permanent residents for the purposes of this Act, being persons
               who have, or have had, an association with a prescribed
               Territory.

"(2) The Minister may, by instrument in writing, declare that persons included
in a specified class of persons, being persons (other than Australian
citizens) who -

   (a)  if an event of the kind referred to in paragraph 8 (3) (d) of the
Migration Act 1958, as in force from time to time before the
prescribed date, had occurred, would have become prohibited
immigrants by virtue of sub-section 8 (3) of that Act as so in force; or

   (b)  if an event of the kind referred to in paragraph 8 (3) (d) of the
        Migration Act 1958, as in force from time to time on or after the
        prescribed date, had occurred, would have become prohibited
        non-citizens by virtue of sub-section 8 (3) of that Act as so in
        force, shall be taken to be, or to have been during a specified
        period, persons to whom this sub-section applies.

"(3) Regulations made by virtue of sub-section (1) or a declaration under
sub-section (2) may be expressed to relate to a period commencing on a date
earlier than the date on which those regulations were made or that declaration
was made.

"(4) A copy of an instrument under sub-section (2) shall be published in the
Gazette.".