Document ID: chunk:federal_register_of_legislation:C2015C00383:clause:3_7:p3
Version: federal_register_of_legislation:C2015C00383
Segment Type: clause
Provision Reference: sch 3 cl 7 (pt 3/3)
Character Range: 26241–27593

permanent resident for:
 (a) a total period of at least 1 year in the period of 2 years before the day the person made the application; and
 (b) a total period of at least 2 years in the period of 5 years before that day.
 (2) Paragraph (1)(b) does not apply if the person:
 (a) was born in Australia; or
 (b) was an Australian citizen at any time before the person made the application.
 (3) For the purposes of subsection (1), the Minister must not take into account any period during which the person has been:
 (a) confined in a prison; or
 (b) confined in a psychiatric institution by order of a court made in connection with proceedings for an offence against an Australian law in relation to the person.
 (4) The Minister may treat a period as one in which the person was present in Australia as a permanent resident if:
 (a) the person was engaged in activities during that period that the Minister considers to be beneficial to Australia; and
 (b) the person was not present in Australia during that period but was a permanent resident during that period.
(9) In applying section 22 of the new Act to a new application covered by subitem (2), subsections 22(5), (6) and (11) of the new Act have effect as if the reference in those subsections to "paragraph (1)(c)" were a reference to "subsection (1)" (as applied by subitem (8) of this item).