Document ID: chunk:federal_register_of_legislation:F2016L01117:reg:8:p1
Version: federal_register_of_legislation:F2016L01117
Segment Type: reg
Provision Reference: reg 8 (pt 1/2)
Character Range: 6641–9191

8  Subclass 159 (Provisional Resident Return) visa taken to have been granted
 (1) A non‑citizen is taken to have been granted a Subclass 159 visa, of a kind described in subsection (4), under the Migration Act 1958 immediately after the final transition time if subsection (2) or (3) applies to the non‑citizen.

Non‑citizen holder of general entry permit or temporary entry permit
 (2) This subsection applies to a non‑citizen if, immediately before the final transition time, he or she:
 (a) held a general entry permit, or a temporary entry permit, granted under the Immigration Act 1980 (Norfolk Island); and
 (b) did not hold a permanent visa under the Migration Act 1958.

Non‑citizen child in Norfolk Island of parent holding permit other than visitor permit
 (3) This subsection applies to a non‑citizen born after 30 December 2015 and before 1 July 2016 if, immediately before the final transition time:
 (a) he or she was in Norfolk Island; and
 (b) he or she did not hold any of the following under the Immigration Act 1980 (Norfolk Island):
 (i) an unrestricted entry permit;
 (ii) a general entry permit;
 (iii) a temporary entry permit; and
 (c) he or she was not a resident of Norfolk Island under that Act; and
 (d) he or she was not a New Zealand citizen; and
 (e) at least one of his or her parents:
 (i) held an unrestricted entry permit under that Act as a New Zealand citizen; or
 (ii) held a general entry permit or temporary entry permit under that Act; and
 (f) he or she did not hold a permanent visa under the Migration Act 1958.

Kind of Subclass 159 visa taken under this section to have been granted
 (4) A Subclass 159 visa taken under this section to have been granted is taken to be a temporary visa permitting the holder to travel to, enter and remain in Australia for the period:
 (a) starting when the visa is taken to come into effect under section 9; and
 (b) ending at the end of 30 June 2017.

Condition on Subclass 159 visa taken under this section to have been granted
 (5) A Subclass 159 visa taken under this section to have been granted is taken to be subject to the condition that, while the holder is in Australia, the holder must live, study and work only in Norfolk Island, apart from any period during the whole of which the visa holder:
 (a) has not turned 25; and
 (b) is a dependent child of a person who is ordinarily resident in Norfolk Island; and
 (c) lives elsewhere in Australia for the purpose of study; and
 (d) meets the requirements mentioned in condition 8105 (which relates to students