Document ID: chunk:federal_register_of_legislation:C2013A00057:clause:1_1
Version: federal_register_of_legislation:C2013A00057
Segment Type: clause
Provision Reference: sch 1 cl 1
Character Range: 1032–2790

1  After subsection 22A(1)
Insert:

Ministerial discretion—alternative residence requirements
 (1A) The Minister may, by writing, determine that paragraphs (1)(d) to (g) do not apply in relation to the applicant if:
 (a) the Minister is satisfied that paragraphs (1)(a), (b) and (c) apply in relation to the applicant; and
 (b) the Minister is satisfied that the applicant satisfies:
 (i) paragraphs 21(2)(a), (b), (d), (e), (f), (g) and (h); or
 (ii) paragraphs 21(3)(a), (b), (d), (e) and (f); or
 (iii) paragraphs 21(4)(a), (b), (c), (e) and (f); and
 (c) the applicant was a permanent resident throughout the period of 90 days immediately before the day the applicant made the application; and
 (d) the applicant was not present in Australia as an unlawful non‑citizen at any time during the period of 180 days immediately before the day the applicant made the application; and
 (e) the applicant has given the Minister an undertaking, in a form approved by the Minister under subsection (8), that, if the applicant becomes an Australian citizen in circumstances where the Minister exercises the power under this subsection:
 (i) the applicant will be ordinarily resident in Australia throughout the period of 2 years beginning on the day the applicant becomes an Australian citizen; and
 (ii) the applicant will be present in Australia for a total of at least 180 days during that 2‑year period; and
 (f) the applicant has declared, in the undertaking, that the applicant understands the effect of section 34A.
Note: See also subsections (6) to (11).
 (1B) If the Minister exercises the power under subsection (1A) in relation to the applicant, then, for the purposes of section 21, the applicant is taken to satisfy the special residence requirement.