Document ID: chunk:federal_register_of_legislation:C2025C00162:section:7:p1
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 7 (pt 1/5)
Character Range: 63641–66278

7  Australian residence definitions
 (1) In this Act, unless the contrary intention appears:
Australian resident has the meaning given by subsection (2).
former refugee means a person who was a refugee but does not include a person who ceased to be a refugee because his or her visa or entry permit (as the case may be) was cancelled.
holder, in relation to a visa, has the same meaning as in the Migration Act 1958.
new PRC (temporary) entry permit means an entry permit within class 437 of Division 2.6—Group 2.6 in Part 2 of Schedule 1 to the Migration (1993) Regulations as in force before 1 September 1994.
old PRC (temporary) entry permit means a PRC (temporary) entry permit within the meaning of the Migration (1989) Regulations as in force before 1 February 1993.
Pacific engagement visa means:
 (a) a visa referred to in the regulations made under the Migration Act 1958 as a Subclass 192 (Pacific Engagement) visa; or
 (b) a visa of a kind determined under subsection (4C).
permanent visa, special category visa and visa have the same meaning as in the Migration Act 1958.
protected SCV holder has the meaning given by subsections (2A), (2B), (2C) and (2D).
qualifying Australian residence has the meaning given by subsection (5).
qualifying residence exemption has the meaning given in subsections (6) and (6AA).
 (2) An Australian resident is a person who:
 (a) resides in Australia; and
 (b) is one of the following:
 (i) an Australian citizen;
 (ii) the holder of a permanent visa;
 (iii) a special category visa holder who is a protected SCV holder.
Note: For holder and permanent visa see subsection (1).
 (2A) A person is a protected SCV holder if:
 (a) the person was in Australia on 26 February 2001, and was a special category visa holder on that day; or
 (b) the person had been in Australia for a period of, or for periods totalling, 12 months during the period of 2 years immediately before 26 February 2001, and returned to Australia after that day.
 (2B) A person is a protected SCV holder if the person:
 (a) was residing in Australia on 26 February 2001; and
 (b) was temporarily absent from Australia on 26 February 2001; and
 (c) was a special category visa holder immediately before the beginning of the temporary absence; and
 (d) was receiving a social security payment on 26 February 2001; and
 (e) returned to Australia before the later of the following:
 (i) the end of the period of 26 weeks beginning on 26 February 2001;
 (ii) if the Secretary extended the person's portability period for the payment under section 1218C—the end of the extended period.
 (2C) A person who commenced, or recommenced,