Document ID: chunk:federal_register_of_legislation:C2004A00785:clause:1_3:p2
Version: federal_register_of_legislation:C2004A00785
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 2/2)
Character Range: 4797–6204

for a determination under this subsection stating that:
 (a) the person was residing in Australia on 26 February 2001, but was temporarily absent from Australia on that day; or
 (b) the person commenced, or recommenced, residing in Australia during the period of 3 months beginning on 26 February 2001.

 (2F) If a person makes an application under subsection (2E), the Secretary must make the determination if:
 (a) the Secretary is satisfied that paragraph (2E)(a) or (2E)(b) applies to the person; and
 (b) the application was made within whichever of the following periods is applicable:
 (i) if paragraph (2E)(a) applies to the person—the period of 12 months beginning on 26 February 2001;
 (ii) if paragraph (2E)(b) applies to the person—the period of 3 years beginning on 26 February 2001.
The Secretary must give a copy of the determination to the person.

 (2G) The Secretary must make a determination under this subsection in respect of a person if the person is a protected SCV holder because of subsection (2B). If the Secretary is required to make such a determination:
 (a) the determination must state that the person was residing in Australia on 26 February 2001, but was temporarily absent from Australia on that day; and
 (b) the determination must be made within the period of 6 months of the person's return to Australia; and
 (c) a copy of the determination must be given to the person.