Document ID: chunk:federal_register_of_legislation:C2015C00383:clause:3_5b
Version: federal_register_of_legislation:C2015C00383
Segment Type: clause
Provision Reference: sch 3 cl 5B
Character Range: 18532–20254

5B  Citizenship by conferral—persons who are permanent residents at commencement
(1) This item applies if:
 (a) a person is a permanent resident (worked out under the old Act) immediately before the commencement day; and
 (b) the person makes an application under subsection 21(1) of the new Act within the period of 3 years beginning on the commencement day.
(2) In applying section 22 of the new Act to an application covered by subitem (1), subsections 22(1) to (2), (4A) and (5A) of the new Act do not apply and the following subsections of section 22 of the new Act apply instead:
 (1) For the purposes of section 21, a person satisfies the general residence requirement if the person has been present in Australia as a 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.
(3) In applying section 22 of the new Act to an application covered by subitem (1), 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 (2) of this item).