Document ID: chunk:federal_register_of_legislation:C2013A00057:clause:1_5
Version: federal_register_of_legislation:C2013A00057
Segment Type: clause
Provision Reference: sch 1 cl 5
Character Range: 4199–6193

5  After subsection 22B(1)
Insert:

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