Document ID: chunk:federal_register_of_legislation:C2005C00239:clause:1_71
Version: federal_register_of_legislation:C2005C00239
Segment Type: clause
Provision Reference: sch 1 cl 71
Character Range: 73682–74715

71  After subclause 5(2) of Schedule 2
Insert:

 (2A) A person is taken to have entered Australia as a new arrival within the meaning of this subclause if, at the time of the person's entry into Australia, the person:
 (a) is the holder of a permanent visa within the meaning of the Migration Act 1958; or
 (b) is a New Zealand citizen who is lawfully present in Australia; or
 (c) is a person:
 (i) who is the holder of a temporary visa within the meaning of the Migration Act 1958; and
 (ii) who has made application for a permanent visa under the Migration Act 1958 and the application has not been withdrawn or otherwise finally determined; and
 (iii) in respect of whom either an authority to work in Australia is in force, or another person (being the person's spouse, parent or child) is an Australian or the holder of a permanent visa under the Migration Act 1958.

 (2B) A person who is overseas is taken to have returned to Australia for the purposes of this clause if the person returns for a period of at least 90 days.