Document ID: chunk:federal_register_of_legislation:C2004A02993:body:0:p5
Version: federal_register_of_legislation:C2004A02993
Segment Type: other
Provision Reference: 
Character Range: 10462–13006

(3) (a), (b), (c) or (d) of the Migration Act 1958 as in force from time to time during that period had occurred, would have become a prohibited non-citizen by virtue of sub-section 8 (3) of that Act as so in force or, in a case where he was such a person, he was, during that period, a person to whom a declaration in force under sub-section (2) applies;

    (c) in relation to a period during which the person was present in a prescribed Territory, if—
         (i) his continued presence in that Territory was not, during that period, subject to any limitation as to time imposed by law, or, in a case where his continued presence in that Territory was subject to such a limitation, he would have been a permanent resident for the purposes of this Act if he had been present in Australia (other than a prescribed Territory), or if he had been present in the other prescribed Territory, during that period; and
         (ii) his presence in that Territory during that period was not in contravention of a law of that Territory; or
    (d) in relation to a period during which the person was not present in Australia, if he was, during that period—
         (i) the holder of, or deemed to be included in—
             (a) a return endorsement that was in force; or
             (b) a document or endorsement in force under a law of a prescribed Territory, being a document or endorsement that, under the regulations, is to be treated as, or having been during a specified period, the equivalent of a return endorsement during that period; or
         (ii) a person included in a class of persons declared by the regulations to be, or to have been during a specified period, permanent residents for the purposes of this Act, being persons who have, or have had, an association with a prescribed Territory.
"(2) The Minister may, by instrument in writing, declare that persons included in a specified class of persons, being persons (other than Australian citizens) who—
    (a) if an event of the kind referred to in paragraph 8 (3) (d) of the Migration Act 1958, as in force from time to time before the prescribed date, had occurred, would have become prohibited immigrants by virtue of sub-section 8 (3) of that Act as so in force; or
    (b) if an event of the kind referred to in paragraph 8 (3) (d) of the Migration Act 1958, as in force from time to time on or after the prescribed date, had occurred, would have become prohibited non-citizens by virtue of sub-section 8 (3) of that Act as so in force,
shall be taken to be, or to have