Document ID: chunk:federal_register_of_legislation:C2025C00162:section:7:p3
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 7 (pt 3/5)
Character Range: 68396–71016

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.
 (3) In deciding for the purposes of this Act whether or not a person is residing in Australia, regard must be had to:
 (a) the nature of the accommodation used by the person in Australia; and
 (b) the nature and extent of the family relationships the person has in Australia; and
 (c) the nature and extent of the person's employment, business or financial ties with Australia; and
 (d) the nature and extent of the person's assets located in Australia; and
 (e) the frequency and duration of the person's travel outside Australia; and
 (f) any other matter relevant to determining whether the person intends to remain permanently in Australia.
 (3A) For the purposes of determining, under subsections (2A) to (2D), whether a person is a protected SCV holder, Australia is taken, at all relevant times, to have included Norfolk Island.
 (4) For the purposes of:
 (a) Part 2.2 (age pension); and
 (b) Part 2.3 (disability support pension);
residence of a claimant in an external Territory is taken to be residence in Australia.
 (4AA) Whether residence in a particular place is residence in an external territory for the purposes of subsection (4) is to be determined as at the time of residence.
 (4B) For the purposes of a newly arrived resident's waiting period, the day on which a permanent visa is granted to a person or a person becomes the holder of a permanent visa is:
 (a) if an initial decision maker decides to grant a visa to the person—that day; or
 (b) if:
 (i) an initial decision maker decides not to grant a visa to the person; and
 (ii) on a review of the decision referred to in subparagraph (i), that decision is set aside (however described) and a visa is granted to the person;
  the day on which the initial decision maker decided not to grant the visa to the person.
 (4C) The Minister may, by legislative instrument, determine a kind of visa for the purposes of paragraph (b) of the definition of Pacific engagement visa in subsection (1) if the Minister has been advised by the Minister administering the Migration Act 1958 (the Immigration Minister) that,