Document ID: chunk:federal_register_of_legislation:C2015C00383:clause:3_7:p2
Version: federal_register_of_legislation:C2015C00383
Segment Type: clause
Provision Reference: sch 3 cl 7 (pt 2/3)
Character Range: 23938–26437

to this assessment.
(5) If:
 (a) an application (the old application) had been made under subsection 23AA(2) or 23AB(3) of the old Act before the commencement day in relation to a child; and
 (b) the child satisfied paragraphs 23AA(2)(a), (b) and (c) or 23AB(3)(a), (b) and (c), as the case requires, at the time that application was made; and
 (c) the Minister had not decided the application immediately before the commencement day;
the old application is, on and from the commencement day, taken to be an application (a new application) to become an Australian citizen again made under section 29 of the new Act.
Note: The new application will be assessed under Subdivision C of Division 2 of Part 2 of the new Act. Subitem (7) is also relevant to this assessment.
(6) If:
 (a) a person had given the Minister a declaration (the old declaration) under section 23B of the old Act before the commencement day; and
 (b) the Minister had not registered the old declaration or refused to register the old declaration immediately before that day;
the old declaration is, on and from the commencement day, taken to be an application (a new application) to become an Australian citizen again made under section 29 of the new Act.
Note: The new application will be assessed under Subdivision C of Division 2 of Part 2 of the new Act. Subitem (7) is also relevant to this assessment.

Assessing new applications under the new Act
(7) In assessing a new application under the new Act, a reference in the new Act to the time the person made the application is taken to be a reference to the time the old application or the old declaration, as the case requires, was made under the old Act.
Note: The new application will be assessed under the provisions of the new Act. The effect of this subitem is that some of those provisions will be applied at the time the old application or the old declaration, as the case requires, was made under the old Act.
(8) In applying section 22 of the new Act to a new application covered by subitem (2), 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 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