Document ID: chunk:federal_register_of_legislation:C2004A00721:clause:1_2
Version: federal_register_of_legislation:C2004A00721
Segment Type: clause
Provision Reference: sch 1 cl 2
Character Range: 2026–3519

2  Subsection 3(1) (paragraph (e) of the definition of Australian resident)
Repeal the paragraph, substitute:
 (f) a person who:
 (i) is, within the meaning of the Migration Act 1958, the holder of a temporary visa; and
 (ia) is not covered by regulations made under subsection 6A(1); and
 (ii) has applied for a permanent visa under that Act and the application has not been withdrawn or otherwise finally determined; and
 (iii) has not, both:
 (A) on or after the commencement of this paragraph, made an application for a protection visa under that Act (whether or not the person has applied for any other visa), other than an application that has been withdrawn or otherwise finally determined; and
 (B) whether before or after the commencement of this paragraph, made an application for a parent visa under that Act (whether or not the person has applied for any other visa and whether or not the application for the parent visa has been withdrawn or otherwise finally determined); and
 (iv) has not, whether before or after the commencement of this paragraph, made an application for a parent visa under that Act (whether or not the person has applied for any other visa), other than an application that has been withdrawn or otherwise finally determined; and
 (v) in respect of whom either:
 (A) another person, being the person's spouse, parent or child, is an Australian citizen or the holder of a permanent visa under that Act; or
 (B) an authority to work in Australia is in force.