Document ID: chunk:federal_register_of_legislation:F2023C00537:reg:7
Version: federal_register_of_legislation:F2023C00537
Segment Type: reg
Provision Reference: reg 7
Character Range: 5245–6977

7          Persons in Norfolk Island or Territory of Cocos (Keeling) Islands
              (1)     For subsection 5(2) of the Act, a person is a permanent resident if the person:
(a)   is present in Norfolk Island or the Territory of Cocos (Keeling) Islands; and
(b)   is not an Australian citizen; and
(c)   subsection (2) or (3) applies.
              (2)     For a period when the person was present in Norfolk Island or the Territory of Cocos (Keeling) Islands before 1 October 2017, the person's presence:
(a)   was not in contravention of a law of Norfolk Island or the Territory of Cocos (Keeling) Islands; and
(b)   either:
             (i)  was not, during the period when the person was present, subject to any limitation of time imposed by law; or
            (ii)  was subject to a limitation of time imposed by law, if the person would have been a permanent resident if the person:
(A)  had been present in Australia (other than in Norfolk Island or the Territory of Cocos (Keeling) Islands) in that period; or
(B)  had been present on another of the islands of Norfolk Island or the Territory of Cocos (Keeling) Islands in that period.
              (3)     For a period when the person was not present in Australia before 1 October 2017, the person was the holder of, or was taken to have been the holder of:
(a)   a visa of a class mentioned in Schedule 1; or
(b)   a return endorsement; or
(c)   a document or endorsement in force under a law of Norfolk Island or the Territory of Cocos (Keeling) Islands entitling the holder to rights equivalent to those associated with a visa of a class mentioned in Schedule 1 or a return endorsement.

Schedule 1        Classes of visas
(paragraph 7(3)(a))
Item  Class of visa