Document ID: chunk:federal_register_of_legislation:F2023C00537:reg:3:p1
Version: federal_register_of_legislation:F2023C00537
Segment Type: reg
Provision Reference: reg 3 (pt 1/2)
Character Range: 533–3240

3          Definitions
                       In this instrument:
airline crew member has the meaning given by regulation 1.03 of the Migration Regulations 1994.
airline positioning crew member has the meaning given by regulation 1.03 of the Migration Regulations 1994.
dependent child has the meaning given by regulation 1.03 of the Migration Regulations 1994.
diplomatic or consular representative has the meaning given by subsection 5(1) of the Migration Act 1958.
return endorsement means a return endorsement issued under section 11A of the Migration Act 1958 before the day when the Statute Law (Miscellaneous Provisions) Act (No. 1) 1987 received the Royal Assent, other than a return endorsement that has expired or been cancelled, including a document or notation mentioned in subsection 9(3) of the Migration Amendment Act 1979.
spouse has the meaning given by regulation 1.03 of the Migration Regulations 1994.
Subclass 189 visa means the Subclass 189 (Skilled—Independent) visa prescribed by the Migration Regulations 1994.
      Note          Some terms have the same meaning as in the Act, including ordinarily resident, special category visa and special purpose visa.

4 Persons who hold a special category visa
       (1) For subsection 5(2) of the Act, this section applies to a person who:
(a) is a New Zealand citizen; and
(b) holds a special category visa; or
(c) both:
 (i) held a special category visa on or after 1 July 2023; and
 (ii) holds a permanent visa which was granted to the person on or after 1 July 2023.
       (2) The person is taken to have become a permanent resident on 1 July 2022 if the person was granted a special category visa before 1 July 2022.
       (3) The person is taken to have become a permanent resident on the day between 1 July 2022 and 30 June 2023 when the person was granted a special category visa for the first time.
       (4) The person is a permanent resident if the person is granted a special category visa on or after 1 July 2023.
       (5) However, this section does not apply to a person who:
(a) is in Australia as a diplomatic or consular representative of New Zealand; or
(b) is the spouse or dependent child of a diplomatic or consular representative of New Zealand.

5 Persons who have held a special category visa
       (1) For subsection 5(2) of the Act, this section applies to a person who:
(a) is a New Zealand citizen; and
(b) is outside of Australia but not because the person was removed or deported from Australia under the Migration Act 1958; and
(c) immediately before last leaving Australia, was the holder of:
 (i) a special category visa; or
 (ii) a special purpose visa taken to have been granted on the basis of the