Document ID: chunk:federal_register_of_legislation:C2004A02993:body:0:p4
Version: federal_register_of_legislation:C2004A02993
Segment Type: other
Provision Reference: 
Character Range: 8032–10667

husband and wife unless, at the time of the carrying out of the medical procedure referred to in sub-section (6), neither party to the purported marriage believed on reasonable grounds that the purported marriage was valid.
    "(8) In sub-section (6), 'medical procedure' means artificial insemination or the implantation of an embryo in the body of a woman.".

(2) Section 5 of the Principal Act is amended—
     (a) by omitting from sub-section (1) the definitions of "alien" and "the United Kingdom and Colonies";
     (b) by omitting sub-section (2);
     (c) by adding at the end of paragraph (3) (c) "and";
     (d) by omitting paragraph (3) (d);
     (e) by omitting sub-section (3a); and
     (f) by omitting from sub-section (4) ", and sub-sections 25 (1) and (3)".
5. After section 5 of the Principal Act the following section is inserted:

Certain non-citizens to be permanent residents for the purposes of Act
"5a. (1) A person who is not an Australian citizen shall be taken to be, or to have been, a permanent resident for the purposes of this Act—
    (a) in relation to a period before the prescribed date during which the person was present in Australia (other than a prescribed Territory), if—
         (i) his continued presence in Australia (other than a prescribed Territory) was not, during that period, subject to any limitation as to time imposed by law;
         (ii) he was not, during that period, a prohibited immigrant; and
         (iii) he was not, during that period, a person who, if an event of the kind referred to in paragraph 8 (3) (a), (b), (c) or (d) of the Migration Act 1958 as in force from time to time during that period had occurred, would have become a prohibited immigrant by virtue of sub-section 8 (3) of that Act as so in force, or, in a case where he was such a person, he was, during that period, a person to whom a declaration in force under sub-section (2) applies;
    (b) in relation to a period on or after the prescribed date during which the person was present in Australia (other than a prescribed Territory), if—
         (i) his continued presence in Australia (other than a prescribed Territory) was not, during that period, subject to any limitation as to time imposed by law;
         (ii) he was not, during that period, a prohibited non-citizen; and
         (iii) he was not, during that period, a person who, if an event of the kind referred to in paragraph 8 (3) (a), (b), (c) or (d) of the Migration Act 1958 as in force from time to time during that period had occurred, would have become a prohibited non-citizen by virtue of sub-section 8 (3) of that Act as so