Document ID: chunk:federal_register_of_legislation:C2024C00431:section:5
Version: federal_register_of_legislation:C2024C00431
Segment Type: section
Provision Reference: s 5
Character Range: 19234–20449

5  Permanent resident
 (1) For the purposes of this Act, a person is a permanent resident at a particular time if and only if:
 (a) the person is present in Australia at that time and holds a permanent visa at that time; or
 (b) both:
 (i) the person is not present in Australia at that time and holds a permanent visa at that time; and
 (ii) the person has previously been present in Australia and held a permanent visa immediately before last leaving Australia; or
 (c) the person is covered by a determination in force under subsection (2) at that time.
 (2) The Minister may, by legislative instrument, determine that:
 (a) persons who hold a special category visa or a special purpose visa; or
 (b) persons who have held a special category visa; or
 (c) persons who are present in Norfolk Island or the Territory of Cocos (Keeling) Islands;
and who satisfy specified requirements are, or are during a specified period, persons to whom this subsection applies.

Permanent resident under the old Act
 (3) If, under this Act, it is necessary to work out if a person was a permanent resident at a time before the commencement day, work that out under the Australian Citizenship Act 1948 as in force at that time.