Australian Citizenship (Transitionals and Consequentials) Act 2007 (21 of 2007)

Schedule 3   Application and transitional provisions

Part 1   Provisions relating to the enactment of the Australian Citizenship Act 2007

5B   Citizenship by conferral - persons who are permanent residents at commencement

If:

(a) a person is a permanent resident (worked out under the old Act) immediately before the commencement day; and

(b) the person makes an application under subsection 21(1) of the new Act within the period of 3 years beginning on the commencement day;

then, for the purposes of that application, subsections 22(1) to (2), (4A) and (5A) of the new Act do not apply and the following subsections of section 22 of the new Act apply instead:

(1) For the purposes of section 21, a person satisfies the residence requirement if the person has been present in Australia as a permanent resident for:

(a) a total period of at least 1 year in the period of 2 years before the day the person made the application; and

(b) a total period of at least 2 years in the period of 5 years before that day.

(2) Paragraph (1)(b) does not apply if the person:

(a) was born in Australia; or

(b) was an Australian citizen at any time before the person made the application.

(3) For the purposes of subsection (1), the Minister must not take into account any period during which the person has been:

(a) confined in a prison; or

(b) confined in a psychiatric institution by order of a court made in connection with proceedings for an offence against an Australian law in relation to the person.