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

3   Expanded meaning of some expressions in the new Act

Unlawful non-citizen

(1) For the purposes of subparagraph 16(2)(b)(i), subsection 19C(3) and paragraphs 22(1)(b) and (6)(a) of the new Act, a person is taken to also have been present in Australia as an unlawful non-citizen at a particular time if the person:

(a) in relation to the period beginning on 19 December 1989 and ending on 31 August 1994 - was an illegal entrant at that time within the meaning of the Migration Act 1958 as in force at that time; and

(b) in relation to the period beginning on 2 April 1984 and ending on 18 December 1989 - was a prohibited non-citizen at that time within the meaning of that Act as in force at that time; and

(c) in relation to the period before 2 April 1984 - was a prohibited immigrant at that time within the meaning of that Act as in force at that time; and

(d) for any time - was in Australia at that time in contravention of a law of Norfolk Island or the Territory of Cocos (Keeling) Islands.

Permanent visa

(2) For the purposes of the new Act, the definition of permanent visa in section 3 of the new Act includes a valid permanent entry permit within the meaning of the Migration Act 1958 as in force immediately before 1 September 1994.

Visa

(3) For the purposes of the new Act, the definition of visa in section 3 of the new Act includes:

(a) a valid entry permit within the meaning of the Migration Act 1958 as in force immediately before 1 September 1994; and

(b) a valid visa within the meaning of that Act as in force immediately before 1 September 1994.

Defence service

(4) For the purposes of section 23 of the new Act:

(a) service in the permanent forces of the Commonwealth includes service because of a notice under section 26 of the National Service Act 1951 as in force at any time before 26 November 1964; and

(b) service in the Naval Reserve, the Army Reserve or Air Force Reserve includes service in any reserve force that is a predecessor (whether immediate or otherwise) of the Naval Reserve, the Army Reserve or Air Force Reserve.