5Permanent resident

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.