11When person meets residency requirements

11 When person meets residency requirements

(1)  For the purposes of this Act, a person meets the residency requirements if –

(a) the person –

(i) is an Australian citizen; or

(ii) is a permanent resident of Australia; or

(iii) has been resident in Australia for at least 3 continuous years immediately before the person makes the relevant first request; and

(b) the person has been ordinarily resident in Tasmania for at least 12 continuous months immediately before the person makes the relevant first request.

(2)  If a person’s PMP is unable to determine if the person meets the residency requirements, the person’s PMP may request the Commission to advise the PMP as to whether the person meets the residency requirements.

(3)  The Commission may, after receiving a request under subsection (2) from a person’s PMP, advise the PMP, in writing, that the person –

(a) meets the residency requirements; or

(b) does not meet the residency requirements.

(4)  If the Commission, under subsection (3)  –

(a) advises a person’s PMP that the person meets the residency requirements, the person is to be taken for the purposes of this Act to meet the residency requirements; or

(b) advises a person’s PMP that the person does not meet the residency requirements, the person is to be taken for the purposes of this Act not to meet the residency requirements, unless and until the Commission issues a subsequent advice under this section.

(5)  For the purposes of this Act, evidence of a person being, or not being, at a particular time, ordinarily resident in Tasmania includes, but is not limited to including, evidence of any of the following:

(a) the day on which the person was issued a driver licence under an Act of the State, or an Act of another State or a Territory;