Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act:
"former temporary resident" : a person is a former temporary resident if:
(a) before, on or after the commencement of this section, the person:
(i) was, under the Migration Act 1958 , the holder of a temporary visa, except a visa prescribed under subsection (2) of this section, that has ceased to be in effect; and
(ii) left Australia after starting to be the holder of the visa (whether the visa ceased to be in effect before, when or after the person left); and
(b) at least 6 months have passed since the later of the following events (or either of them if they occurred at the same time):
(i) the visa ceased to be in effect;
(ii) the person left Australia; and
(c) the person:
(i) is not, under that Act, the holder of a temporary visa or permanent visa; and
(ii) is neither an Australian citizen nor a New Zealand citizen; and
(iii) has not made a valid application for a permanent visa that has not been finally determined under that Act.
(2) The regulations may prescribe a visa for the purposes of subparagraph (a)(i) of the definition of former temporary resident in subsection (1).
Note: The regulations may prescribe a visa by reference to a class of visas: see subsection 13(3) of the Legislation Act 2003 .