Superannuation (Unclaimed Money and Lost Members) Act 1999

PART 3A - PAYMENT OF UNCLAIMED SUPERANNUATION OF FORMER TEMPORARY RESIDENTS  

Division 1 - Preliminary  

SECTION 20AA   MEANING OF FORMER TEMPORARY RESIDENT  

20AA(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.

20AA(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 .