The instrument, Departmental reference LIN 22/103, is made under subsection 5(2) of the Australian Citizenship Act 2007 (the Act).

The instrument repeals Australian Citizenship (Permanent Resident Status) Determination (IMMI 17/108) in accordance with subsection 33(3) of the Acts Interpretation Act 1901, which provides that a power to make a legislative instrument includes a power to amend or repeal that instrument in the same manner, and subject to the same conditions, as the power to make the instrument.

The instrument commences on 1 January 2023, and is a legislative instrument for the Legislation Act 2003 (the Legislation Act).

Source: LIN22013-2022.pdf and LIN22013-2022-Explanatory-Statement.pdf