Section 78 — Migration Act 1958: Children born in Australia

(1) If: (a) a child born in Australia is a non-citizen when born; and (b) at the time of the birth: (i) one of the child’s parents holds a visa (other than a special purpose visa); and (ii) the other parent is, under section 83, included in that visa or does not hold a visa (other than a special purpose visa); the child is taken to have been granted, at the time of the birth, a visa of the same kind and class and on the same terms and conditions (if any) as that visa. (2) If: (a) a child born in Australia is a non-citizen when born; and (b) at the time of the birth, each of the child’s parents holds a visa (other than a special purpose visa); the child is taken to have been granted, at the time of the birth, visas of the same kind and class and on the same terms and conditions (if any) as each of those visas. (3) Subdivisions AA, AB, AC (other than section 68) and AH do not apply in relation to visas granted under this section.