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SOCIAL SECURITY ACT 1991 - SECT 1061ZN

Residence requirement

  (1)   Sections   1061ZK, 1061ZM and 1061ZMA only have effect in relation to a person on a day on which:

  (a)   the person is in Australia and is:

  (i)   an Australian resident or a special category visa holder residing in Australia; or

  (ii)   the holder of a visa included in a class of visas determined by the Minister for the purposes of this paragraph; or

  (iii)   a person declared by the Minister to be a person to whom this subparagraph applies; or

  (b)   the person:

  (i)   is in Australia; and

  (ii)   is receiving a social security pension or benefit solely because of the operation of the scheduled international agreement between Australia and New Zealand.

Note:   If the person is temporarily absent from Australia, the person continues to be qualified for a health care card for a maximum period of up to 6 weeks (see Division   4).

  (2)   The Minister may, by legislative instrument, declare that a person who:

  (a)   is included in a specified class of persons; and

  (b)   is, or has been, in Australia in specified circumstances;

is a person to whom subparagraph   (1)(a)(iii) applies.

  (3)   The circumstances that may be specified in a declaration under subsection   (2) include circumstances that existed or exist at any time before or after the making of the declaration.


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