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FURTHER 1998 BUDGET MEASURES LEGISLATION AMENDMENT (SOCIAL SECURITY) ACT 1999 NO. 152, 1999 - SCHEDULE 5

- Amendments relating to newly arrived residents' waiting periods
Part 1—Amendments

Social Security Act 1991

1 Subsection 7(6AA)

After "pension PP (single)", insert ", carer payment".

2 Section 201AA (first occurring)

Renumber as section 201AAA.

3 Subsection 201AA(1)

Repeal the subsection (but not the note), substitute:

(1)
A person is subject to a newly arrived resident's waiting period if the person:

(a)
enters Australia on or after 4 March 1997; and

(b)
has not been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks.

4 Subsection 201AA(2)

Repeal the subsection, substitute:

(2)
Subsection (1) does not apply to a person who has a qualifying residence exemption for a carer payment.

5 Paragraphs 201AA(3)(b) and (4)(b)

Repeal the paragraphs, substitute;

(b)
either a carer or a special need relative.

6 Subsection 201AA(5)

Repeal the subsection, substitute:

(5)
Subsection (1) does not apply to a person if:

(a)
the person is already subject to a newly arrived resident's waiting period; or

(b)
the person has already served a newly arrived resident's waiting period; or

(c)
at the commencement of this subsection, the person has already been an Australian resident for a period of, or periods totalling, 104 weeks.

7 Subsection 201AA(6)

Repeal the subsection, substitute:

(6)
In this section:

carer has the same meaning as in the Migration Regulations.

special need relative has the same meaning as in the Migration Regulations as in force on 30 November 1998.

8 Paragraphs 201AB(a) and (b)

Repeal the paragraphs, substitute:

(a)
starts on the day the person first became an Australian resident; and

(b)
ends when the person has been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks.

9 Subparagraph 408BA(2)(d)(ia)

After "1 April 1996", insert "and before the commencement day".

10 After subparagraph 408BA(2)(d)(ia)

Insert:

(ib)
if the woman entered Australia on or after the commencement day—the woman has been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks before the day she lodged the claim for the allowance; or

11 Subsection 408BA(2) (note 3)

Omit "the purposes of this section (see subsection (4))", substitute "some purposes (see subsections (4) and (4A))".

12 At the end of subsection 408BA(4A)

Add "or (2)(d)(ib)".

13 At the end of section 408BA

Add:

(6)
In this section:

commencement day means the day on which Schedule 5 to the Further 1998 Budget Measures Legislation Amendment (Social Security) Act 1999 commences.

14 Paragraph 623A(1)(b)

Repeal the paragraph, substitute:

(b)
has not been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks;

15 Subsection 623A(1) (note)

Repeal the note.

16 At the end of section 623A

Add:

(6)
Subsection (1) does not apply to a person if:

(a)
the person is a New Zealand citizen; and

(b)
the person was an Australian resident on the day this subsection commences; and

(c)
when the person claimed newstart allowance the person had been:

(i)
an Australian resident for the 12 months immediately preceding the claim; or
(ii)
continuously present in Australia for the 6 months immediately preceding the claim.

17 Subsection 623B(1)

Repeal the subsection, substitute:

(1)
If a person is subject to a newly arrived resident's waiting period, the period starts on the day the person first became an Australian resident.

18 Subsection 623B(3)

Repeal the subsection, substitute:

(3)
If subsection (2) does not apply, the newly arrived resident's waiting period ends when the person has been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks.

Note: This rule does not apply to people who were already subject to, or had already served, a newly arrived resident's waiting period before the commencement of this rule. Clause 121 of Schedule 1A to this Act continues the application of the previous rules to those people.

19 Paragraph 660YCFA(1)(b)

Repeal the paragraph, substitute:

(b)
has not been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks;

20 Subsection 660YCFA(1) (note)

Repeal the note.

21 At the end of section 660YCFA

Add:

(5)
Subsection (1) does not apply to a person if:

(a)
the person is a New Zealand citizen; and

(b)
the person was an Australian resident on the day this subsection commences.

22 Subsection 660YCFB(1)

Repeal the subsection, substitute:

(1)
If a person is subject to a newly arrived resident's waiting period, the period starts on the day the person first became an Australian resident.

23 Subsection 660YCFB(3)

Repeal the subsection, substitute:

(3)
If subsection (2) does not apply, the newly arrived resident's waiting period ends when the person has been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks.

Note: This rule does not apply to people who were already subject to, or had already served, a newly arrived resident's waiting period before the commencement of this rule. Clause 121 of Schedule 1A to this Act continues the application of the previous rules to those people.

24 Paragraph 696B(1)(b)

Repeal the paragraph, substitute:

(b)
has not been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks;

25 Subsection 696B(1) (note)

Repeal the note.

26 At the end of section 696B

Add:

(6)
Subsection (1) does not apply to a person if:

(a)
the person is a New Zealand citizen; and

(b)
the person was an Australian resident on the day this subsection commences.

27 Subsection 696C(1)

Repeal the subsection, substitute:

(1)
If a person is subject to a newly arrived resident's waiting period, the period starts on the day the person first became an Australian resident.

28 Subsection 696C(3)

Repeal the subsection, substitute:

(3)
If subsection (2) does not apply, the newly arrived resident's waiting period ends when the person has been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks.

Note: This rule does not apply to people who were already subject to, or had already served, a newly arrived resident's waiting period before the commencement of this rule. Clause 121 of Schedule 1A to this Act continues the application of the previous rules to those people.

29 Paragraph 771HNA(1)(b)

Repeal the paragraph, substitute:

(b)
has not been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks;

30 Subsection 771HNA(1) (note)

Repeal the note.

31 At the end of section 771HNA

Add:

(5)
Subsection (1) does not apply to a person if:

(a)
the person is a New Zealand citizen; and

(b)
the person was an Australian resident on the day this subsection commences.

32 Subsection 771HNB(1)

Repeal the subsection, substitute:

(1)
If a person is subject to a newly arrived resident's waiting period, the period starts on the day the person first became an Australian resident.

33 Subsection 771HNB(3)

Repeal the subsection, substitute:

(3)
If subsection (2) does not apply, the newly arrived resident's waiting period ends when the person has been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks.

Note: This rule does not apply to people who were already subject to, or had already served, a newly arrived resident's waiting period before the commencement of this rule. Clause 121 of Schedule 1A to this Act continues the application of the previous rules to those people.

34 Section 771HNA (second occurring)

Renumber as section 771HNC.

35 Paragraph 1039AA(1)(b)

Repeal the paragraph, substitute:

(b)
has not been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks;

36 Subsection 1039AA(1) (note)

Repeal the note.

37 At the end of section 1039AA

Add:

(5)
Subsection (1) does not apply to a person if:

(a)
the person is a New Zealand citizen; and

(b)
the person was an Australian resident on the day this subsection commences.

38 Section 1039AB

Repeal the section (including the note), substitute:

1039AB Duration of newly arrived resident's waiting period

If a person is subject to a newly arrived resident's waiting period, the period:

(a)
starts on the day the person first became an Australian resident; and

(b)
ends when the person has been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks.

39 Subsection 1061ZA(2)

Omit "and (4)", substitute ", (4) and (7)".

40 Paragraph 1061ZA(2)(b)

Repeal the paragraph, substitute:

(b)
has not been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks;

41 Subsection 1061ZA(2) (note)

Repeal the note.

42 At the end of section 1061ZA

Add:

(7)
Subsection (2) does not apply to person if:

(a)
the person is a New Zealand citizen; and

(b)
the person was an Australian resident on the day this subsection commences.

43 Section 1061ZAA

Repeal the section, substitute:

1061ZAA Duration of newly arrived resident's waiting period

If a person is subject to a newly arrived resident's waiting period, the period:

(a)
starts on the day the person first became an Australian resident; and

(b)
ends when the person has been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks.

44 At the end of Schedule IA

Add:

121 Changes to newly arrived resident's waiting period

If a person is subject to a newly arrived resident's waiting period immediately before the commencement of Schedule 5 to the Further 1998 Budget Measures Legislation Amendment (Social Security) Act 1999 (the amending Act ), this Act continues to apply to the person in relation to the waiting period as if the amendments made by the amending Act had not been made.

45 At the end of Schedule 4

Add:

Part D

Notes dated 2 July 1998 between the Government of Australia and the Government of New Zealand agreeing that Article 15 of the Agreement is to be deleted.

No. Legal 98/290
The Department of Foreign Affairs and Trade presents its compliments to the New Zealand High Commission and has the honour to refer to the Agreement between the Government of Australia and the Government of New Zealand on Social Security, signed at Wellington on 19 July 1994, as amended by the First and Second Protocols to the Agreement between the Government of Australia and the Government of New Zealand on Social Security of 7 September 1995 ("the Agreement") and to recent discussions between the Department of Social Security of Australia and the Department of Social Welfare of New Zealand concerning the need to amend the Agreement, so as to remove the provisions relating to benefits for the unemployed.
The Department of Foreign Affairs and Trade now has the honour to propose the following amendment to the Agreement:
Article 15 of the Agreement shall be deleted.
If the foregoing proposal is acceptable to the Government of New Zealand, the Department of Foreign Affairs and Trade has the honour to propose that this Note and the New Zealand High Commission's reply to that effect, shall constitute an Agreement between the Government of Australia and the Government of New Zealand which shall enter into force on the first day of September 1998 provided that prior to that date the Government of Australia and the Government of New Zealand have exchanged further notes through the diplomatic channel notifying each other that all other matters as are necessary to give effect to this Agreement have been finalised or if that notification has not been completed prior to 1 September 1998, on the first day of the second month after that notification has been completed.
The Department of Foreign Affairs and Trade avails itself of this opportunity to renew to the New Zealand High Commission the assurances of its highest consideration.
CANBERRA
2 July 1998
A/NZ/2/4/2
The New Zealand High Commission presents its compliments to the Department of Foreign Affairs and Trade and has the honour to refer to the Department's Note No Legal 98/290 of 2 July which reads as follows:
The Department of Foreign Affairs and Trade presents its compliments to the New Zealand High Commission and has the honour to refer to the Agreement between the Government of Australia and the Government of New Zealand on Social Security, signed at Wellington on 19 July 1994, as amended by the First and Second Protocols to the Agreement between the Government of Australia and the Government of New Zealand on Social Security of 7 September 1995 ("the Agreement") and to recent discussions between the Department of Social Security of Australia and the Department of Social Welfare of New Zealand concerning the need to amend the Agreement, so as to remove the provisions relating to benefits for the unemployed.
The Department of Foreign Affairs and Trade now has the honour to propose the following amendment to the Agreement:
Article 15 of the Agreement shall be deleted.
If the foregoing proposal is acceptable to the Government of New Zealand, the Department of Foreign Affairs and Trade has the honour to propose that this Note and the New Zealand High Commission's reply to that effect, shall constitute an Agreement between the Government of Australia and the Government of Zealand which shall enter into force on the first day of September 1998 provided that prior to that date the Government of Australia and the Government of New Zealand have exchanged further notes through the diplomatic channel notifying each other that all other matters as are necessary to give effect to this Agreement have been finalised or if that notification has not been completed prior to 1 September 1998, on the first day of the second month after that notification has been completed.
The New Zealand High Commission has further the honour to confirm that the above is acceptable to the Government of New Zealand and that the Department's Note and this reply shall constitute an Agreement Between the Government of New Zealand and the Government of Australia which shall enter into force on the first day of September 1998 provided that prior to that date the Government of New Zealand and the Government of Australia have exchanged further notes through the diplomatic channel notifying each other that all other matters as are necessary to give effect to this Agreement have been finalised or that if notification has not been completed prior to 1 September 1998, on the first day of the second month after that notification has been completed.
The New Zealand High Commission takes this opportunity to renew to the Department of Foreign Affairs and Trade the assurances of its highest consideration.
New Zealand High Commission
CANBERRA
2 July 1998

Health Insurance Act 1973

46 Paragraph 5BA(2)(c)

After "Australian resident", insert "and in Australia".

47 At the end of subsection 5BA(2)

Add:

; or (d) before the commencement of this paragraph, has been an Australian resident for a period of, or periods totalling, 104 weeks.

48 Subsection 5BA(3)

Repeal the subsection, substitute:

(3)
If a person is subject to a newly arrived disadvantaged low income resident's waiting period, the period:

(a)
starts on the day the person first became an Australian resident; and

(b)
ends when the person has been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks.

Part 2—Saving

49 Saving

If a person is subject to a newly arrived disadvantaged low income resident's waiting period immediately before the commencement of this Schedule, the Health Insurance Act 1973 continues to apply to the person in relation to the waiting period as if the amendments made to that Act by this Schedule had not been made.


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