Commonwealth Numbered Acts Commonwealth Numbered ActsA New Tax System (Family Assistance) Act 1999
1 After subparagraph 61AA(2)(b)(ii)
Insert:
(iia) a visa referred to in the regulations under the Migration Act 1958 as a Subclass 192 (Pacific Engagement) visa; or
Higher Education Support Act 2003
2 Subsection 90-5(1)
Repeal the subsection, substitute:
(1) A student meets the citizenship or residency requirements under this section in relation to a unit of study if:
(a) the student is an Australian citizen; or
(b) the student:
(i) is a * permanent humanitarian visa holder, an * eligible former permanent humanitarian visa holder or a * Pacific engagement visa holder; and
(ii) will be resident in Australia for the duration of the unit.
3 Subsection 90-5(2)
Omit "paragraph (1)(b)", substitute "subparagraph (1)(b)(ii)".
4 Subsection 104-5(1)
Repeal the subsection, substitute:
(1) A student meets the citizenship or residency requirements under this section in relation to a unit of study if:
(a) the student is an Australian citizen; or
(b) the student:
(i) is a * permanent humanitarian visa holder, an * eligible former permanent humanitarian visa holder or a * Pacific engagement visa holder; and
(ii) will be resident in Australia for the duration of the unit; or
(c) in the case of a student who is undertaking, or is to undertake, the unit as part of a * bridging course for overseas-trained professionals--the student is a * permanent visa holder who will be resident in Australia for the duration of the unit.
5 Subsection 104-5(2)
Omit "paragraph (1)(b) or (c)", substitute "subparagraph (1)(b)(ii) or paragraph (1)(c)".
6 Paragraph 118-5(1)(b)
Omit "or an * eligible former permanent humanitarian visa holder", substitute ", an * eligible former permanent humanitarian visa holder or a * Pacific engagement visa holder".
7 Paragraph 126-5(1)(b)
Repeal the paragraph, substitute:
(b) both:
(i) a * permanent humanitarian visa holder, an * eligible former permanent humanitarian visa holder or a * Pacific engagement visa holder; and
(ii) resident in Australia.
8 Subsection 128B-30(1)
Repeal the subsection, substitute:
(1) A student meets the citizenship or residency requirements under this section in relation to an * accelerator program course if:
(a) the student is an Australian citizen; or
(b) the student:
(i) is a * permanent humanitarian visa holder, an * eligible former permanent humanitarian visa holder or a * Pacific engagement visa holder; and
(ii) will be resident in Australia for the duration of the accelerator program course.
9 Subsection 128B-30(2)
Omit "paragraph (1)(b)", substitute "subparagraph (1)(b)(ii)".
10 Subclause 1(1) of Schedule 1
Insert:
"Pacific engagement visa holder " means the holder of:
(a) a visa referred to in the regulations made under the Migration Act 1958 as a Subclass 192 (Pacific Engagement) visa; or
(b) a visa of a kind determined under subclause (4).
11 At the end of clause 1 of Schedule 1
Add:
(4) The Minister may, by legislative instrument, determine a kind of visa for the purposes of paragraph (b) of the definition of Pacific engagement visa holder in subclause (1) if the Minister has been advised by the Minister administering the Migration Act 1958 (the Immigration Minister ) that, in the opinion of the Immigration Minister:
(a) the kind of visa has replaced or will replace:
(i) the kind of visa mentioned in paragraph (a) of that definition; or
(ii) a kind of visa previously determined under this subclause; and
(b) the replacement kind of visa is intended to give the same benefits as the replaced kind of visa.
12 Subsection 7(1)
Insert:
"Pacific engagement visa " means:
(a) a visa referred to in the regulations made under the Migration Act 1958 as a Subclass 192 (Pacific Engagement) visa; or
(b) a visa of a kind determined under subsection (4C).
13 After subsection 7(4B)
Insert:
(4C) The Minister may, by legislative instrument, determine a kind of visa for the purposes of paragraph (b) of the definition of Pacific engagement visa in subsection (1) if the Minister has been advised by the Minister administering the Migration Act 1958 (the Immigration Minister ) that, in the opinion of the Immigration Minister:
(a) the kind of visa has replaced or will replace:
(i) the kind of visa mentioned in paragraph (a) of that definition; or
(ii) a kind of visa previously determined under this subsection; and
(b) the replacement kind of visa is intended to give the same benefits as the replaced kind of visa.
14 Subsection 23(1)
Insert:
"Pacific engagement visa " : see subsection 7(1).
15 After paragraph 549D(7)(b)
Insert:
(ba) the following apply:
(i) the person is undertaking full-time study or is a new apprentice;
(ii) the person is the holder of a Pacific engagement visa at the time the person made the claim for a youth allowance; or
16 After paragraph 575D(3)(b)
Insert:
(ba) the person is the holder of a Pacific engagement visa at the time the person made the claim for an austudy payment; or
17 Section 6
Insert:
"Pacific engagement visa " : see subsection 11(1B).
18 Section 6 (definition of permanent humanitarian visa )
Repeal the definition, substitute:
"permanent humanitarian visa " : see subsection 11(1A).
19 Paragraph 11(1)(b)
After "permanent humanitarian visa", insert ", or a Pacific engagement visa,".
20 After subsection 11(1)
Insert:
(1A) Permanent humanitarian visa has the same meaning in this Act as in the Migration Regulations 1994 .
(1B) A Pacific engagement visa is:
(a) a visa referred to in the Migration Regulations 1994 as a Subclass 192 (Pacific Engagement) visa; or
(b) a visa of a kind determined under subsection (1C).
(1C) The Minister may, by legislative instrument, determine a kind of visa for the purposes of paragraph (1B)(b) if the Minister has been advised by the Minister administering the Migration Act 1958 (the Immigration Minister ) that, in the opinion of the Immigration Minister:
(a) the kind of visa has replaced or will replace:
(i) the kind of visa mentioned in paragraph (1B)(a); or
(ii) a kind of visa previously determined under this subsection; and
(b) the replacement kind of visa is intended to give the same benefits as the replaced kind of visa.
Part 2 -- Application of amendments
21 Application of amendments
(1) The amendment of section 61AA of the A New Tax System (Family Assistance) Act 1999 made by this Schedule applies in relation to a claim made by a person on or after the commencement of that amendment, whether the person is granted a visa covered by subparagraph 61AA(2)(b)(iia) of that Act before, on or after that commencement.
(2) The amendments of sections 90-5 and 104-5 of the Higher Education Support Act 2003 made by this Schedule apply in relation to a unit of study with a census date that is on or after the commencement of those amendments, whether the student:
(a) becomes a Pacific engagement visa holder; or
(b) enrols in the course of study;
before, on or after that commencement.
(3) The amendment of section 118-5 of the Higher Education Support Act 2003 made by this Schedule applies in relation to an application for receipt of OS-HELP assistance made on or after the commencement of that amendment, whether the student:
(a) becomes a Pacific engagement visa holder; or
(b) enrols in the course of study;
before, on or after that commencement.
(4) The amendment of section 126-5 of the Higher Education Support Act 2003 made by this Schedule applies in relation to fees payable for periods that start on or after the commencement of that amendment, whether the student:
(a) becomes a Pacific engagement visa holder; or
(b) enrols in the course of study or bridging course for overseas-trained professionals;
before, on or after that commencement.
(5) The amendments of section 128B-30 of the Higher Education Support Act 2003 made by this Schedule apply in relation to an accelerator program course with a census date that is on or after the commencement of those amendments, whether the student:
(a) becomes a Pacific engagement visa holder; or
(b) enrols in the accelerator program course;
before, on or after that commencement.
(6) The amendments of the Social Security Act 1991 made by this Schedule apply in relation to a claim made by a person on or after the commencement of those amendments, whether the person is granted a Pacific engagement visa before, on or after that commencement.
(7) The amendments of the VET Student Loans Act 2016 made by this Schedule apply in relation to an application for a VET student loan made by a student on or after the commencement of those amendments, whether:
(a) a Pacific engagement visa is granted to the student; or
(b) the student enrols in the course of study;
before, on or after that commencement.