Commonwealth Numbered Acts Commonwealth Numbered ActsA New Tax System (Family Assistance) Act 1999
1 Subparagraph 21(1)(b)(ii)
After "(1A)", insert "or (1B)".
2 Subsection 21(1A) (heading)
Repeal the heading, substitute:
Visa holders who may qualify for special benefit
3 After subsection 21(1A)
Insert:
Visa holders connected with the Pacific Australia Labour Mobility scheme
(1B) An individual satisfies this subsection if:
(a) the individual is the holder of:
(i) a visa referred to in the regulations under the Migration Act 1958 as a Subclass 403 (Temporary Work (International Relations)) visa; or
(ii) a visa of a kind determined under subsection (1C) of this section for the purposes of this subparagraph; and
(b) either:
(i) the individual is a participant, as a worker, in the scheme known as the Pacific Australia Labour Mobility scheme; or
(ii) the visa is granted on the basis that the individual is a member of the family unit (within the meaning of the Migration Act 1958 ) of such a participant; and
(c) the individual is in a class determined under subsection (1C).
(1C) The Minister may, by legislative instrument, determine:
(a) kinds of visas for the purposes of subparagraph (1B)(a)(ii) (subject to subsection (1D)); and
(b) classes of individuals for the purposes of paragraph (1B)(c).
(1D) The Minister must not determine a kind of visa under paragraph (1C)(a) unless 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 subparagraph (1B)(a)(i); or
(ii) a kind of visa previously determined under paragraph (1C)(a); and
(b) the replacement kind of visa is intended to give the same benefits as the replaced kind of visa.
(1E) Without limiting paragraph (1C)(b), a class of individuals may be determined under that paragraph by reference to the fact that an individual holds a visa of a specified kind.
Example: A visa of a kind referred to in a specified way in the regulations under the Migration Act 1958 or that permits the holder to stay in Australia for at least a specified period.
4 At the end of subparagraph 61AA(2)(b)(iii)
Add "of this section".
5 At the end of subsection 61AA(2)
Add:
; or (c) satisfies subsection 21(1B) of this Act (visa holders connected with the Pacific Australia Labour Mobility scheme).
6 Paragraph 61AA(3)(a)
After "waiting period", insert "because of paragraph (2)(a) or (b)".
7 Paragraph 61AA(3)(c)
Omit "subsection (4) does not", substitute "subsections (4) and (4A) do not".
8 Paragraph 61AA(4)(a)
After "waiting period", insert "because of paragraph (2)(a) or (b)".
9 After subsection 61AA(4)
Insert:
(4A) If:
(a) an individual is subject to a newly arrived resident's waiting period because of paragraph (2)(a) or (b); and
(b) the individual has previously held one or more visas covered by paragraph 21(1B)(a) that are also of a kind determined under subsection (5B) of this section;
the waiting period:
(c) starts on the day on which the individual became the holder of the first of those visas; and
(d) ends when the individual has been in Australia for a period of, or periods totalling, 52 weeks after that day.
10 Paragraph 61AA(5)(a)
After "waiting period", insert "because of paragraph (2)(a) or (b)".
11 Paragraph 61AA(5)(b)
Omit "neither subsection (3) nor (4) applies", substitute "subsections (3), (4) and (4A) do not apply".
12 After subsection 61AA(5)
Insert:
(5A) If an individual is subject to a newly arrived resident's waiting period because of paragraph (2)(c), the waiting period:
(a) starts on the day on which the individual first became the holder of a visa covered by paragraph 21(1B)(a) that is also of a kind determined under subsection (5B) of this section; and
(b) ends when the individual has been in Australia for a period of, or periods totalling, 52 weeks after that day.
(5B) The Minister may, by legislative instrument, determine kinds of visas for the purposes of paragraphs (4A)(b) and (5A)(a).
13 Paragraph 85BB(1)(c)
After "(2)", insert "or (3)".
14 Before subsection 85BB(2)
Insert:
Visa holders who may qualify for special benefit
15 At the end of section 85BB
Add:
Visa holders connected with the Pacific Australia Labour Mobility scheme
(3) An individual or the individual's partner satisfies this subsection if:
(a) the individual or partner is the holder of:
(i) a visa referred to in the regulations under the Migration Act 1958 as a Subclass 403 (Temporary Work (International Relations)) visa; or
(ii) a visa of a kind determined under subsection (4) of this section for the purposes of this subparagraph; and
(b) either:
(i) the individual or partner is a participant, as a worker, in the scheme known as the Pacific Australia Labour Mobility scheme; or
(ii) the visa is granted on the basis that the individual or partner is a member of the family unit (within the meaning of the Migration Act 1958 ) of such a participant; and
(c) the individual or partner is in a class of persons determined under subsection (4).
(4) The Minister may, by legislative instrument, determine:
(a) kinds of visas for the purposes of subparagraph (3)(a)(ii) (subject to subsection (5)); and
(b) classes of persons for the purposes of paragraph (3)(c).
(5) The Minister must not determine a kind of visa under paragraph (4)(a) unless 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 subparagraph (3)(a)(i); or
(ii) a kind of visa previously determined under paragraph (4)(a); and
(b) the replacement kind of visa is intended to give the same benefits as the replaced kind of visa.
(6) Without limiting paragraph (4)(b), a class of persons may be determined under that paragraph by reference to the fact that a person holds a visa of a specified kind.
Example: A visa of a kind referred to in a specified way in the regulations under the Migration Act 1958 or that permits the holder to stay in Australia for at least a specified period.
Part 2 -- Application of amendments
16 Application of amendments
(1) The amendments of section 21 of the A New Tax System (Family Assistance) Act 1999 made by this Schedule apply in relation to a claim made on or after the commencement of those amendments, whether the individual starts to satisfy subsection 21(1B) of that Act before, on or after that commencement.
(2) To avoid doubt, for the purposes of the application of subsection 61AA(4A) or (5A) of the A New Tax System (Family Assistance) Act 1999 , as amended by this Schedule, in relation to an individual on or after the commencement of this item, a newly arrived resident's waiting period may:
(a) start before that commencement if the day referred to in paragraph 61AA(4A)(c) or (5A)(a) (as the case requires) of that Act occurs before that commencement; and
(b) end before that commencement if paragraph (a) of this subitem applies and the event referred to in paragraph 61AA(4A)(d) or (5A)(b) (as the case requires) of that Act occurs before that commencement.
(3) The amendments of section 85BB of the A New Tax System (Family Assistance) Act 1999 apply in relation to a session of care provided on or after the commencement of those amendments, whether the individual or partner starts to satisfy subsection 85BB(3) of that Act before, on or after that commencement.
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