Commonwealth Numbered Acts

SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 1) 1995 No. 104, 1995 - SCHEDULE 3

                          SCHEDULE 3                    Section 4

AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO
RESIDENCE REQUIREMENTS FOR CERTAIN REFUGEES AND TEMPORARY
ENTRANTS 1. Section 3 (Index): Insert in their appropriate alphabetical
positions (determined on a letter-by-letter basis):
"exempt resident                7(6C)

former refugee                  7(1)

former exempt resident          7(1)

refugee                         7(6B)".
2. Subsection 7(1): Insert: "'exempt resident' has the meaning given by
subsection (6C); 'former exempt resident' means a person who was an exempt
resident but does not include a person who ceased to be an exempt resident
because his or her visa or entry permit (as the case may be) was cancelled;
'former refugee' means a person who was a refugee but does not include a
person who ceased to be a refugee because his or her visa or entry permit (as
the case may be) was cancelled;". 3. Subsection 7(1) (definition of
"qualifying residence exemption"): Omit "subsection (6)", substitute
"subsections (6) and (6A)". 4. Subsection 7(6): Omit the subsection,
substitute: "(6) A person has a qualifying residence exemption for a social
security pension, a social security benefit (other than a special benefit) or
a youth training allowance if, and only if, the person: (a) resides in
Australia; and (b) is either: (i) a refugee; or (ii) a former refugee. "(6A) A
person has a qualifying residence exemption for a special benefit if, and only
if, the person: (a) resides in Australia; and (b) is either: (i) an exempt
resident; or (ii) a former exempt resident. "(6B) A person is a refugee for
the purposes of this section if the person: (a) is taken, under the Migration
Reform (Transitional Provisions) Regulations, to be the holder of a
transitional (permanent) visa because the person was, immediately before 1
September 1994, the holder of: (i) a visa or entry permit that fell within
Division 1.3-Group 1.3 (Permanent resident (refugee and humanitarian)
(offshore)) in Part 1 of Schedule 1 to the Migration (1993) Regulations as
then in force; or (ii) a visa or entry permit that fell within Division
1.5-Group 1.5 (Permanent resident (refugee and humanitarian) (on-shore)) in
Part 1 of Schedule 1 to the Migration (1993) Regulations as then in force; or
(b) was, immediately before 1 February 1993, the holder of a visa or entry
permit of a class prescribed under the Migration Regulations as then in force
that corresponds to a visa or entry permit referred to in subparagraph (a)(i)
or (ii); or (c) is the holder of: (i) a permanent protection visa; or (ii) a
permanent visa of a class referred to in the Table at the end of this
subsection; or (iii) a permanent visa of a class referred to in a declaration
of the Minister under subsection 25(1) that is in force.
TABLE
CLASSES OF PERMANENT VISAS GIVING REFUGEE STATUS AND
QUALIFYING RESIDENCE EXEMPTION FOR SOCIAL SECURITY PENSIONS
AND SOCIAL SECURITY BENEFITS OTHER THAN SPECIAL BENEFIT
Item      Class description                                Relevant item

No.                                                        in Schedule 1

to Migration
Regulations
1.   Burmese in Burma (Special Assistance) (Class AB)               1102

2.   Burmese in Thailand (Special Assistance) (Class AC)            1103

3.   Cambodian (Special Assistance) (Class AE)                      1105

4.   Camp Clearance (Migrant) (Class AF)                            1106

5.   Citizens of the Former Yugoslavia (Special Assistance)         1109

(Class AI)
6.   East Timorese in Portugal, Macau and Mozambique (Special

     Assistance) (Class AM)                                         1113

7.   Minorities of Former USSR (Special Assistance) (Class AV)      1122

8.   Refugee and Humanitarian (Migrant) (Class BA)                  1127

9.   Sudanese (Special Assistance) (Class BD)                       1130

10.  Territorial Asylum (Residence) (Class BE)                      1131
"(6C) A person is an exempt resident if the person: (a) is taken, under the
Migration Reform (Transitional Provisions) Regulations, to be the holder of a
transitional (temporary) visa because the person was, immediately before 1
September 1994, the holder of: (i) a class 437 visa or entry permit-PRC
(temporary); or (ii) a class 784 visa or entry permit-Domestic protection
(temporary); or (iii) a class 820 visa or entry permit-Extended eligibility
(spouse); under the Migration (1993) Regulations as then in force; or (b) was,
immediately before 1 February 1993, the holder of: (i) a class 781 visa or
entry permit-Refugee (restricted); or (ii) a class 783 visa or entry
permit-PRC (temporary); under the Migration (1989) Regulations as then in
force; or (c) is the holder of: (i) a subclass 820 visa-Extended eligibility
(spouse); or (ii) a temporary visa of a class referred to in a declaration of
the Minister under subsection 25A(1) that is in force.". 5. Subsection 7(6):
After "(other than a special benefit)" insert ", a non-benefit parenting
allowance". 6. Subsection 7(6B): Insert after item 8 in the Table: "8A Sri
Lankan (Special Assistance) (Class BF) 1129A". 7. Section 25: Repeal the
section, substitute: Refugee visas "25.(1) If: (a) after the commencement of
this section, a class of permanent visas (other than a class referred to in
the Table in subsection 7(6B)) is prescribed by regulations made for the
purposes of section 31 of the Migration Act 1958; and (b) the Minister is of
the view that a person holding a visa of that class should be regarded as a
refugee for the purposes of section 7; the Minister may declare in writing
that class of visas to be a class of visas for the purposes of subparagraph
7(6B)(c)(iii). "(2) The declaration is a disallowable instrument. Exempt
resident visas "25A.(1) If: (a) after the commencement of this section, a
class of temporary visas is prescribed by regulations made for the purposes of
section 31 of the Migration Act 1958; and (b) the Minister is of the view that
a person holding a visa of that class should be regarded as an exempt
resident; the Minister may declare in writing that class of visas to be a
class of visas for the purposes of subparagraph 7(6C)(c)(ii). "(2) The
declaration is a disallowable instrument.".