Commonwealth Numbered Acts

SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1994 No. 109, 1994 - SECT 24

24.(1) Sections 541B and 541C are repealed and the following sections are
substituted: Newly arrived resident's waiting period

"541B.(1) Subject to this section, a person who:

   (a)  has entered Australia on or after 1 January 1993; and

   (b)  holds a permanent visa; is subject to a newly arrived resident's
        waiting period. Note: For 'holder' and 'permanent visa' see
        subsection 7(1).



"(2) Subsection (1) does not apply to a person who holds a visa declared in
writing by the Minister to be an approved visa for the purposes of this
subsection. Note: When making a declaration about a visa, the Minister must
act in accordance with subsection (6).



"(3) Subsection (1) does not apply to a person:

   (a)  if, immediately before this section commenced, the person had held a
        valid designated temporary entry permit for a continuous period of at
        least 26 weeks; or

   (b)  if:

        (i)    immediately before this section commenced, the person had held
               a valid designated temporary entry permit for a continuous
               period ('permit period') of less than 26 weeks; and

        (ii)   that permit was continued in force as a temporary visa by
               regulations made under the Migration Reform Act 1992; and

        (iii)  the period during which that permit continued to be in force as
               a temporary visa together with the permit period is at least 26
               weeks. Note: For 'designated temporary entry permit' see
               subsection 7(1).



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

   (a)  the person was a member of a couple immediately before entering
        Australia; and

   (b)  the person's partner had been an Australian resident for at least 26
        weeks when the person entered Australia. Note: For 'Australian
        resident' see subsection 7(2).



"(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)  the person:

        (i)    has previously entered Australia; and

        (ii)   held a permanent entry permit granted under the Migration Act 
               1958 as then in force, or a permanent visa, before the person's
               last departure from Australia.



"(6) When declaring a visa to be an approved visa for the purposes of
subsection (2), the Minister may only identify the visa by reference to a
class of visas prescribed by regulations made under the Migration Act 1958.
The declaration is a disallowable instrument.

Duration of newly arrived resident's waiting period

"541C.(1) If a person is subject to a newly arrived resident's waiting period,
the period starts on the day on which the person's permanent visa comes into
force and ends on the day worked out under subsection (2) or (3).



"(2) If:

   (a)  immediately before this section commenced, the person held a valid
        designated temporary entry permit; and

   (b)  that permit was continued in force as a temporary visa by regulations
        made under the Migration Reform Act 1992; and

   (c)  that temporary visa was in force immediately before the person was
        granted his or her permanent visa; the newly arrived resident's
        waiting period ends 26 weeks after the day on which the designated
        temporary entry permit was granted to the person. Note: For
        'designated temporary entry permit' see subsection 7(1).



"(3) If subsection (2) does not apply, the newly arrived resident's waiting
period ends 26 weeks after the day on which the person was granted his or her
permanent visa.". Repealed provisions to continue to apply to certain persons

(2) In spite of subsection (1), sections 541B and 541C of the Principal Act as
in force immediately before this section commenced continue to apply to a
person who was then subject to a newly arrived resident's waiting period.