Regulation 9 of the Principal Regulations is rescinded and the following regulation is substituted:

9.     Fees not payable by certain asylum seekers

(1)  A medicare ineligible asylum seeker is prescribed as a person by whom a fee prescribed by these regulations is not payable for any facility or service provided by or on behalf of the State.

(2)  For the purpose of this regulation –

medicare ineligible asylum seeker means a person who –

(a) has applied for a protection visa under the Migration Act 1958 of the Commonweath and whose application has not been withdrawn or otherwise finally determined in accordance with that Act; and

(b) is not entitled to medicare benefits under the Health Insurance Act 1973 of the Commonwealth; and

(c) is not entitled to a pension, benefit or allowance under the Social Security Act 1991 of the Commonwealth; and

(d) is not permitted under the conditions of the person's visa granted under the Migration Act 1958 of the Commonwealth to engage in work in Australia;

protection visa means a permanent or temporary visa included in a class of visas under Part 4 of Schedule 1 to the Migration Regulations 1994 of the Commonwealth.