Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) For the purposes of subparagraph 85BA(1)(a)(iv), an individual or the individual's partner meets the residency requirements at a time if, at that time, the individual or partner:
(a) is an Australian resident; or
(b) is a special category visa holder residing in Australia; or
(c) satisfies subsection (2) or (3) of this section; or
(d) is undertaking a course of study in Australia and receiving financial assistance directly from the Commonwealth for the purpose of undertaking that study.
Visa holders who may qualify for special benefit
(2) The individual or the individual's partner satisfies this subsection if the individual or partner:
(a) is the holder of a visa determined by the Minister for the purposes of subparagraph 729(2)(f)(v) of the Social Security Act 1991 ; and
(b) is either in Australia or temporarily absent from Australia for no more than 6 weeks on an allowable absence in relation to special benefit within the meaning of Part 4.2 of that Act.
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.