Commonwealth Consolidated Acts Commonwealth Consolidated ActsWhen person subject to newly arrived resident's waiting period
(1) Subject to this section, a person is subject to a newly arrived resident's waiting period if, on or after the commencement of this subsection, the person:
(a) becomes the holder of a visa determined by the Minister for the purposes of subparagraph 729(2)(f)(v) of the Social Security Act; or
(b) becomes the holder of a permanent visa, except:
(i) a visa referred to in the regulations under the Migration Act 1958 as a Subclass 117 (Orphan Relative) visa or as a Subclass 837 (Orphan Relative) visa; or
(ii) a visa referred to in the regulations under the Migration Act 1958 as a Subclass 115 (Remaining Relative) visa or as a Subclass 835 (Remaining Relative) visa; or
(iii) a visa of a kind determined in an instrument under subsection (1A).
(1A) The Minister may, by legislative instrument, determine a kind of visa for the purposes of subparagraph (1)(b)(iii).
(1B) Paragraph (1)(b) does not apply in relation to a person if, at any time before the commencement of this subsection, the person held a visa covered by paragraph (1)(a).
Length of waiting period
(2) If:
(a) a person is subject to a newly arrived resident's waiting period; and
(b) the visa covered by paragraph (1)(a) or (b) is in a class of visas determined by the Minister for the purposes of paragraph 739A(3)(b) of the Social Security Act; and
(c) subsection (3) does not apply;
the waiting period:
(d) starts on the day on which the person applied for that visa; and
(e) ends when the person has been in Australia for a period of, or periods totalling, 104 weeks after that day.
(3) If:
(a) a person is subject to a newly arrived resident's waiting period; and
(b) the person has previously held one or more visas in a class of visas determined by the Minister for the purposes of paragraph 739A(4)(b) of the Social Security Act;
the waiting period:
(c) starts on the day on which the person applied for the last of those visas; and
(d) ends when the person has been in Australia for a period of, or periods totalling, 104 weeks after that day.
(4) If:
(a) a person is subject to a newly arrived resident's waiting period; and
(b) neither subsection (2) nor (3) applies to the person;
the waiting period starts on the day on which the person:
(c) first entered Australia; or
(d) becomes the holder of a permanent visa;
whichever occurs last, and ends when the person has been in Australia for a period of, or periods totalling, 104 weeks after that day.
Exemptions
(6A) If:
(a) a person has made an effective claim for parental leave pay for a flexible PPL day for a child; and
(b) the person was receiving any of the following on the day before that flexible PPL day:
(i) a social security pension;
(ii) a social security benefit;
(iii) farm household allowance;
(iv) parental leave pay for the child; and
(c) the person was also receiving any of the things mentioned in subparagraphs (b)(i) to (iv) on the day the child was born;
then subsection (1) does not apply to the person for the purposes of that claim to the extent it relates to that flexible PPL day.
(6B) If:
(b) a person has made an effective claim for parental leave pay for a period of at least 10 flexible PPL days for a child; and
(c) that period consists only of consecutive flexible PPL days for the child that are week days; and
(d) the person was receiving any of the following on the day before the start of that period:
(i) a social security pension;
(ii) a social security benefit;
(iii) farm household allowance; and
(e) the person was also receiving any of the things mentioned in subparagraphs (d)(i) to (iii) on the day the child was born;
then subsection (1) does not apply to the person for the purposes of that claim to the extent that it relates to the period referred to in paragraph (b) of this subsection.
(7) Subsection 31AB(8) does not apply to a person in respect of a day in the newly arrived resident's waiting period for the person if on that day the person holds, or is the former holder of, a visa in a class of visas determined by the Minister for the purposes of subsection 739A(6) of the Social Security Act.
(7A) Subsection 31AB(8) does not apply to a person in respect of a day (the assessment day ) in the newly arrived resident's waiting period for the person if:
(a) on the assessment day the person is a refugee or a former refugee; or
(b) the following apply:
(i) the person was a family member of another person at the time the other person became a refugee before the assessment day;
(ii) the person is a family member of that other person on the assessment day or, if that other person has died, the person was a family member of that other person immediately before that other person died; or
(c) the person is an Australian citizen on the assessment day; or
(d) the person is residing in Australia on the assessment day and has held a special category visa on any day before the assessment day.
(8) For the purposes of subsection (7A):
(a) family member has the meaning given by subsection 7(6D) of the Social Security Act; and
(b) former refugee has the meaning given by subsection 7(1) of the Social Security Act; and
(c) refugee has the meaning given by subsection 7(6B) of the Social Security Act.