Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to this section, for the purposes of this Division, a person who has entered Australia is subject to a newly arrived resident's waiting period.
(2) Subsection (1) does not apply to a person who:
(a) has a qualifying residence exemption for a health care card; or
(b) has an FTB child; or
(c) has been an Australian resident, or a special category visa holder residing in Australia, and in Australia for a period of, or for periods totalling, 208 weeks; or
(d) holds, or formerly held, a visa included in a class of visas determined by the Minister for the purposes of subsection 739A(6); or
(e) is not subject to a newly arrived resident's waiting period under subsection 739A(1) or (2) because of the operation of subsection 739A(7).
Note: For paragraph (a): for qualifying residence exemption in relation to a health care card, see paragraph 7(6AA)(f).
(3) Subsection (1) does not apply to a person if:
(a) the person is a refugee, or a former refugee, at the time the person made the claim for a health care card; or
(b) the following apply:
(i) before the person made the claim for a health care card, the person was a family member of another person at the time the other person became a refugee;
(ii) the person is a family member of that other person at the time the person made the claim for a health care card 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 at the time the person made the claim for a health care card.
(4) For the purposes of subsection (3):
(a) family member has the meaning given by subsection 7(6D); and
(b) former refugee has the meaning given by subsection 7(1); and
(c) refugee has the meaning given by subsection 7(6B).