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This is a Bill, not an Act. For current law, see the Acts databases.
1996
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Student and Youth
Assistance Amendment (Waiting Period) Bill
1996
No. ,
1996
(Employment, Education, Training and Youth
Affairs)
A Bill for an Act to amend the
Student and Youth Assistance Act 1973, and for related
purposes
9614420—1,025/28.10.1996—(144/96) Cat.
No. 96 5357 0 ISBN 0644 481021
Contents
A
Bill for an Act to amend the Student and Youth
Assistance Act 1973, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Student and Youth Assistance Amendment
(Waiting Period) Act 1996.
This Act commences on the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 Subsection 3(1) (definition of permanent
resident of Australia)
Repeal the definition.
2 After section 6
Insert:
In this Part, unless the contrary intention appears:
Australian resident means a person who is not an Australian
citizen but who resides in Australia and is the holder of:
(a) a permanent visa; or
(b) a special category visa.
exempt resident means an Australian resident who:
(a) was the holder of a subclass 820 visa—Extended eligibility
(spouse); or
(b) was the holder of a subclass 826 visa—Interdependency;
or
(c) is the holder of a subclass 832 visa—Close ties; or
(d) is the holder of a subclass 833 visa—Certain unlawful
non-citizens; or
(e) is the holder of a visa in a class of visas determined by the Minister
for the purposes of this paragraph.
family member, in relation to a person, means:
(a) a partner of the person; or
(b) a dependent child of the person.
holder, in relation to a visa, has the same meaning as in the
Migration Act 1958.
parent includes an adoptive parent.
partner, in relation to a person who is a member of a couple,
means the other member of the couple.
permanent protection visa has the same meaning as in the
Migration Act 1958.
permanent visa has the same meaning as in the Migration
Act 1958.
special category visa has the same meaning as in the
Migration Act 1958.
visa has the same meaning as in the Migration Act
1958.
(1) A person is not to be treated, for the purposes of this Part, as
residing in Australia unless the person intends to remain permanently in
Australia.
(2) In deciding whether or not a person intends to remain permanently in
Australia, regard must be had to the following:
(a) the nature of the accommodation used by the person in
Australia;
(b) the nature and extent of the family relationships the person has in
Australia;
(c) the nature and extent of the person’s employment, business or
financial ties with Australia;
(d) the nature and extent of the person’s assets located in
Australia;
(e) the frequency and duration of the person’s travel outside
Australia;
(f) any other matter relevant to determining whether the person intends to
remain permanently in Australia.
(1) A person is a refugee for the purposes of this Part if the person is
the holder of a permanent protection visa or a permanent visa in any of the
following classes of permanent visa referred to in Schedule 1 to the Migration
Regulations:
(a) Ahmadi (Special Assistance) (Class BJ);
(b) Burmese in Burma (Special Assistance) (Class AB);
(c) Burmese in Thailand (Special Assistance) (Class AC);
(d) Cambodian (Special Assistance) (Class AE);
(e) Camp Clearance (Migrant) (Class AF);
(f) Citizens of the Former Yugoslavia (Special Assistance) (Class
A1);
(g) East Timorese in Portugal, Macau and Mozambique (Special Assistance)
(Class AM);
(h) Minorities of Former USSR (Special Assistance) (Class AV);
(i) Refugee and Humanitarian (Migrant) (Class BA);
(j) Sri Lankan (Special Assistance) (Class BF);
(k) Sudanese (Special Assistance) (Class BD);
(l) Territorial Asylum (Residence) (Class BE);
(m) Vietnamese (Special Assistance) (Class BK).
(2) A person is a refugee for the purposes of this Part if the person is
the holder of a permanent visa in a class of visas determined by the Minister
for the purposes of this subsection.
A person (the child) is, for the purposes of this Part,
taken to be a dependent child of another person if the other person is a parent
of the child and the child:
(a) is under 18 and wholly or substantially in the parent’s care and
control (whether alone or jointly with someone else); or
(b) is 18 or older and financially, psychologically or physically
dependent on the parent (whether alone or jointly with someone else).
(1) Subject to subsection (2), a person is a member of a couple for the
purposes of this Part if:
(a) the person is legally married to another person and is not living
separately and apart from the other person on a permanent or indefinite basis;
or
(b) all of the following conditions are met:
(i) the person has a relationship with a person of the opposite sex (in
this paragraph called the partner);
(ii) the person is not legally married to the partner;
(iii) the relationship between the person and the partner is a
marriage-like relationship;
(iv) both the person and the partner are over the age of consent
applicable in the State or Territory in which they live;
(v) the person and the partner are not within a prohibited relationship
for the purposes of section 23B of the Marriage Act 1961.
(2) For the purposes of subparagraph (1)(b)(iii), 2 people are not in a
marriage-like relationship if they are living separately and apart from each
other on a permanent or indefinite basis.
(1) For the purposes of this Part a
change of circumstances resident is a person to whom subsection
(2) applies.
(2) This subsection applies to an Australian resident who is 21 or younger
and:
(a) who became an orphan after entering Australia; or
(b) whose parents, or whose only parent, began serving a sentence of
imprisonment for life, or for a term of at least 10 years, after the person
entered Australia; or
(c) whose parents, or whose only parent, became mentally incapacitated
after the person entered Australia, and are likely to remain so for an
indefinite period; or
(d) whose parents, or whose only parent, started living in a nursing home
after the person entered Australia, and are likely to continue living in a
nursing home for an indefinite period; or
(e) whose parents, or whose only parent, went missing after the person
entered Australia; or
(f) who is unable to live with his or her parents, or with his or her only
parent, because of extreme family breakdown or because to do so would seriously
endanger the person’s physical or mental well-being due, for example, to
actual or threatened violence, sexual abuse or other similar behaviour;
or
(g) who does not live with his or her parents, or with his or her only
parent, but who is in the lawful custody, control or guardianship of another
person; or
(h) who does not live with his or her parents, or with his or her only
parent, and who, only because of reaching a particular age, stopped being in the
lawful custody, control or guardianship of another person.
(3) Subsection (2) ceases to apply to a person if:
(a) where paragraph (2)(b) applied to a person—the person’s
parents are, or parent is, released from gaol; or
(b) where paragraph (2)(c) applied to a person—the person’s
parents, or parent, ceases to be mentally incapacitated; or
(c) where paragraph (2)(d) applied to a person—the person’s
parents, or parent, ceases living in a nursing home; or
(d) where paragraph (2)(e) applied to a person—the person’s
parents are, or parent is, located; or
(e) where paragraph (2)(f) applied to a person—the person
recommences living with his or her parents or parent.
For the purposes of this Part, a person is taken to be a post-1996
Australian resident if he or she:
(a) first entered Australia as an Australian resident or as the holder of
a permanent visa on or after 1 January 1997; or
(b) last entered Australia on or after 1 January 1997 and
subsequently became an Australian resident.
(1) For the purposes of this Part, an Australian resident (other than a
New Zealand citizen) who is not a post-1996 Australian resident is taken to be a
pre-1997 Australian resident.
(2) For the purposes of this Part, an Australian resident who is a New
Zealand citizen and who is not a post-1996 Australian resident is taken to be a
pre-1997 Australian resident provided he or she has lived in Australia
continuously for the last 26 weeks, or has, during the last 52 weeks, not been
absent from Australia for a period of, or periods totalling, more than 8
weeks.
A determination by the Minister for the purposes of paragraph (e) of the
definition of exempt resident in section 6A, or for the purposes
of subsection 6C(2), is a disallowable instrument for the purposes of section
46A of the Acts Interpretation Act 1901.
3 Subsection 7(1)
After “section”, insert “, sections 8 and
9”.
4 Paragraph 7(1)(a)
Repeal the paragraph, substitute:
(a) is an Australian citizen, a pre-1997 Australian resident or a
post-1996 Australian resident;
5 After subsection 7(1)
Insert:
(1A) The Secretary must not grant a benefit under this Part to a person
who is subject to a waiting period if that period has not ended (see sections 8
and 9).
6 After section 7
Insert:
(1) A post-1996 Australian resident is subject to a waiting
period.
(2) Subsection (1) does not apply to the following:
(a) a refugee;
(b) a person who was a family member of a refugee when the refugee arrived
in Australia;
(c) an exempt resident;
(d) a person while the person is a change of circumstances
resident.
(1) If a person is not a New Zealand citizen and is subject to a waiting
period, the period:
(a) starts on the day on which the person:
(i) entered Australia; or
(ii) was granted a permanent visa;
whichever last occurs; and
(b) ends when the person has been in Australia for a period of, or periods
totalling, 104 weeks after that day.
(2) If a person is a New Zealand citizen and is subject to a waiting
period, the period:
(a) starts on the day on which the person became an Australian resident;
and
(b) ends when the person has been in Australia for a period of, or periods
totalling, 104 weeks after that day.
(3) For the purposes of subsection (1), the day on which a permanent visa
is granted to a person is:
(a) if an initial decision maker decides to grant a visa to the
person—that day; or
(b) if:
(i) an initial decision maker decides not to grant a visa to the person;
and
(ii) on a review of the decision referred to in subparagraph (i), that
decision is set aside (however described) and a visa is granted to the
person;
the day on which the initial decision maker decided not to grant the visa
to the person.