FURTHER 1998 BUDGET MEASURES LEGISLATION AMENDMENT (SOCIAL SECURITY) ACT 1999 NO. 152, 1999 - SCHEDULE 5 - Amendments relating to newly arrived residents' waiting periods
FURTHER 1998 BUDGET MEASURES LEGISLATION AMENDMENT (SOCIAL SECURITY) ACT 1999 NO. 152, 1999 - SCHEDULE 5
- Amendments relating to newly arrived residents' waiting periods1 Subsection 7(6AA)
2 Section 201AA (first occurring)
3 Subsection 201AA(1)
- (1)
- A person is subject to a newly arrived resident's waiting period if the person:
- (a)
- enters Australia on or after 4 March 1997; and
- (b)
- has not been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks.
4 Subsection 201AA(2)
- (2)
- Subsection (1) does not apply to a person who has a qualifying residence exemption for a carer payment.
5 Paragraphs 201AA(3)(b) and (4)(b)
- (b)
- either a carer or a special need relative.
6 Subsection 201AA(5)
- (5)
- Subsection (1) does not apply to a person if:
- (a)
- the person is already subject to a newly arrived resident's waiting period; or
- (b)
- the person has already served a newly arrived resident's waiting period; or
- (c)
- at the commencement of this subsection, the person has already been an Australian resident for a period of, or periods totalling, 104 weeks.
7 Subsection 201AA(6)
- (6)
- In this section:
- carer has the same meaning as in the Migration Regulations.
special need relative has the same meaning as in the Migration Regulations as in force on 30 November 1998.
8 Paragraphs 201AB(a) and (b)
- (a)
- starts on the day the person first became an Australian resident; and
- (b)
- ends when the person has been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks.
9 Subparagraph 408BA(2)(d)(ia)
10 After subparagraph 408BA(2)(d)(ia)
- (ib)
- if the woman entered Australia on or after the commencement daythe woman has been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks before the day she lodged the claim for the allowance; or
11 Subsection 408BA(2) (note 3)
12 At the end of subsection 408BA(4A)
13 At the end of section 408BA
- (6)
- In this section:
- commencement day means the day on which Schedule 5 to the
Further 1998 Budget Measures Legislation Amendment (Social Security) Act 1999
commences.
14 Paragraph 623A(1)(b)
- (b)
- has not been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks;
15 Subsection 623A(1) (note)
16 At the end of section 623A
- (6)
- Subsection (1) does not apply to a person if:
- (a)
- the person is a New Zealand citizen; and
- (b)
- the person was an Australian resident on the day this subsection commences; and
- (c)
- when the person claimed newstart allowance the person had been:
- (i)
- an Australian resident for the 12 months immediately preceding the claim; or
- (ii)
- continuously present in Australia for the 6 months immediately preceding the claim.
17 Subsection 623B(1)
- (1)
- If a person is subject to a newly arrived resident's waiting period, the period starts on the day the person first became an Australian resident.
18 Subsection 623B(3)
- (3)
- If subsection (2) does not apply, the newly arrived resident's waiting period ends when the person has been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks.
- Note: This rule does not apply to people who were already subject to, or had already served, a newly arrived resident's waiting period before the commencement of this rule. Clause 121 of Schedule 1A to this Act continues the application of the previous rules to those people.
19 Paragraph 660YCFA(1)(b)
- (b)
- has not been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks;
20 Subsection 660YCFA(1) (note)
21 At the end of section 660YCFA
- (5)
- Subsection (1) does not apply to a person if:
- (a)
- the person is a New Zealand citizen; and
- (b)
- the person was an Australian resident on the day this subsection commences.
22 Subsection 660YCFB(1)
- (1)
- If a person is subject to a newly arrived resident's waiting period, the period starts on the day the person first became an Australian resident.
23 Subsection 660YCFB(3)
- (3)
- If subsection (2) does not apply, the newly arrived resident's waiting period ends when the person has been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks.
- Note: This rule does not apply to people who were already subject to, or had already served, a newly arrived resident's waiting period before the commencement of this rule. Clause 121 of Schedule 1A to this Act continues the application of the previous rules to those people.
24 Paragraph 696B(1)(b)
- (b)
- has not been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks;
25 Subsection 696B(1) (note)
26 At the end of section 696B
- (6)
- Subsection (1) does not apply to a person if:
- (a)
- the person is a New Zealand citizen; and
- (b)
- the person was an Australian resident on the day this subsection commences.
27 Subsection 696C(1)
- (1)
- If a person is subject to a newly arrived resident's waiting period, the period starts on the day the person first became an Australian resident.
28 Subsection 696C(3)
- (3)
- If subsection (2) does not apply, the newly arrived resident's waiting period ends when the person has been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks.
- Note: This rule does not apply to people who were already subject to, or had already served, a newly arrived resident's waiting period before the commencement of this rule. Clause 121 of Schedule 1A to this Act continues the application of the previous rules to those people.
29 Paragraph 771HNA(1)(b)
- (b)
- has not been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks;
30 Subsection 771HNA(1) (note)
31 At the end of section 771HNA
- (5)
- Subsection (1) does not apply to a person if:
- (a)
- the person is a New Zealand citizen; and
- (b)
- the person was an Australian resident on the day this subsection commences.
32 Subsection 771HNB(1)
- (1)
- If a person is subject to a newly arrived resident's waiting period, the period starts on the day the person first became an Australian resident.
33 Subsection 771HNB(3)
- (3)
- If subsection (2) does not apply, the newly arrived resident's waiting period ends when the person has been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks.
- Note: This rule does not apply to people who were already subject to, or had already served, a newly arrived resident's waiting period before the commencement of this rule. Clause 121 of Schedule 1A to this Act continues the application of the previous rules to those people.
34 Section 771HNA (second occurring)
35 Paragraph 1039AA(1)(b)
- (b)
- has not been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks;
36 Subsection 1039AA(1) (note)
37 At the end of section 1039AA
- (5)
- Subsection (1) does not apply to a person if:
- (a)
- the person is a New Zealand citizen; and
- (b)
- the person was an Australian resident on the day this subsection commences.
38 Section 1039AB
-
If a person is subject to a newly arrived resident's waiting period, the
period:
- (a)
- starts on the day the person first became an Australian resident; and
- (b)
- ends when the person has been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks.
39 Subsection 1061ZA(2)
40 Paragraph 1061ZA(2)(b)
- (b)
- has not been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks;
41 Subsection 1061ZA(2) (note)
42 At the end of section 1061ZA
- (7)
- Subsection (2) does not apply to person if:
- (a)
- the person is a New Zealand citizen; and
- (b)
- the person was an Australian resident on the day this subsection commences.
43 Section 1061ZAA
-
If a person is subject to a newly arrived resident's waiting period, the
period:
- (a)
- starts on the day the person first became an Australian resident; and
- (b)
- ends when the person has been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks.
44 At the end of Schedule IA
-
If a person is subject to a newly arrived resident's waiting period
immediately before the commencement of Schedule 5 to the Further 1998 Budget
Measures Legislation Amendment (Social Security) Act 1999 (the amending Act ),
this Act continues to apply to the person in relation to the waiting period as
if the amendments made by the amending Act had not been made.
45 At the end of Schedule 4
No. Legal 98/290
The Department of Foreign Affairs and Trade presents its compliments to the New Zealand High Commission and has the honour to refer to the Agreement between the Government of Australia and the Government of New Zealand on Social Security, signed at Wellington on 19 July 1994, as amended by the First and Second Protocols to the Agreement between the Government of Australia and the Government of New Zealand on Social Security of 7 September 1995 ("the Agreement") and to recent discussions between the Department of Social Security of Australia and the Department of Social Welfare of New Zealand concerning the need to amend the Agreement, so as to remove the provisions relating to benefits for the unemployed.
The Department of Foreign Affairs and Trade now has the honour to propose the following amendment to the Agreement:
Article 15 of the Agreement shall be deleted.
If the foregoing proposal is acceptable to the Government of New Zealand, the Department of Foreign Affairs and Trade has the honour to propose that this Note and the New Zealand High Commission's reply to that effect, shall constitute an Agreement between the Government of Australia and the Government of New Zealand which shall enter into force on the first day of September 1998 provided that prior to that date the Government of Australia and the Government of New Zealand have exchanged further notes through the diplomatic channel notifying each other that all other matters as are necessary to give effect to this Agreement have been finalised or if that notification has not been completed prior to 1 September 1998, on the first day of the second month after that notification has been completed.
The Department of Foreign Affairs and Trade avails itself of this opportunity to renew to the New Zealand High Commission the assurances of its highest consideration.
CANBERRA
2 July 1998
A/NZ/2/4/2
The New Zealand High Commission presents its compliments to the Department of Foreign Affairs and Trade and has the honour to refer to the Department's Note No Legal 98/290 of 2 July which reads as follows:
The Department of Foreign Affairs and Trade presents its compliments to the New Zealand High Commission and has the honour to refer to the Agreement between the Government of Australia and the Government of New Zealand on Social Security, signed at Wellington on 19 July 1994, as amended by the First and Second Protocols to the Agreement between the Government of Australia and the Government of New Zealand on Social Security of 7 September 1995 ("the Agreement") and to recent discussions between the Department of Social Security of Australia and the Department of Social Welfare of New Zealand concerning the need to amend the Agreement, so as to remove the provisions relating to benefits for the unemployed.
The Department of Foreign Affairs and Trade now has the honour to propose the following amendment to the Agreement:
Article 15 of the Agreement shall be deleted.
If the foregoing proposal is acceptable to the Government of New Zealand, the Department of Foreign Affairs and Trade has the honour to propose that this Note and the New Zealand High Commission's reply to that effect, shall constitute an Agreement between the Government of Australia and the Government of Zealand which shall enter into force on the first day of September 1998 provided that prior to that date the Government of Australia and the Government of New Zealand have exchanged further notes through the diplomatic channel notifying each other that all other matters as are necessary to give effect to this Agreement have been finalised or if that notification has not been completed prior to 1 September 1998, on the first day of the second month after that notification has been completed.
The New Zealand High Commission has further the honour to confirm that the above is acceptable to the Government of New Zealand and that the Department's Note and this reply shall constitute an Agreement Between the Government of New Zealand and the Government of Australia which shall enter into force on the first day of September 1998 provided that prior to that date the Government of New Zealand and the Government of Australia have exchanged further notes through the diplomatic channel notifying each other that all other matters as are necessary to give effect to this Agreement have been finalised or that if notification has not been completed prior to 1 September 1998, on the first day of the second month after that notification has been completed.
The New Zealand High Commission takes this opportunity to renew to the Department of Foreign Affairs and Trade the assurances of its highest consideration.
New Zealand High Commission
CANBERRA
2 July 1998
46 Paragraph 5BA(2)(c)
47 At the end of subsection 5BA(2)
-
; or (d) before the commencement of this paragraph, has been an Australian
resident for a period of, or periods totalling, 104 weeks.
48 Subsection 5BA(3)
- (3)
- If a person is subject to a newly arrived disadvantaged low income resident's waiting period, the period:
- (a)
- starts on the day the person first became an Australian resident; and
- (b)
- ends when the person has been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks.
49 Saving