Commonwealth Numbered Acts

SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 3) 1992 No. 230, 1992 - SECT 109

109. After section 623 of the Principal Act the following sections are
inserted in Subdivision E of Division 1 of Part 2.12: Newly arrived resident's
waiting period

"623A.(1) Subject to this section, a person is subject to a newly arrived
resident's waiting period if the person:

   (a)  either:

        (i)    holds a valid visa that was granted after 17 August 1992; or

        (ii)   is not required under the Migration Act 1958 to hold a visa;
               and

   (b)  is granted a valid entry permit on or after 1 January 1993; and

   (c)  enters Australia on or after 1 January 1993.

"(2) Subsection (1) does not apply to a person who:

   (a)  holds a valid domestic protection (temporary) entry permit; or

   (b)  is approved for permanent entry under the Refugees, Humanitarian and
        Special Assistance Sub-program of the Department of Immigration, Local
        Government and Ethnic Affairs, or a similar program of that
        Department.

"(3) Subsection (1) does not apply to a person if:

   (a)  the person is granted a valid entry permit on or after 1 January 1993;
        and

   (b)  the person is a member of a couple immediately before the person's
        entry into Australia; and

   (c)  the person's partner has been an Australian resident for at least 26
        weeks when the person enters Australia. Note: for 'Australian
        resident' see subsection 7(2).

"(4) 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)  the person:

        (i)    has previously entered Australia; and

        (ii)   held a permanent entry permit immediately before the person's
               last departure from Australia.

"(5) In this section:

" 'domestic protection (temporary) entry permit' has the meaning that it has
in regulations made under the Migration Act 1958;
'enter' has the meaning that it has in the Migration Act 1958;
'entry visa' has the meaning that it has in the Migration Act 1958;
'permanent entry permit' has the meaning that it has in the Migration Act 
1958 ;
'visa' means an entry visa or a travel-only visa within the meaning of the
Migration Act 1958. Duration of newly arrived resident's waiting period

"623B.(1) Subject to subsection (2), the newly arrived resident's waiting
period starts on the day on which the person's permanent entry permit comes
into force and lasts for 26 weeks.

"(2) If the person held a valid designated temporary entry permit before the
person is granted a valid permanent entry permit, the newly arrived resident's
waiting period starts on the day on which the person's valid designated
temporary entry permit comes into force and lasts for 26 weeks.

"(3) In this section:
'designated temporary entry permit' means a PRC (temporary) entry permit held
by the partner or a dependent child (if any) of a citizen of the People's
Republic of China if that citizen holds a PRC (temporary) entry permit;
'permanent entry permit' has the meaning that it has in the Migration Act 
1958 ;
'PRC (temporary) entry permit' has the meaning that it has in regulations made
under the Migration Act 1958.".