Social Security (Class of Visas – Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2015 (No.2)

made under subsection 739A(6) of the

Social Security Act 1991

Compilation No. 2 

Compilation date:   1 January 2019

Includes amendments up to: Social Security Amendment (Class of Visas – Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2018 – F2018L01806

About this compilation

This compilation

This is a compilation of the Social Security (Class of Visas – Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2015 (No.2) that shows the text of the law as amended and in force on 1 January 2019 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

1  Name of determination

  This Determination is the Social Security (Class of Visas – Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2015 (No. 2).

2  Commencement

  This Determination commences on 1 October 2015.

3  Revocation

The following determinations are revoked:

(a)         Social Security (Class of Visas – Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2004;

(b)         Social Security (Class of Visas – Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2004 (No. 2);  

(c)          Social Security (Class of Visas – Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2009;

(d)         Social Security (Class of Visas – Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2011;

(e)         Social Security (Class of Visas – Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2014; and

(f)            Social Security (Class of Visas – Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2015.

4  Definitions

 In this Determination:

  Act means the Social Security Act 1991.  

4A  Classes of visas for the purposes of paragraph 739A(1)(e) of the Act

For the purposes of paragraph 739A(1)(e) of the Act, classes of visas are:

(a)         Subclass 309 (Partner (Provisional)); and

(b)         Subclass 820 (Partner).

5  Classes of visas for the purposes of paragraph 739A(3)(b) of the Act

For the purposes of paragraph 739A(3)(b) of the Act, classes of visas are:

(a)         Subclass 309 (Partner (Provisional)); and

(b)         Subclass 820 (Partner).

5A   Classes of visas for the purposes of paragraph 739A(4)(b) of the Act

For the purposes of paragraph 739A(4)(b) of the Act, classes of visas are:

(a)         Subclass 309 (Partner (Provisional)); and

(b)         Subclass 820 (Partner).

6  Classes of visas for the purposes of subsection 739A(6) of the Act

(1)               For the purposes of subsection 739A(6) of the Act, classes of visas are:

(aa)      Subclass 060 (Bridging F);

(a)         Subclass 070 (Bridging (Removal Pending));

(b)         Subclass 449 (Humanitarian Stay (Temporary));

(c)          Subclass 785 (Temporary Protection);

(d)         Subclass 786 (Temporary (Humanitarian Concern));

(e)         Subclass 790 (Safe Haven Enterprise); and

(f)           if the circumstances in subsection (2) are met, a criminal justice stay visa granted under subsection 155(2) of the Migration Act 1958.

(2) For paragraph (1)(f), the circumstances are that the criminal justice stay visa was granted for the purpose of assisting in the administration of criminal justice in relation to an offence of:

(a)      trafficking in persons;

(b)      slavery; or

(c)       slavery-like practices.

7  Classes of visas for the purposes of paragraph 739A(8)(c) of the Act

For the purposes of paragraph 739A(8)(c) of the Act, classes of visas are:

(a)         Subclass 309 (Partner (Provisional)); and

(b)         Subclass 820 (Partner).

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history