1996

The Parliament of the
Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Social Security Legislation Amendment (Newly Arrived Resident’s Waiting Periods and Other Measures) Bill 1996

No.      , 1996

(Social Security)

A Bill for an Act to amend the Social Security Act 1991, the Student and Youth Assistance Act 1973, the Data-matching Program (Assistance and Tax) Act 1990, the Social Security and Veterans’ Affairs Legislation Amendment Act 1995 and the Health Insurance Act 1973, and for related purposes
  
9603920—3,200/21.5.1996—(39/96)    Cat. No. 96 4589 6    ISBN 0644 436751

Contents
1	Short title	
2	Commencement	
3	Schedule(s)	
Schedule 1—Amendment of the Social Security Act 1991, the Student and Youth Assistance Act 1973 and the Health Insurance Act 1973 to extend the newly arrived resident’s waiting period	
Part 1—Amendment of the Social Security Act 1991	
Division 1—Amendment of definitions	
Division 2—Carer pension amendments	
Division 3—Widow allowance amendments	
Division 4—Disability wage supplement amendments	
Division 5—Job search allowance amendments	
Division 6—Newstart allowance amendments	
Division 7—Mature age allowance amendments	
Division 8—Sickness allowance amendments	
Division 9—Special benefit amendments	
Division 10—Partner allowance amendments	
Division 11—Maternity allowance amendments	
Division 12—Parenting allowance amendments	
Division 13—Child disability allowance amendments	
Division 14—Double orphan pension amendments	
Division 15—Mobility allowance amendments	
Division 16—Seniors health card amendments	
Division 17—Family payment amendments	
Part 2—Amendment of the Student and Youth
Assistance Act 1973	
Part 3—Amendment of the Health Insurance Act 1973	
Schedule 2—Amendment of the Social Security Act 1991 and the Student and Youth Assistance Act 1973 to allow additional information to be sought	
Part 1—Amendment of the Social Security Act 1991	
Part 2—Amendment of the Student and Youth
Assistance Act 1973	
Schedule 3—Amendment of the Data-matching Program
(Assistance and Tax) Act 1990	
Schedule 4—Amendment of the Social Security and Veterans’ Affairs Legislation Amendment Act 1995	
Schedule 5—Other amendments of the Social Security Act 1991	

A Bill for an Act to amend the Social Security Act 1991, the Student and Youth Assistance Act 1973, the Data-matching Program (Assistance and Tax) Act 1990, the Social Security and Veterans’ Affairs Legislation Amendment Act 1995 and the Health Insurance Act 1973, and for related purposes
The Parliament of Australia enacts:
1  Short title
		This Act may be cited as the Social Security Legislation Amendment (Newly Arrived Resident’s Waiting Periods and Other Measures) Act 1996.
2  Commencement
	(1)	Subject to subsections (2), (3), (4) and (5), this Act commences on the day on which it receives the Royal Assent.
	(2)	Items 9 and 10 of Schedule 1 and Division 7 of Schedule 1 commence, or are taken to have commenced, on 1 July 1996, immediately after the commencement of Schedule 6 to the Social Security and Veterans’ Affairs Legislation Amendment Act 1995.
	(3)	Schedule 3 commences, or is taken to have commenced, on 
30 June 1996.
	(4)	Schedule 4 commences on 20 September 1996, immediately after Schedule 5 to the Social Security and Veterans’ Affairs Legislation Amendment Act 1995.
	(5)	Items 6, 7 and 8 of Schedule 5 are taken to have commenced on 
1 July 1995, immediately after the commencement of Schedule 1 to the Social Security (Parenting Allowance and Other Measures) Legislation Amendment Act 1994.
3  Schedule(s)
		Subject to subsections 2(2), (3), (4) and (5), 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.

Schedule 1—Amendment of the Social Security Act 1991, the Student and Youth Assistance Act 1973 and the Health Insurance Act 1973 to extend the newly arrived resident’s waiting period
Part 1—Amendment of the Social Security Act 1991
Division 1—Amendment of definitions
1  Subsection 7(6)
After “a non-benefit parenting allowance”, insert “, family payment, a maternity allowance, a mobility allowance, a seniors health card”.
2  After subsection 7(6)
Insert:
	(6AA)	A person also has a qualifying residence exemption for a social security benefit (other than a special benefit), family payment, a non-benefit parenting allowance, a maternity allowance, a mobility allowance, a seniors health card or a youth training allowance if, and only if, the person:
	(a)	holds a permanent visa and was the former holder of a subclass 820 visa—Extended eligibility (spouse); or
	(b)	was a family member of a refugee, or former refugee, at the time the refugee or former refugee arrived in Australia.
3  At the end of paragraph 7(6A)(b)
Add:
	; or (iii)	a family member of the exempt resident, or former exempt resident, at the time the exempt resident or former exempt resident arrived in Australia.
4  Subsection 7(6B) (heading to table)
Omit all the words after “EXEMPTION”.
5  Paragraph 7(6C)(c)
Repeal the paragraph, substitute:
	(c)	is the holder of a temporary visa, of a class referred to in a declaration of the Minister under subsection 25A(1), that is in force.
6  After subsection 7(6C)
Insert:
	(6D)	For the purposes of subsections (6) and (6A):
family member, in relation to a person, means:
	(a)	a partner of the person; or
	(b)	a dependent child of the person; or
	(c)	another person who, in the opinion of the Secretary, should be treated for the purposes of this definition as a person described in paragraph (a) or (b).
7  Subsection 23(1) (definition of newly arrived resident’s waiting period)
Repeal the definition, substitute:
newly arrived resident’s waiting period means:
	(a)	a carer pension newly arrived resident’s waiting period under sections 201AA and 201AB; or
	(b)	a widow allowance newly arrived resident’s waiting period under section 408BA; or
	(c)	a disability wage supplement newly arrived resident’s waiting period under sections 410A and 410B; or
	(d)	a job search allowance newly arrived resident’s waiting period under sections 541B and 541C; or
	(e)	a newstart allowance newly arrived resident’s waiting period under sections 623A and 623B; or
	(g)	a sickness allowance newly arrived resident’s waiting period under sections 696B and 696C; or
	(h)	a special benefit newly arrived resident’s waiting period under sections 732 and 739A; or
	(i)	a partner allowance newly arrived resident’s waiting period under sections 771HC and 771HNA; or
	(j)	a maternity allowance newly arrived resident’s waiting period under section 900B; or
	(k)	a parenting allowance newly arrived resident’s waiting period under sections 920 to 922; or
	(l)	a child disability allowance newly arrived resident’s waiting period under section 953A; or
	(m)	a double orphan pension newly arrived waiting period under section 993A; or
	(n)	a mobility allowance newly arrived resident’s waiting period under sections 1039AA and 1039AB; or
	(o)	a seniors health card newly arrived resident’s waiting period under section 1061ZA; or
	(p)	a family payment newly arrived resident’s waiting period under section 1069; or
	(q)	a youth training allowance newly arrived resident’s waiting period under sections 85 and 101 of the Student and Youth Assistance Act 1973.
8  Subsection 23(1) (after paragraph (d) of the definition of newly arrived resident’s waiting period)
Insert:
	(f)	a mature age allowance newly arrived resident’s waiting period under sections 660YCFA and 660YCFB; or
9  Subsection 23(1) (before paragraph (a) of the definition of waiting period)
Insert:
	(aa)	a carer pension newly arrived resident’s waiting period under sections 201AA and 201AB; or
	(ab)	a widow allowance newly arrived resident’s waiting period under section 408BA; or
	(ac)	a disability wage supplement newly arrived resident’s waiting period under sections 410A and 410B; or
10  Subsection 23(1) (after paragraph (fe) of the definition of waiting period)
Insert:
	(ff)	a mature age allowance newly arrived resident’s waiting period under sections 660YCFA and 660YCFB; or
11  Subsection 23(1) (after paragraph (k) of the definition of waiting period)
Insert:
	(ka)	a special benefit newly arrived resident’s waiting period under sections 732 and 739A; or
	(kb)	a partner allowance newly arrived resident’s waiting period under sections 771HC and 771HNA; or
	(kc)	a maternity allowance newly arrived resident’s waiting period under section 900B; or
12  Subsection 23(1) (at the end of paragraph (m) of the definition of waiting period)
Add:
	or (n)	a child disability allowance newly arrived resident’s waiting period under section 953A; or
	(o)	a double orphan pension newly arrived resident’s waiting period under section 993A; or
	(p)	a mobility allowance newly arrived resident’s waiting period under sections 1039AA and 1039AB; or
	(q)	a seniors health card newly arrived resident’s waiting period under section 1061ZA; or
	(r)	a family payment newly arrived resident’s waiting period under section 1069.
Division 2—Carer pension amendments
13  After paragraph 199(1)(a)
Insert:
	(aa)	the person is subject to a newly arrived resident’s waiting period and that period has not ended (see sections 201AA and 201AB); or
14  After section 201
Insert:
201AA  Newly arrived resident’s waiting period
		A person who:
	(a)	enters Australia, on or after the commencement of this section; and
	(b)	either:
	(i)	has not been an Australian resident for a period of, or periods totalling, 104 weeks; or
	(ii)	has applied for a subclass 820 visa—Extended eligibility (spouse), but has not been in Australia for a period of, or periods totalling, 104 weeks after applying for that visa;
is subject to a newly arrived resident’s waiting period.
Note:	For Australian resident see subsection 7(2).
201AB  Duration of newly arrived resident’s waiting period
		If a person is subject to a newly arrived resident’s waiting period, the period:
	(a)	starts on the day on which the person first entered Australia on or after the commencement of this section; and
	(b)	ends when the person has been in Australia for a period of, or periods totalling, 104 weeks after that day.
Division 3—Widow allowance amendments
15  Subparagraph 408BA(2)(d)(i)
Repeal the subparagraph, substitute:
	(i)	if the woman entered Australia before 1 April 1996—the woman has been an Australian resident for a continuous period of at least 26 weeks immediately before the day she lodged the claim for the allowance; or
	(ia)	if the woman entered Australia on or after 1 April 1996—the woman has been an Australian resident for a period of, or periods totalling, 104 weeks before the day she lodged the claim for the allowance; or
16  Subsection 408BA(4)
Omit “If”, substitute “Subject to subsection (4A), if”.
17  After subsection 408BA(4)
Insert:
	(4A)	Subsection (4) does not apply to subparagraph (2)(d)(ia).
Division 4—Disability wage supplement amendments
18  Subsection 409(1)
Omit “A person”, substitute “Subject to section 410A, a person”.
19  Subsection 410(1)
Omit “A person”, substitute “Subject to section 410A, a person”.
20  After subparagraph 410(1)(d)(ii)
Insert:
	(iia)	has a qualifying residence exemption for a disability wage supplement; or
21  After section 410
Insert:
410A  Person subject to newly arrived resident’s waiting period
	(1)	A person who, on or after the commencement of this subsection:
	(a)	enters Australia; and
	(b)	becomes the holder of a permanent visa;
is subject to a newly arrived resident’s waiting period.
	(2)	Subsection (1) does not apply to a person:
	(a)	if the person has already served a newly arrived resident’s waiting period; or
	(b)	the person has a qualifying residence exemption for a disability wage supplement.
	(3)	Subsection (1) does not apply to a person who:
	(a)	has a physical, intellectual or psychiatric impairment; and
	(b)	the person’s impairment is of 20% or more under the Impairment Tables; and
	(c)	because of the impairment the person has a continuing inability to work; and
	(d)	the person first satisfied paragraph (c) while in Australia.
Note:	For Impairment Tables see subsection 23(1).
	(4)	Subsection (1) does not apply to a person who:
	(a)	is permanently blind; and
	(b)	became permanently blind while in Australia.
410B  Duration of newly arrived resident’s waiting period
		If a person is subject to a newly arrived resident’s waiting period, the period starts on the day on which the person:
	(a)	first entered Australia on or after the commencement of this section; or
	(b)	became the holder of a permanent visa;
whichever day last occurs, and ends when the person has been in Australia for a period of, or periods totalling, 104 weeks after that day.
Note:	For permanent visa see subsection 7(1).
Division 5—Job search allowance amendments
22  Subsection 541B(4)
Repeal the subsection.
23  Subparagraph 541B(5)(c)(i)
After “Australia”, insert “before 1 January 1993”.
24  Subsection 541C(1)
Repeal the subsection, substitute:
	(1)	If a person is subject to a newly arrived resident’s waiting period, the period starts on the day on which the person:
	(a)	entered Australia; or
	(b)	was granted a permanent visa;
whichever last occurs.
25  Subsection 541C(3)
Repeal the subsection, substitute:
	(3)	If subsection (2) does not apply, the newly arrived resident’s waiting period ends:
	(a)	if a person:
	(i)	entered Australia; and
	(ii)	was granted a permanent visa;
		before 1 April 1996—26 weeks after whichever of the events referred to in subparagraphs (i) and (ii) happened last; or
	(b)	if a person:
	(i)	entered Australia; and
	(ii)	was granted a permanent visa;
		on or after 1 April 1996—when the person has been in Australia for a period of, or periods totalling, 104 weeks after whichever of the events referred to in subparagraphs (i) and (ii) happened last; or
	(c)	if a person:
	(i)	entered Australia before 1 April 1996; and
	(ii)	was granted a permanent visa on or after 1 April 1996;
		when the person has been in Australia for a period of, or periods totalling, 104 weeks after the day on which the person was granted the permanent visa; or
	(d)	if a person:
	(i)	was granted a permanent visa before 1 April 1996; and
	(ii)	entered Australia on or after 1 April 1996;
		when the person has been in Australia for a period of, or periods totalling, 104 weeks after the day on which the person entered Australia.
Division 6—Newstart allowance amendments
26  Subsection 623A(4)
Repeal the subsection.
27  Subparagraph 623A(5)(c)(i)
After “Australia”, insert “before 1 January 1993”.
28  Subsection 623B(1)
Repeal the subsection, substitute:
	(1)	If a person is subject to a newly arrived resident’s waiting period, the period starts on the day on which the person:
	(a)	entered Australia; or
	(b)	was granted a permanent visa;
whichever last occurs.
29  Subsection 623B(3)
Repeal the subsection, substitute:
	(3)	If subsection (2) does not apply, the newly arrived resident’s waiting period ends:
	(a)	if a person:
	(i)	entered Australia; and
	(ii)	was granted a permanent visa;
		before 1 April 1996—26 weeks after whichever of the events referred to in subparagraphs (i) and (ii) happened last; or
	(b)	if a person:
	(i)	entered Australia; and
	(ii)	was granted a permanent visa;
		on or after 1 April 1996—when the person has been in Australia for a period of, or periods totalling, 104 weeks after whichever of the events referred to in subparagraphs (i) and (ii) happened last; or
	(c)	if a person:
	(i)	entered Australia before 1 April 1996; and
	(ii)	was granted a permanent visa on or after 1 April 1996;
		when the person has been in Australia for a period of, or periods totalling, 104 weeks after the day on which the person was granted the permanent visa; or
	(d)	if a person:
	(i)	was granted a permanent visa before 1 April 1996; and
	(ii)	entered Australia on or after 1 April 1996;
		when the person has been in Australia for a period of, or periods totalling, 104 weeks after the day on which the person entered Australia.
Division 7—Mature age allowance amendments
30  After paragraph 660YCA(c)
Insert:
	(ca)	the person is subject to a newly arrived resident’s waiting period and that period has not ended (see sections 660YCFA and 660YCAB); or
31 After section 660YCF
Insert:
660YCFA  Newly arrived resident’s waiting period
	(1)	Subject to this section, a person who:
	(a)	has entered Australia on or after 1 January 1993; and
	(b)	holds a permanent visa;
is subject to a newly arrived resident’s waiting period.
Note:	For holder and permanent visa see subsection 7(1).
	(2)	Subsection (1) does not apply to a person who has a qualifying residence exemption for a mature age allowance.
Note:	For qualifying residence exemption see subsections 7(6) and 7(6AA).
	(3)	Subsection (1) does not apply to a person:
	(a)	if, immediately before 1 September 1994, the person had held a valid designated temporary entry permit for a continuous period of at least 26 weeks; or
	(b)	if:
	(i)	immediately before 1 September 1994, the person had held a valid designated temporary entry permit for a continuous period (permit period) of less than 26 weeks; and
	(ii)	that permit was continued in force as a temporary visa by regulations made under the Migration Reform Act 1992; and
	(iii)	the period during which that permit continued to be in force as a temporary visa  together with the permit period is at least 26 weeks.
Note:	For designated temporary entry permit see subsection 7(1).
	(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 before 1 January 1993; and 
	(ii)	held a permanent entry permit granted under the Migration Act 1958 as then in force, or a permanent visa, before the person’s last departure from Australia.
660YCFB  Duration of newly arrived resident’s waiting period
	(1)	If a person is subject to a newly arrived resident’s waiting period, the period starts on the day on which the person:
	(a)	entered Australia; or
	(b)	was granted a permanent visa;
whichever last occurs.
	(2)	If:
	(a)	immediately before 1 September 1994, the person held a valid designated temporary entry permit; and
	(b)	that permit was continued in force as a temporary visa by regulations made under the Migration Reform Act 1992; and
	(c)	that temporary visa was in force immediately before the person was granted his or her permanent visa;
the newly arrived resident’s waiting period ends 26 weeks after the day on which the designated temporary entry permit was granted to the person.
Note:	For designated temporary entry permit see subsection 7(1).
	(3)	If subsection (2) does not apply, the newly arrived resident’s waiting period ends:
	(a)	if a person:
	(i)	entered Australia; and
	(ii)	was granted a permanent visa;
		before 1 April 1996—26 weeks after whichever event referred to in subparagraphs (i) and (ii) happened last; or
	(b)	if a person:
	(i)	entered Australia; and
	(ii)	was granted a permanent visa;
		on or after 1 April 1996—when the person has been in Australia for a period of, or periods totalling, 104 weeks after whichever event referred to in subparagraphs (i) and (ii) happened last; or
	(c)	if a person:
	(i)	entered Australia before 1 April 1996; and
	(ii)	was granted a permanent visa on or after 1 April 1996;
		when the person has been in Australia for a period of, or periods totalling, 104 weeks after the day on which the person was granted the permanent visa; or
	(d)	if a person:
	(i)	was granted a permanent visa before 1 April 1996; and
	(ii)	entered Australia on or after 1 April 1996;
		when the person has been in Australia for a period of, or periods totalling, 104 weeks after the day on which the person entered Australia.
Division 8—Sickness allowance amendments
32  Subsection 696B(4)
Repeal the subsection.
33  Subparagraph 696B(5)(c)(i)
After “Australia”, insert “before 1 January 1993”.
34  Subsection 696C(1)
Repeal the subsection, substitute:
	(1)	If a person is subject to a newly arrived resident’s waiting period, the period starts on the day on which the person:
	(a)	entered Australia; or
	(b)	was granted a permanent visa;
whichever last occurs, and ends on the day worked out under subsection (2) or (3).
35  Subsection 696C(3)
Repeal the subsection, substitute:
	(3)	If subsection (2) does not apply, the newly arrived resident’s waiting period ends:
	(a)	if a person:
	(i)	entered Australia; and
	(ii)	was granted a permanent visa;
		before 1 April 1996—26 weeks after whichever event referred to in subparagraphs (i) and (ii) happened last; or
	(b)	if a person:
	(i)	entered Australia; and
	(ii)	was granted a permanent visa;
		on or after 1 April 1996—when the person has been in Australia for a period of, or periods totalling, 104 weeks after whichever event referred to in subparagraphs (i) and (ii) happens last; or
	(c)	if a person:
	(i)	entered Australia before 1 April 1996; and
	(ii)	was granted a permanent visa on or after 1 April 1996;
		when the person has been in Australia for a period of, or periods totalling, 104 weeks after the day on which the person was granted the permanent visa; or
	(d)	if a person:
	(i)	was granted a permanent visa before 1 April 1996; and
	(ii)	entered Australia on or after 1 April 1996;
		when the person has been in Australia for a period of, or periods totalling, 104 weeks after the day on which the person entered Australia.
Division 9—Special benefit amendments
36  Paragraph 729(2)(f)
Repeal the paragraph, substitute:
	(f)	the person:
	(i)	is an Australian resident; or
	(ii)	has a qualifying residence exemption for special benefit; or
	(iii)	is the holder of a subclass 820 visa—Extended eligibility (spouse); and
37  After paragraph 732(1)(d)
Insert:
	(da)	the person is subject to a newly arrived resident’s waiting period and that period has not ended (see section 739A); or
38  After section 739
Insert:
739A  Newly arrived resident’s waiting period
	(1)	Subject to this section, a person who, on or after the commencement of this subsection:
	(a)	enters Australia; or
	(b)	becomes the holder of a permanent visa; or
	(c)	becomes the holder of a subclass 820 visa—Extended eligibility (spouse);
is subject to a newly arrived resident’s waiting period.
	(2)	Subject to this section, if, immediately before the commencement of this subsection, a person was the holder of a subclass 820 visa—Extended eligibility (spouse), the person is subject to a newly arrived resident’s waiting period.
	(3)	If:
	(a)	a person is subject to a newly arrived resident’s waiting period; and
	(b)	before, on or after the commencement of this subsection, the person applies for a subclass 820 visa—Extended eligibility (spouse), or such other class of visa as is determined by the Minister;
the waiting period:
	(c)	starts on the day on which the person applied for that visa; and
	(d)	ends when the person has been in Australia for a period of, or periods totalling, 104 weeks after that day.
	(4)	If:
	(a)	a person is subject to a newly arrived resident’s waiting period; and
	(b)	immediately before the commencement of this subsection, the person was the holder of a subclass 820 visa—Extended eligibility (spouse);
the period:
	(c)	 starts on the day on which the person applied for that visa; and
	(d)	ends when the person has been in Australia for a period of, or periods totalling, 104  weeks after that day.
	(5)	If:
	(a)	a person is subject to a newly arrived resident’s waiting period; and
	(b)	neither subsection (3) nor (4) apply to the person;
the waiting period starts on the day on which the person:
	(c)	first entered Australia; or
	(d)	becomes the holder of a permanent visa;
whichever occurs last, and ends on the day after the person has been in Australia for a period of, or periods totalling, 104 weeks after that day.
	(6)	Neither subsection (1) nor (2) apply to a person if the person has a qualifying residence exemption for special benefit.
	(7)	Neither subsection (1) nor (2) apply to a person if the person, in the Secretary’s opinion, has suffered a substantial change in circumstances beyond the person’s control.
Note:	For permanent visa see subsection 7(1).
739B  Secretary to act in accordance with guidelines
		The Secretary must exercise the powers under subsection 739A(7), in accordance with guidelines from time to time in force under subsection 739C(1).
739C  Guidelines for exercise of Secretary’s powers under subsection 739A(7)
	(1)	The Minister, by determination in writing:
	(a)	is to set guidelines for the exercise of the Secretary’s powers under subsection 739A(7); and
	(b)	may revoke or vary those guidelines.
	(2)	A determination made under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Division 10—Partner allowance amendments
39  After paragraph 771HC(1)(g)
Insert:
	(ga)	the person is subject to a newly arrived resident’s waiting period and that period has not ended (see sections 771HNA and 771HNB); or
40  After section 771HN
Insert:
771HNA  Newly arrived resident’s waiting period
	(1)	Subject to this section, a person who:
	(a)	has entered Australia on or after 1 January 1993; and
	(b)	holds a permanent visa;
is subject to a newly arrived resident’s waiting period.
Note:	For holder and permanent visa see subsection 7(1).
	(2)	Subsection (1) does not apply to a person who has a qualifying residence exemption for a partner allowance.
Note:	For qualifying residence exemption see subsection 7(6).
	(3)	Subsection (1) does not apply to a person:
	(a)	if, immediately before 1 September 1994, the person had held a valid designated temporary entry permit for a continuous period of at least 26 weeks; or
	(b)	if:
	(i)	immediately before 1 September 1994, the person had held a valid designated temporary entry visa for a continuous period (permit period) of less than 26 weeks; and
	(ii)	that permit was continued in force as a temporary visa by regulations made under the Migration Reform Act 1992; and
	(iii)	the period during which that permit continued to be in force as a temporary visa together with the permit period is at least 26 weeks.
Note:	For designated temporary entry permit see subsection 7(1).
	(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 before 1 January 1993; and
	(ii)	held a permanent entry permit granted under the Migration Act 1958 as then in force, or a permanent visa, before the person’s last departure from Australia.
771HNB  Duration of newly arrived resident’s waiting period
	(1)	If a person is subject to a newly arrived resident’s waiting period, the period starts on the day on which the person:
	(a)	entered Australia; or
	(b)	was granted a permanent visa;
whichever last occurs.
	(2)	If:
	(a)	immediately before 1 September 1994, the person held a valid designated temporary entry permit; and
	(b)	that permit was continued in force as a temporary visa by regulations made under the Migration Reform Act 1992; and
	(c)	that temporary visa was in force immediately before the person was granted his or her permanent visa;
the newly arrived resident’s waiting period ends 26 weeks after the day on which the designated temporary entry permit was granted to the person.
Note:	For designated temporary entry permit see subsection 7(1).
	(3)	If subsection (2) does not apply, the newly arrived resident’s waiting period ends:
	(a)	if a person:
	(i)	entered Australia; and
	(ii)	was granted a permanent visa;
		before 1 April 1996—26 weeks after whichever event referred to in subparagraphs (i) and (ii) happened last; or
	(b)	if a person:
	(i)	entered Australia; and
	(ii)	was granted a permanent visa;
		on or after 1 April 1996—when the person has been in Australia for a period of, or periods totalling, 104 weeks after whichever event referred to in subparagraphs (i) and (ii) last happened; or
	(c)	if a person:
	(i)	entered Australia before 1 April 1996; and
	(ii)	was granted a permanent visa on or after 1 April 1996;
		when the person has been in Australia for a period of, or periods totalling, 104 weeks after the day on which the person was granted the permanent visa; or
	(d)	if a person:
	(i)	was granted a permanent visa before 1 April 1996; and
	(ii)	entered Australia on or after 1 April 1996;
		when the person has been in Australia for a period of, or periods totalling, 104 weeks after the day on which the person entered Australia.
Division 11—Maternity allowance amendments
41  After subsection 900B(5)
Insert:
	(6)	The fifth requirement, which only applies to a person who entered Australia on or after the commencement of this subsection, is that:
	(a)	the person must have been in Australia as an inhabitant of Australia for a period of, or periods totalling, 104 weeks before the child’s birth; or
	(b)	the person must since applying for a subclass 820 visa—Extended eligibility (spouse), or such other class of visa determined by the Minister, have been in Australia for a period of, or periods totalling 104 weeks before the child’s birth.
	(7)	The fifth requirement does not apply to a person who:
	(a)	has a qualifying residence exemption for a maternity allowance; or
	(b)	has already served a newly arrived resident’s waiting period.
Note 1:	For inhabitant of Australia see subsection 23(1).
Note 2:	For newly arrived resident’s waiting period see subsection 23(1).
Division 12—Parenting allowance amendments
42  Subsection 921(4)
Repeal the subsection.
43  Subparagraph 921(5)(c)(i)
After “Australia”, insert “before 1 January 1993”.
44  Subsection 922(1)
Repeal the subsection, substitute:
	(1)	If a person is subject to a newly arrived resident’s waiting period, the period starts on the day on which the person:
	(a)	entered Australia; or
	(b)	was granted a permanent visa;
whichever last occurs.
45  Subsection 922(3)
Repeal the subsection, substitute:
	(3)	If subsection (2) does not apply, the newly arrived resident’s waiting period ends:
	(a)	if a person:
	(i)	entered Australia; and
	(ii)	was granted a permanent visa;
		before 1 April 1996—26 weeks after whichever event referred to in subparagraphs (i) and (ii) happened last; or
	(b)	if a person:
	(i)	entered Australia; and
	(ii)	was granted a permanent visa;
		on or after 1 April 1996—when the person has been in Australia for a period of, or periods totalling, 104 weeks after whichever event referred to in subparagraphs (i) and (ii) happened last; or
	(c)	if a person:
	(i)	entered Australia before 1 April 1996; and
	(ii)	was granted a permanent visa on or after 1 April 1996;
		when the person has been in Australia for a period of, or periods totalling, 104 weeks after the day on which the person was granted the permanent visa; or
	(d)	if a person:
	(i)	was granted a permanent visa before 1 April 1996;
	(ii)	entered Australia on or after 1 April 1996;
		when the person has been in Australia for a period of, or periods totalling, 104 weeks after the day on which the person entered Australia.
Division 13—Child disability allowance amendments
46  Section 953
Omit “A disabled child”, substitute “Subject to section 953A, a disabled child”.
47  After section 953
Insert:
953A  CDA child status—child subject to newly arrived resident’s waiting period
	(1)	A disabled child is not a CDA child of the person if the child:
	(a)	enters Australia on or after the commencement of this section; and
	(b)	has not been in Australia for a period of, or periods totalling, 104 weeks.
	(2)	Subsection (1) does not apply if:
	(a)	the disabled child:
	(i)	resides in Australia; and
	(ii)	is a refugee; or
	(b)	the disabled child:
	(i)	resides in Australia; and
	(ii)	was a dependent child of a refugee, or a former refugee, at the time the refugee or former refugee arrived in Australia; or
	(c)	the disabled child:
	(i)	resides in Australia; and
	(ii)	was a dependent child of an exempt resident, or a former exempt resident, at the time the exempt resident or former exempt resident arrived in Australia; or
	(d)	the disabled child is a dependent child of a person who is, or has been, an inhabitant of Australia for a period of, or periods totalling, 104 weeks; or
	(e)	the disabled child became a disabled child within the meaning of section 952 on or after becoming an inhabitant of Australia.
Note:	For inhabitant of Australia see subsection 23(1).
	(3)	In this section:
exempt resident has the same meaning as in subsection 7(6C).
refugee has the same meaning as in subsection 7(6B).
Division 14—Double orphan pension amendments
48  Section 993
Omit “A young person”, substitute “Subject to section 993A, a young person”.
49  After section 993
Insert:
993A  Double orphan—young person subject to a newly arrived resident’s waiting period
	(1)	For the purposes of section 993, a young person is not a double orphan if the young person:
	(a)	enters Australia on or after the commencement of this section; and
	(b)	has not been in Australia for a period of, or periods totalling, 104 weeks.
	(2)	Subsection (1) does not apply if:
	(a)	either parent of the young person is, or had been, an inhabitant of Australia for a period of, or periods totalling, 104 weeks; or
	(b)	the young person became a double orphan on or after becoming an inhabitant of Australia.
Note:	For  inhabitant of Australia see subsection 23(1).
Division 15—Mobility allowance amendments
50  After paragraph 1036(aa)
Insert:
	(aaa)	the person is subject to a newly arrived resident’s waiting period and that period has not ended (see sections 1039AA and 1039AB); or
51  After section 1039
Insert:
1039AA  Newly arrived resident’s waiting period
	(1)	Subject to subsections (2), (3) and (4), a person who, on or after the commencement of this subsection:
	(a)	enters Australia; and
	(b)	becomes the holder of a permanent visa;
is subject to a newly arrived resident’s waiting period.
Note:	For permanent visa see subsection 7(1).
	(2)	Subsection (1) does not apply to a person who has a qualifying residence exemption for a mobility allowance.
Note:	For qualifying residence exemption see subsections 7(6) and 7(6AA).
	(3)	Subsection (1) does not apply to a person if the person has already served a newly arrived resident’s waiting period.
	(4)	Subsection (1) does not apply to a person who becomes a handicapped person while in Australia.
Note:	For handicapped person see section 19.
1039AB  Duration of newly arrived resident’s waiting period
		If a person is subject to a newly arrived resident’s waiting period, the period starts on the day on which the person:
	(a)	first entered Australia on or after the commencement of this section; or
	(b)	became the holder of a permanent visa;
whichever day last occurs, and ends when the person has been in Australia for a period of, or periods totalling, 104 weeks after that day.
Note:	For permanent visa see subsection 7(1).
Division 16—Seniors health card amendments
52  After paragraph 1061ZA(c)
Insert:
	(ca)	was subject to a newly arrived resident’s waiting period and that period has ended (see sections 1061ZA and 1061ZAA); and
53  At the end of section 1061ZA
Add:
	(2)	Subject to subsections (3) and (4), a person who, on or after the commencement of this subsection:
	(a)	enters Australia; and
	(b)	becomes the holder of a permanent visa;
is subject to a newly arrived resident’s waiting period.
Note:	For permanent visa see subsection 7(1).
	(3)	Subsection (2) does not apply to a person who has a qualifying residence exemption for a seniors health card.
Note:	For qualifying residence exemption see subsections 7(6) and 7(6AA).
	(4)	Subsection (2) does not apply to a person who has already served a newly arrived resident’s waiting period.
54  After section 1061ZA
Insert:
1061ZAA  Duration of newly arrived resident’s waiting period
		If a person is subject to a newly arrived resident’s waiting period, the period starts on the day on which the person:
	(a)	first entered Australia on or after the commencement of this section; or
	(b)	became the holder of a permanent visa;
whichever day last occurs, and ends when the person has been in Australia for a period of, or periods totalling, 104 weeks after that day.
Division 17—Family payment amendments
55  Section 1069 (Family Payment Rate Calculator, Module B, after point 1069-B6)
Insert:
FP child subject to newly arrived resident’s waiting period
	1069-B6A	If an FP child of a person:
	(a)	enters Australia on or after the commencement of this point; and
	(b)	has not been an inhabitant of Australia for a period of, or periods totalling, 104 weeks;
then the FP child rate for that child is $22.70.
Note:	The amount referred to is indexed annually in line with CPI increases (see sections 1191 to 1194).
	1069-B6B	Point 1069-B6A does not apply to a FP child of a person if the FP child resides in Australia and is:
	(a)	a refugee; or
	(b)	a dependent child of a refugee or a former refugee, at the time the refugee or former refugee arrived in Australia; or
	(c)	a dependent child of an exempt resident or former exempt resident, at the time the exempt resident or former exempt resident arrived in Australia.
	1069-B6C	In point 1069-B6B:
exempt resident has the same meaning as in subsection 7(6C).
refugee has the same meaning as in subsection 7(6B).
56  Section 1069 (Family Payment Rate Calculator, Module B, after point 1069-B8)
Insert:
Standard family payment rate—person subject to newly arrived resident’s waiting period
	1069-B9	The standard family payment rate of a person is the minimum standard family payment rate if:
	(a)	the person is subject to a newly arrived resident’s waiting period; and
	(b)	that period has not ended.
Note:	For newly arrived resident’s waiting period see Module K.
57  Section 1069 (Family Payment Rate Calculator, Module D, after point 1069-D2)
Insert:
Newly arrived resident’s waiting period
	1069-D2A	An amount is not to be added to a person’s standard family payment rate if the person is subject to a newly arrived resident’s waiting period and that period has not ended.
Note:	For newly arrived resident’s waiting period see Module K.
58  Section 1069 (Family Payment Rate Calculator, Module E, before paragraph (a) of point 1069-E2(1))
Insert:
	(aa)	the person is not subject to a newly arrived resident’s waiting period; and
Note:	For newly arrived resident’s waiting period see Module K.
59  Section 1069 (Family Payment Rate Calculator, Module F, at the end of point 1069-F2(2))
Add:
	; or (c)	the person is subject to a newly arrived resident’s waiting period and that period has not ended.
Note:	For newly arrived resident’s waiting period see Module K.
60  Section 1069 (Family Payment Rate Calculator, Module K, at the end of point 1069-K3)
Add:
	1069-K4	Subject to point 1069-K5, a newly arrived resident’s waiting period applies to a person if, on or after the commencement of this point, the person:
	(a)	enters Australia; and
	(b)	becomes the holder of a permanent visa or an approved visa.
Note:	For permanent visa see subsection 7(1).
	1069-K5	Point 1069-K4 does not apply to a person who:
	(a)	has a qualifying residence exemption for family payment; or
	(b)	has already served a newly arrived resident’s waiting period.
	1069-K6	If a person is subject to a newly arrived resident’s waiting period, the period starts on the day on which the person:
	(a)	first entered Australia; or
	(b)	became the holder of a permanent visa or an approved visa;
whichever day last occurs, and ends when the person has been in Australia for a period of, or periods totalling, 104 weeks after that day.
	1069-K7	For the purposes of this Module, an approved visa is a temporary visa declared in writing to be an approved visa for the purposes of the definition of inhabitant of Australia in subsection 23(1).
61  Section 1190 (Indexed and Adjusted Amounts Table, column 4 of item 4AA)
After “[Family Payment Rate Calculator—Module B—the amount stated in the formula in point 1069-B6]”, insert “[Family Payment Rate Calculator—Module B—the amount stated in point 1069-B6A]”.

Part 2—Amendment of the Student and Youth Assistance Act 1973
62  Subsection 101(4)
Repeal the subsection.
63  Subparagraph 101(5)(b)(ii)
After “Australia”, insert “before 1 January 1993”.
64  Subsection 102(1)
Repeal the subsection, substitute:
	(1)	If a person is subject to a newly arrived resident’s waiting period, the period starts on the day on which the person:
	(a)	entered Australia; or
	(b)	was granted a permanent visa;
whichever is the later.
Note:	For permanent visa see subsection 7(1) of the Social Security Act 1991.
65  Subsection 102(3)
Repeal the subsection, substitute:
	(3)	If subsection (2) does not apply, the newly arrived resident’s waiting period ends:
	(a)	if a person:
	(i)	entered Australia; and
	(ii)	was granted a permanent visa;
		before 1 April 1996—26 weeks after whichever event referred to in subparagraphs (i) and (ii) happened last; or
	(b)	if a person:
	(i)	entered Australia; and
	(ii)	was granted a permanent visa;
		on or after 1 April 1996—when the person has been in Australia for a period of, or periods totalling, 104 weeks after whichever event referred to in subparagraphs (i) and (ii) happened last; or
	(c)	if a person:
	(i)	entered Australia before 1 April 1996; and
	(ii)	was granted a permanent visa on or after 1 April 1996;
		when the person has been in Australia for a period of, or periods totalling, 104 weeks after the day on which the person was granted the permanent visa; or
	(d)	if a person:
	(i)	was granted a permanent visa before 1 April 1996; and
	(ii)	entered Australia on or after 1 April 1996;
		when the person has been in Australia for a period of, or periods totalling, 104 weeks after the day on which the person entered Australia.

Part 3—Amendment of the Health Insurance Act 1973
66  Subsection 5B(2)
After “subsection (5)”, insert “and (5A)”.
67  After subsection 5B(5)
Insert:
	(5A)	The Secretary to the Department of Social Security must not make a declaration under subsection 5B(2) in relation to a person who is subject to a newly arrived disadvantaged low income resident’s waiting period under section 5BA.
68  After section 5B
Insert:
5BA  Newly arrived disadvantaged low income resident’s waiting period
	(1)	Subject to subsection (2), a person who enters Australia, on or after the commencement of this subsection, is subject to a newly arrived disadvantaged low income resident’s waiting period.
	(2)	Subsection (1) does not apply to a person who:
	(a)	has a qualifying disadvantaged low income residence exemption; or
	(b)	has already served a newly arrived disadvantaged low income resident’s waiting period or a newly arrived resident’s waiting period; or
	(c)	has been an Australian resident for a period of, or periods totalling, 104 weeks.
	(3)	If a person is subject to a newly arrived disadvantaged low income resident’s waiting period, the period starts on the day on which the person:
	(a)	first entered Australia; or
	(b)	becomes an Australian resident;
whichever day last occurs, and ends when the person has been in Australia for a period of, or periods totalling, 104 weeks after that day.
	(4)	For the purposes of subsection (2), a person has a qualifying disadvantaged low income residence exemption if, and only if, the person:
	(a)	resides in Australia; or
	(b)	is:
	(i)	a refugee; or
	(ii)	a former refugee; or
	(iii)	a family member of the refugee, or former refugee, at the time the refugee or former refugee arrived in Australia; or
	(iv)	an exempt resident; or
	(v)	a former exempt resident; or
	(vi)	a family member of the exempt resident, or former exempt resident, at the time the exempt resident or former exempt resident arrived in Australia.
	(5)	Expressions used in this section have the same meanings as in the Social Security Act 1991.

Schedule 2—Amendment of the Social Security Act 1991 and the Student and Youth Assistance Act 1973 to allow additional information to be sought
Part 1—Amendment of the Social Security Act 1991
1  At the end of subsection 1307(2)
Add:
	; (k)	in relation to any employment of the person by the person given the notice:
	(i)	the date on which the person’s employment started; and
	(ii)	the date on which the person’s employment ended.

Part 2—Amendment of the Student and Youth Assistance Act 1973
2  At the end of subsection 346(2)
Add:
	; (j)	in relation to any employment of the person by the person given the notice:
	(i)	the date on which the person’s employment started; and
	(ii)	the date on which the person’s employment ended.

Schedule 3—Amendment of the
Data-matching Program (Assistance and Tax) Act 1990
1  Section 7 (paragraph 7 of step 3)
After “tax data”, insert “from not more than the 2 financial years immediately before the current financial year”.
2  Section 7 (paragraph 7 of step 3)
Omit “and current”.

Schedule 4—Amendment of the Social Security and Veterans’ Affairs Legislation Amendment Act 1995
1  Schedule 5 (item 26)
Omit “(a)”, substitute “(c)”.
2  Schedule 5 (item 240)
Repeal the item.

Schedule 5—Other amendments of the Social Security Act 1991
1  Subsection 23(1) (note 2 to the definition of inhabitant of Australia)
Omit “subsection (12)”, substitute “subsection (13)”.
2  Subsection 409(1) (note 2)
Omit “section 7A”, substitute “subsection 23(1)”.
3  Subsection 409(2) (note)
Omit “section 7A”, substitute “subsection 23(1)”.
4  Subsection 729(2) (note 3)
Repeal the note.
5  Subsection 729(7)
Repeal the subsection.
6  Paragraph 921(3)(a)
Omit “this section commenced”, substitute “1 September 1994”.
7 Subparagraph 921(3)(b)(i)
Omit “this section commenced”, substitute “1 September 1994”.
8  Paragraph 922(2)(a)
Omit “this section commenced”, substitute “1 September 1994”.