Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000-2001
The
Parliament of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Family and
Community Services Legislation Amendment (New Zealand Citizens) Bill
2001
No. ,
2001
(Family and Community
Services)
A Bill for an Act to amend the
social security law and certain other laws in relation to residence
requirements, and for related purposes
ISBN: 0642
466165
Contents
Part 1—Amendments commencing on Royal
Assent 3
Part 2—Other
amendments 9
Part 1—A New Tax System (Family Assistance) Act
1999 11
Part 2—Health Insurance Act
1973 13
Part 3—Social Security (Administration) Act
1999 14
A Bill for an Act to amend the social security law and
certain other laws in relation to residence requirements, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Family and Community Services Legislation
Amendment (New Zealand Citizens) Act 2001.
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(2) If this section commences before, or at the same time as, the
commencement of the Social Security Legislation Amendment (Concession Cards)
Act 2001, Part 2 of Schedule 1 and item 18 of Schedule 2
commence immediately after the commencement of that Act.
(3) If this section commences at the same time as, or after, the
commencement of the Social Security Legislation Amendment (Concession Cards)
Act 2001, items 14, 15, 16, 17 and 18 of Schedule 1 and
Part 2 of Schedule 2 do not commence.
Subject to section 2, 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this Act is amended or repealed as set out in the applicable items in the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.
Part 1—Amendments
commencing on Royal Assent
1 Subsection 7(1)
Insert:
protected SCV holder has the meaning given by
subsections (2A), (2B), (2C) and (2D).
2 Subparagraph 7(2)(b)(iii)
Repeal the subparagraph, substitute:
(iii) a special category visa holder who is a protected SCV
holder.
3 After subsection 7(2)
Insert:
(2A) A person is a protected SCV holder if:
(a) the person was in Australia on 26 February 2001, and was a
special category visa holder on that day; or
(b) the person had been in Australia for a period of, or for periods
totalling, 12 months during the period of 2 years immediately before
26 February 2001, and returned to Australia after that day.
(2B) A person is a protected SCV holder if the
person:
(a) was residing in Australia on 26 February 2001; and
(b) was temporarily absent from Australia on 26 February 2001;
and
(c) was a special category visa holder immediately before the beginning of
the temporary absence; and
(d) was receiving a social security payment on 26 February 2001;
and
(e) returned to Australia before the later of the following:
(i) the end of the period of 26 weeks beginning on 26 February
2001;
(ii) if the Secretary extended the person’s portability period for
the payment under section 1218C—the end of the extended
period.
(2C) A person who commenced, or recommenced, residing in Australia during
the period of 3 months beginning on 26 February 2001 is a protected
SCV holder at a particular time if:
(a) the time is during the period of 3 years beginning on 26 February
2001; or
(b) the time is after the end of that period, and
either:
(i) a determination under subsection (2E) is in force in respect of
the person; or
(ii) the person claimed a payment under the social security law during
that period, and the claim was granted on the basis that the person was a
protected SCV holder.
(2D) A person who, on 26 February 2001:
(a) was residing in Australia; and
(b) was temporarily absent from Australia; and
(c) was not receiving a social security payment;
is a protected SCV holder at a particular time if:
(d) the time is during the period of 12 months beginning on
26 February 2001; or
(e) the time is after the end of that period, and either:
(i) at that time, a determination under subsection (2E) is in force
in respect of the person; or
(ii) the person claimed a payment under the social security law during
that period, and the claim was granted on the basis that the person was a
protected SCV holder.
(2E) A person who is residing in Australia and is in Australia may apply
to the Secretary for a determination under this subsection stating
that:
(a) the person was residing in Australia on 26 February 2001, but was
temporarily absent from Australia on that day; or
(b) the person commenced, or recommenced, residing in Australia during the
period of 3 months beginning on 26 February 2001.
(2F) If a person makes an application under subsection (2E), the
Secretary must make the determination if:
(a) the Secretary is satisfied that paragraph (2E)(a) or (2E)(b)
applies to the person; and
(b) the application was made within whichever of the following periods is
applicable:
(i) if paragraph (2E)(a) applies to the person—the period of 12
months beginning on 26 February 2001;
(ii) if paragraph (2E)(b) applies to the person—the period of 3
years beginning on 26 February 2001.
The Secretary must give a copy of the determination to the
person.
(2G) The Secretary must make a determination under this subsection in
respect of a person if the person is a protected SCV holder because of
subsection (2B). If the Secretary is required to make such a
determination:
(a) the determination must state that the person was residing in Australia
on 26 February 2001, but was temporarily absent from Australia on that day;
and
(b) the determination must be made within the period of 6 months of the
person’s return to Australia; and
(c) a copy of the determination must be given to the person.
4 At the end of
section 7
Add:
(7) For the purposes of paragraph 540(d), subparagraph 593(1)(g)(ii) and
paragraph 666(1)(g), a person is exempt from the residence
requirement in respect of a period if:
(a) throughout the period, the person was the holder of a special category
visa; and
(b) immediately before the period commenced, the person had been residing
in Australia for a continuous period of at least 10 years, being a period
commencing on or after 26 February 2001;
unless the person’s exemption from the residence requirement in
respect of the period would result in the person:
(c) receiving newstart allowance, sickness allowance or youth allowance
for a continuous period of more than 6 months because of this subsection;
or
(d) receiving newstart allowance, sickness allowance or youth allowance
for more than one non-continuous period because of this subsection; or
(e) receiving more than one of those allowances because of this
subsection.
5 Paragraph 540(d)
Repeal the paragraph, substitute:
(d) throughout the period, the person:
(i) is an Australian resident; or
(ii) is exempt from the residence requirement within the meaning of
subsection 7(7).
6 Subparagraph
593(1)(g)(ii)
After “resident”, insert “or is exempt from the residence
requirement within the meaning of subsection 7(7)”.
7 Paragraph 623A(6)(b)
Omit “the day this subsection commences”, substitute
“1 February 2000”.
8 Paragraph 660YCFA(5)(b)
Omit “the day this subsection commences”, substitute
“1 February 2000”.
9 Paragraph 666(1)(g)
Repeal the paragraph, substitute:
(g) throughout the period, the person:
(i) is an Australian resident; or
(ii) is exempt from the residence requirement within the meaning of
subsection 7(7).
10 Paragraph 696B(6)(b)
Omit “the day this subsection commences”, substitute
“1 February 2000”.
11 Paragraph 771HNA(5)(b)
Omit “the day this subsection commences”, substitute
“1 February 2000”.
12 Subparagraph
999(1)(d)(i)
After “resident”, insert “or a special category visa
holder residing in Australia”.
13 Paragraph 1039AA(5)(b)
Omit “the day this subsection commences”, substitute
“1 February 2000”.
14 Paragraph 1061ZA(1)(b)
After “resident”, insert “or a special category visa
holder residing in Australia”.
15 Paragraph 1061ZA(2)(b)
Repeal the paragraph, substitute:
(b) has not been both:
(i) an Australian resident or a special category visa holder residing in
Australia; and
(ii) in Australia;
for a period of, or for periods totalling, 104 weeks;
16 Paragraph 1061ZA(7)(b)
Omit “the day this subsection commences”, substitute
“1 February 2000”.
17 Paragraph 1061ZAA(a)
After “resident”, insert “or a special category visa
holder residing in Australia”.
18 Paragraph 1061ZAA(b)
Repeal the paragraph, substitute:
(b) ends when the person has been both:
(i) an Australian resident or a special category visa holder residing in
Australia; and
(ii) in Australia;
for a period of, or for periods totalling, 104 weeks.
19 Schedule 1A
Insert in the appropriate numerical position:
For the purposes of determining whether a person was an Australian
resident at a time, or throughout a period, occurring before the commencement of
item 2 of Schedule 1 to the Family and Community Services
Legislation Amendment (New Zealand Citizens) Act 2001:
(a) the definition of Australian resident at that time, or
throughout that period, applies; and
(b) that definition, as amended by the Family and Community Services
Legislation Amendment (New Zealand Citizens) Act 2001, does not
apply.
20 Paragraph 1061ZG(1)(b)
After “resident”, insert “or a special category visa
holder residing in Australia”.
21 Paragraph 1061ZH(1)(b)
Repeal the paragraph, substitute:
(b) has not been both:
(i) an Australian resident or a special category visa holder residing in
Australia; and
(ii) in Australia;
for a period of, or for periods totalling, 104 weeks;
22 Paragraph 1061ZI(a)
After “resident”, insert “or a special category visa
holder residing in Australia”.
23 Paragraph 1061ZI(b)
Repeal the paragraph, substitute:
(b) ends when the person has been both:
(i) an Australian resident or a special category visa holder residing in
Australia; and
(ii) in Australia;
for a period of, or for periods totalling, 104 weeks.
24 Subparagraph
1061ZN(1)(a)(i)
After “resident”, insert “or a special category visa
holder residing in Australia”.
25 Subparagraph
1061ZO(2)(a)(i)
After “resident”, insert “or a special category visa
holder residing in Australia”.
26 Subparagraph
1061ZO(2)(a)(ii)
After “resident”, insert “or with a special category visa
holder residing in Australia”.
27 Subparagraph
1061ZO(2)(b)(i)
After “resident”, insert “or a special category visa
holder residing in Australia”.
28 Paragraph 1061ZO(3)(a)
After “resident”, insert “or a special category visa
holder residing in Australia”.
29 Paragraph 1061ZO(4)(a)
After “resident”, insert “or a special category visa
holder residing in Australia”.
30 Paragraph 1061ZO(5)(b)
After “resident”, insert “or with a special category visa
holder residing in Australia”.
31 Paragraph 1061ZQ(2)(c)
After “resident”, insert “, or a special category visa
holder residing in Australia,”.
32 Paragraph 1061ZR(a)
After “resident”, insert “or a special category visa
holder residing in Australia”.
33 Paragraph 1061ZR(b)
Repeal the paragraph, substitute:
(b) ends when the person has been both:
(i) an Australian resident or a special category visa holder residing in
Australia; and
(ii) in Australia;
for a period of, or for periods totalling, 104 weeks.
Part 1—A
New Tax System (Family Assistance) Act 1999
1 Subsection 3(1)
Insert:
holder, in relation to a visa, has the same meaning as in the
Migration Act 1958.
2 Subsection 3(1)
Insert:
resides in Australia has the same meaning as in the Social
Security Act 1991.
3 Subsection 3(1)
Insert:
special category visa has the same meaning as in the
Migration Act 1958.
4 After subparagraph
21(1)(b)(i)
Insert:
(ia) is a special category visa holder residing in Australia; or
5 Paragraph 22(2)(d)
After “resident”, insert “, is a special category visa
holder residing in Australia”.
6 Paragraph 22(3)(e)
After “resident”, insert “, is a special category visa
holder residing in Australia”.
7 Paragraph 22(4)(d)
After “resident”, insert “, is a special category visa
holder residing in Australia”.
8 Paragraph 22(5)(c)
After “resident”, insert “, is a special category visa
holder residing in Australia”.
9 Paragraph 22(6)(c)
After “resident”, insert “, is a special category visa
holder residing in Australia”.
10 After subparagraph
42(1)(b)(i)
Insert:
(ia) is a special category visa holder residing in Australia; or
11 After subparagraph
44(1)(d)(i)
Insert:
(ia) is a special category visa holder residing in Australia; or
12 After subparagraph
45(1)(f)(i)
Insert:
(ia) is a special category visa holder residing in Australia;
or
Part 2—Health
Insurance Act 1973
13 Paragraph 5BA(2)(c)
Repeal the paragraph, substitute:
(c) has been both:
(i) an Australian resident or a special category visa holder residing in
Australia; and
(ii) in Australia;
for a period of, or for periods totalling, 104 weeks; or
14 Paragraph 5BA(3)(a)
After “resident”, insert “ or a special category visa
holder residing in Australia”.
15 Paragraph 5BA(3)(b)
Repeal the paragraph, substitute:
(b) ends when the person has been both:
(i) an Australian resident or a special category visa holder residing in
Australia; and
(ii) in Australia;
for a period of, or for periods totalling, 104 weeks.
Part 3—Social
Security (Administration) Act 1999
16 Subsections 29(1) and
(2)
After “31”, insert “, 31A”.
17 After section 31
Insert:
Despite paragraph 29(1)(a), a person who is not an Australian resident
may make a claim for a social security payment or a concession card
if:
(a) the person is a special category visa holder residing in Australia;
and
(b) in order to qualify for the payment or concession card concerned, the
person is not required to be an Australian resident if the person is a special
category visa holder residing in Australia.
18 After subparagraph
240B(4)(a)(i)
Insert:
(ia) is a special category visa holder residing in Australia; or