Commonwealth Consolidated Acts

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SOCIAL SECURITY ACT 1991 - SECT 623B

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 the person first became an Australian resident.

             (2)  If:

                     (a)  immediately before this section commenced, 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 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.



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