Section 1061ZN — Social Security Act 1991: Residence requirement

(1) Sections 1061ZK, 1061ZM and 1061ZMA only have effect in relation to a person on a day on which: (a) the person is in Australia and is: (i) an Australian resident or a special category visa holder residing in Australia; or (ii) the holder of a visa included in a class of visas determined by the Minister for the purposes of this paragraph; or (iii) a person declared by the Minister to be a person to whom this subparagraph applies; or (b) the person: (i) is in Australia; and (ii) is receiving a social security pension or benefit solely because of the operation of the scheduled international agreement between Australia and New Zealand. Note: If the person is temporarily absent from Australia, the person continues to be qualified for a health care card for a maximum period of up to 6 weeks (see Division 4). (2) The Minister may, by legislative instrument, declare that a person who: (a) is included in a specified class of persons; and (b) is, or has been, in Australia in specified circumstances; is a person to whom subparagraph (1)(a)(iii) applies. (3) The circumstances that may be specified in a declaration under subsection (2) include circumstances that existed or exist at any time before or after the making of the declaration.