Section 739A — Social Security Act 1991: 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 (e) becomes the holder of a visa that is in a class of visas determined by the Minister, by legislative instrument, for the purposes of this paragraph; 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 visa that is in a class of visas determined by the Minister for the purposes of this subsection, 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 visa that is in a class of visas determined by the Minister, by legislative instrument, for the purposes of this paragraph; 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, 208 weeks after that day. (4) 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 was the holder of a visa that is in a class of visas determined by the Minister, by legislative instrument, for the purposes of this paragraph; 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, 208 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, 208 weeks after that day. (6) Neither subsection (1) nor (2) applies to a person if the person holds, or was the former holder of, a visa in a class of visas determined by the Minister, by legislative instrument, for the purposes of this subsection. (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 after the person first entered Australia. Note: For permanent visa see subsection 7(1). (8) Neither subsection (1) nor (2) applies to a person if: (a) the person is a refugee, or a former refugee, at the time the person made the claim for a special benefit; or (b) the following apply: (i) before the person made the claim for a special benefit, the person was a family member of another person at the time the other person became a refugee; (ii) the person is a family member of that other person at the time the person made the claim for a special benefit or, if that other person has died, the person was a family member of that other person immediately before that other person died; or (c) the person is an Australian citizen at the time the person made the claim for a special benefit. (9) For the purposes of subsection (8): (a) family member has the meaning given by subsection 7(6D); and (b) former refugee has the meaning given by subsection 7(1); and (c) refugee has the meaning given by subsection 7(6B).