Document ID: chunk:federal_register_of_legislation:C2024C00583:section:61aa:p2
Version: federal_register_of_legislation:C2024C00583
Segment Type: section
Provision Reference: s 61AA (pt 2/3)
Character Range: 187111–189699

(b); and
 (b) the individual has previously held one or more visas in a class of visas determined by the Minister for the purposes of paragraph 739A(4)(b) of the Social Security Act 1991;
the waiting period:
 (c) starts on the day on which the individual applied for the last of those visas; and
 (d) ends when the individual has been in Australia for a period of, or periods totalling, 52 weeks after that day.
 (4A) If:
 (a) an individual is subject to a newly arrived resident's waiting period because of paragraph (2)(a) or (b); and
 (b) the individual has previously held one or more visas covered by paragraph 21(1B)(a) that are also of a kind determined under subsection (5B) of this section;
the waiting period:
 (c) starts on the day on which the individual became the holder of the first of those visas; and
 (d) ends when the individual has been in Australia for a period of, or periods totalling, 52 weeks after that day.
 (5) If:
 (a) an individual is subject to a newly arrived resident's waiting period because of paragraph (2)(a) or (b); and
 (b) subsections (3), (4) and (4A) do not apply to the individual;
the waiting period starts on the day on which the individual:
 (c) first entered Australia; or
 (d) becomes the holder of a permanent visa;
whichever occurs last, and ends when the individual has been in Australia for a period of, or periods totalling, 52 weeks after that day.
 (5A) If an individual is subject to a newly arrived resident's waiting period because of paragraph (2)(c), the waiting period:
 (a) starts on the day on which the individual first became the holder of a visa covered by paragraph 21(1B)(a) that is also of a kind determined under subsection (5B) of this section; and
 (b) ends when the individual has been in Australia for a period of, or periods totalling, 52 weeks after that day.
 (5B) The Minister may, by legislative instrument, determine kinds of visas for the purposes of paragraphs (4A)(b) and (5A)(a).

Exemptions
 (6) Subsection (1) does not apply to an individual in respect of a day in the newly arrived resident's waiting period for the individual if on that day the individual holds, or is the former holder of, a visa in a class of visas determined by the Minister for the purposes of subsection 739A(6) of the Social Security Act 1991.
 (7) Subsection (1) does not apply to an individual in respect of a day in the newly arrived resident's waiting period for the individual if on that day:
 (a) the individual is receiving a social security pension or a social security benefit; or
 (b) the individual is receiving farm