Document ID: chunk:federal_register_of_legislation:C2004C01176:clause:1_1061zh
Version: federal_register_of_legislation:C2004C01176
Segment Type: clause
Provision Reference: sch 1 cl 1061ZH
Character Range: 14247–15523

1061ZH  Newly arrived resident's waiting period

 (1) Subject to subsections (2), (3) and (4), for the purposes of this Division, a person who:
 (a) has entered Australia on or after 1 February 2000; and
 (b) has not been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks;
is subject to a newly arrived resident's waiting period.

 (2) Subsection (1) does not apply to a person who has a qualifying residence exemption for a seniors health card.

 (3) Subsection (1) does not apply to a person who has already served a newly arrived resident's waiting period.

 (4) Subsection (1) does not apply to a person if:
 (a) the person is a New Zealand citizen; and
 (b) the person was an Australian resident on 1 February 2000.

 (5) If, before 1 February 2000, a person had begun to serve a waiting period under subsection 1061ZA(2) of this Act as then in force but had not served the whole of the waiting period:
 (a) the person is subject to a waiting period under this section; and
 (b) this Division applies in relation to the person as if:
 (i) this Division had been in force when the person began to serve the waiting period; and
 (ii) the part of the waiting period served before 1 February 2000 had been served under this section.