Document ID: chunk:federal_register_of_legislation:C2017C00034:clause:1_660ycfa
Version: federal_register_of_legislation:C2017C00034
Segment Type: clause
Provision Reference: sch 1 cl 660YCFA
Character Range: 17018–18680

660YCFA  Newly arrived resident's waiting period
 (1) Subject to this section, a person who:
 (a) has entered Australia on or after 1 January 1993; and
 (b) holds a permanent visa;
is subject to a newly arrived resident's waiting period.
Note: For holder and permanent visa see subsection 7(1).
 (2) Subsection (1) does not apply to a person who has a qualifying residence exemption for a mature age allowance.
Note: For qualifying residence exemption see subsections 7(6) and 7(6AA).
 (3) Subsection (1) does not apply to a person:
 (a) if, immediately before 1 September 1994, the person had held a valid designated temporary entry permit for a continuous period of at least 26 weeks; or
 (b) if:
 (i) immediately before 1 September 1994, the person had held a valid designated temporary entry permit for a continuous period (permit period) of less than 26 weeks; and
 (ii) that permit was continued in force as a temporary visa by regulations made under the Migration Reform Act 1992; and
 (iii) the period during which that permit continued to be in force as a temporary visa  together with the permit period is at least 26 weeks.
Note: For designated temporary entry permit see subsection 7(1).
 (4) Subsection (1) does not apply to a person if:
 (a) the person is already subject to a newly arrived resident's waiting period; or
 (b) the person has already served a newly arrived resident's waiting period; or
 (c) the person:
 (i) has previously entered Australia before 1 January 1993; and
 (ii) held a permanent entry permit granted under the Migration Act 1958 as then in force, or a permanent visa, before the person's last departure from Australia.