Document ID: chunk:federal_register_of_legislation:C2025C00162:section:11a:p5
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 11A (pt 5/6)
Character Range: 211416–214016

For in a care situation, see subsection 13(9); for in residential care see subsection 23(4CA).
 (9A) For the purposes of paragraph (9)(a), the Secretary may determine, in writing, a period of up to 24 months if:
 (a) a person's principal home is lost or damaged (including, for example, by a natural disaster); and
 (b) the loss or damage was not wilfully caused by the person; and
 (c) the person is making reasonable attempts, as a result of the loss or damage, to:
 (i) rebuild or repair the principal home; or
 (ii) sell the principal home in order to purchase or build another residence that is to be the person's principal home; or
 (iii) purchase or build another residence that is to be the person's principal home; and
 (d) the person has made those attempts within a reasonable period after the loss or damage; and
 (e) the person has experienced delays beyond his or her control in:
 (i) rebuilding, repairing or selling the principal home; or
 (ii) purchasing or building the other residence.
 (9B) For the purposes of paragraph (9)(a), the Secretary may, in relation to a person and a residence of the person, determine, in writing, a longer period if:
 (a) the Secretary is satisfied that the person is temporarily absent from that residence because the person is absent from Australia; and
 (b) the Secretary is satisfied that the person's absence from Australia is temporary; and
 (c) the Secretary is satisfied that the person is unable to return to Australia before the end of the following period because of circumstances beyond the person's control:
 (i) the 12 months mentioned in paragraph (9)(a), unless subparagraph (ii) of this paragraph applies;
 (ii) if the Secretary has determined a period under subsection (9A) in relation to the person and that residence—that period.

Reasonable security of tenure
 (10) If a person has a right or interest in the person's principal home, the person is to be taken to have a right or interest that gives the person reasonable security of tenure in the home unless the Secretary is satisfied that the right or interest does not give the person reasonable security of tenure in the home.

Definition of title document
 (11) In this section:
title document, in relation to land, means:
 (a) in relation to land title which is registered under a Torrens system of registration—the certificate of title for the land; or
 (b) in any other case—the last instrument by which title to the land was conveyed.

Application of the Legislation Act 2003
 (12) A determination under subsection (2) or paragraph (6)(b) is not a legislative instrument.