Document ID: chunk:federal_register_of_legislation:C2025C00162:section:8a
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 8A
Character Range: 75826–77816

8A                                                                                         Sri Lankan (Special Assistance) (Class BF)                                        1129A
9.                                                                                         Sudanese (Special Assistance) (Class BD)                                          1130
10.                                                                                        Territorial Asylum (Residence) (Class BE)                                         1131

 (6D) For the purposes of subsection (6AA):
family member, in relation to a person, means:
 (a) a partner of the person; or
 (b) a dependent child of the person; or
 (c) another person who, in the opinion of the Secretary, should be treated for the purposes of this definition as a person described in paragraph (a) or (b).
 (6E) The Minister may, by legislative instrument:
 (a) set guidelines for the exercise of the Secretary's power under paragraph (6D)(c); and
 (b) revoke or vary those guidelines.
 (7) For the purposes of subparagraphs 540(1)(d)(ii), 540BA(f)(ii) and 593(1)(g)(ii), (1D)(b)(ii) and (5)(e)(ii) and paragraph 666(1)(g), a person is exempt from the residence requirement in respect of a period if:
 (a) throughout the period, the person was the holder of a special category visa; and
 (b) immediately before the period commenced, the person had been residing in Australia for a continuous period of at least 10 years, being a period commencing on or after 26 February 2001;
unless the person's exemption from the residence requirement in respect of the period would result in the person:
 (c) receiving jobseeker payment or youth allowance for a continuous period of more than 6 months because of this subsection; or
 (d) receiving jobseeker payment or youth allowance for more than one non‑continuous period because of this subsection; or
 (e) receiving more than one of that payment and that allowance because of this subsection.