Document ID: chunk:federal_register_of_legislation:C2004A00785:clause:1_3:p1
Version: federal_register_of_legislation:C2004A00785
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 1/2)
Character Range: 2495–5049

3  After subsection 7(2)
Insert:

 (2A) A person is a protected SCV holder if:
 (a) the person was in Australia on 26 February 2001, and was a special category visa holder on that day; or
 (b) the person had been in Australia for a period of, or for periods totalling, 12 months during the period of 2 years immediately before 26 February 2001, and returned to Australia after that day.

 (2B) A person is a protected SCV holder if the person:
 (a) was residing in Australia on 26 February 2001; and
 (b) was temporarily absent from Australia on 26 February 2001; and
 (c) was a special category visa holder immediately before the beginning of the temporary absence; and
 (d) was receiving a social security payment on 26 February 2001; and
 (e) returned to Australia before the later of the following:
 (i) the end of the period of 26 weeks beginning on 26 February 2001;
 (ii) if the Secretary extended the person's portability period for the payment under section 1218C—the end of the extended period.

 (2C) A person who commenced, or recommenced, residing in Australia during the period of 3 months beginning on 26 February 2001 is a protected SCV holder at a particular time if:
 (a) the time is during the period of 3 years beginning on 26 February 2001; or
 (b) the time is after the end of that period, and either:
 (i) a determination under subsection (2E) is in force in respect of the person; or
 (ii) the person claimed a payment under the social security law during that period, and the claim was granted on the basis that the person was a protected SCV holder.

 (2D) A person who, on 26 February 2001:
 (a) was residing in Australia; and
 (b) was temporarily absent from Australia; and
 (c) was not receiving a social security payment;
is a protected SCV holder at a particular time if:
 (d) the time is during the period of 12 months beginning on 26 February 2001; or
 (e) the time is after the end of that period, and either:
 (i) at that time, a determination under subsection (2E) is in force in respect of the person; or
 (ii) the person claimed a payment under the social security law during that period, and the claim was granted on the basis that the person was a protected SCV holder.

 (2E) A person who is residing in Australia and is in Australia may apply to the Secretary for a determination under this subsection stating that:
 (a) the person was residing in Australia on 26 February 2001, but was temporarily absent from Australia on that day; or
 (b) the person commenced, or recommenced, residing in Australia during the