Document ID: chunk:federal_register_of_legislation:C2021C00522:clause:10_43
Version: federal_register_of_legislation:C2021C00522
Segment Type: clause
Provision Reference: sch 10 cl 43
Character Range: 77672–78670

43  Subsection 739A(8)
Repeal the subsection, substitute:
 (8) Neither subsection (1) nor (2) applies to a person if:
 (a) the person is a refugee, or a former refugee, at the time the person made the claim for a special benefit; or
 (b) the following apply:
 (i) before the person made the claim for a special benefit, the person was a family member of another person at the time the other person became a refugee;
 (ii) the person is a family member of that other person at the time the person made the claim for a special benefit or, if that other person has died, the person was a family member of that other person immediately before that other person died; or
 (c) the person is an Australian citizen at the time the person made the claim for a special benefit.
 (9) For the purposes of subsection (8):
 (a) family member has the meaning given by subsection 7(6D); and
 (b) former refugee has the meaning given by subsection 7(1); and
 (c) refugee has the meaning given by subsection 7(6B).