Document ID: chunk:federal_register_of_legislation:C2004C01176:clause:1_240b
Version: federal_register_of_legislation:C2004C01176
Segment Type: clause
Provision Reference: sch 1 cl 240B
Character Range: 40188–42085

240B  Restrictions on listing of dependants

 (1) A seniors health card is not to include the name of any person as a dependant of the holder of the card.

 (2) A health care card issued to a person by virtue of subsection 1061ZK(7) of the 1991 Act is not to include the name of any person as a dependant of the holder of the card.

 (3) A health care card is not to include the name of a person (other than the partner of the holder of the card) as a dependant of the holder of the card if the person is the holder of a pensioner concession card or a health care card.

 (4) A pensioner concession card or a health care card is not to include the name of the partner of the holder of the card as a dependant of the holder of the card unless:
 (a) the partner is in Australia and is:
 (i) an Australian resident; or
 (ii) the holder of a visa included in a class of visas determined by the Minister for the purposes of this paragraph; or
 (iii) a person declared by the Minister to be a person to whom this subparagraph applies; or
 (b) the partner is a New Zealand citizen and the holder of the card:
 (i) is in Australia; and
 (ii) is receiving a social security pension or benefit solely because of the operation of the scheduled international agreement between Australia and New Zealand.

 (5) The Minister may declare that a person who:
 (a) is included in a specified class of persons; and
 (b) is, or has been, in Australia in specified circumstances;
is a person to whom subparagraph (4)(a)(iii) applies.

 (6) The circumstances that may be specified in a declaration under subsection (5) include circumstances that existed or exist at any time before or after the making of the declaration.

 (7) A declaration under subsection (5):
 (a) must be in writing; and
 (b) is a disallowable instrument.

 (8) In this section:

dependant has the same meaning as in Part 2A.1 of the 1991 Act.