Document ID: chunk:federal_register_of_legislation:C2017C00034:clause:1_771hnb
Version: federal_register_of_legislation:C2017C00034
Segment Type: clause
Provision Reference: sch 1 cl 771HNB
Character Range: 28491–30474

771HNB  Duration of newly arrived resident's waiting period
 (1) If a person is subject to a newly arrived resident's waiting period, the period starts on the day on which the person:
 (a) entered Australia; or
 (b) was granted a permanent visa;
whichever last occurs.
 (2) If:
 (a) immediately before 1 September 1994, the person held a valid designated temporary entry permit; and
 (b) that permit was continued in force as a temporary visa by regulations made under the Migration Reform Act 1992; and
 (c) that temporary visa was in force immediately before the person was granted his or her permanent visa;
the newly arrived resident's waiting period ends 26 weeks after the day on which the designated temporary entry permit was granted to the person.
Note: For designated temporary entry permit see subsection 7(1).
 (3) If subsection (2) does not apply, the newly arrived resident's waiting period ends:
 (a) if a person:
 (i) entered Australia; and
 (ii) was granted a permanent visa;
  before 1 April 1996—26 weeks after whichever event referred to in subparagraphs (i) and (ii) happened last; or
 (b) if a person:
 (i) entered Australia; and
 (ii) was granted a permanent visa;
  on or after 1 April 1996—when the person has been in Australia for a period of, or periods totalling, 104 weeks after whichever event referred to in subparagraphs (i) and (ii) last happened; or
 (c) if a person:
 (i) entered Australia before 1 April 1996; and
 (ii) was granted a permanent visa on or after 1 April 1996;
  when the person has been in Australia for a period of, or periods totalling, 104 weeks after the day on which the person was granted the permanent visa; or
 (d) if a person:
 (i) was granted a permanent visa before 1 April 1996; and
 (ii) entered Australia on or after 1 April 1996;
  when the person has been in Australia for a period of, or periods totalling, 104 weeks after the day on which the person entered Australia.

Division 10—Parenting allowance amendments