Document ID: chunk:federal_register_of_legislation:C2017C00034:clause:1_739a:p1
Version: federal_register_of_legislation:C2017C00034
Segment Type: clause
Provision Reference: sch 1 cl 739A (pt 1/2)
Character Range: 22941–25580

739A  Newly arrived resident's waiting period
 (1) Subject to this section, a person who, on or after the commencement of this subsection:
 (a) enters Australia; or
 (b) becomes the holder of a permanent visa; or
 (c) becomes the holder of a subclass 820 visa—Extended eligibility (spouse); or
 (d) becomes the holder of a subclass 826 visa—Interdependency; or
 (e) becomes the holder of a visa that is in a class of visas determined by the Minister for the purposes of this paragraph;
is subject to a newly arrived resident's waiting period.
 (2) Subject to this section, if, immediately before the commencement of this subsection, a person was the holder of:
 (a) a subclass 820 visa—Extended eligibility (spouse); or
 (b) a subclass 826 visa—Interdependency; or
 (c) a visa that is in a class of visas determined by the Minister for the purposes of this paragraph;
the person is subject to a newly arrived resident's waiting period.
 (3) If:
 (a) a person is subject to a newly arrived resident's waiting period; and
 (b) before, on or after the commencement of this subsection, the person applies for:
 (i) a subclass 820 visa—Extended eligibility (spouse); or
 (ii) a subclass 826 visa—Interdependency; or
 (iii) a visa that is in a class of visas determined by the Minister for the purposes of this subparagraph;
the waiting period:
 (c) starts on the day on which the person applied for that visa; and
 (d) ends when the person has been in Australia for a period of, or periods totalling, 104 weeks after that day.
 (4) If:
 (a) a person is subject to a newly arrived resident's waiting period; and
 (b) immediately before the commencement of this subsection, the person was the holder of:
 (i) a subclass 820 visa—Extended eligibility (spouse); or
 (ii) a subclass 826 visa—Interdependency; or
 (iii) a visa that is in a class of visas determined by the Minister for the purposes of this subparagraph;
the period:
 (c)  starts on the day on which the person applied for that visa; and
 (d) ends when the person has been in Australia for a period of, or periods totalling, 104  weeks after that day.
 (5) If:
 (a) a person is subject to a newly arrived resident's waiting period; and
 (b) neither subsection (3) nor (4) apply to the person;
the waiting period starts on the day on which the person:
 (c) first entered Australia; or
 (d) becomes the holder of a permanent visa;
whichever occurs last, and ends on the day after the person has been in Australia for a period of, or periods totalling, 104 weeks after that day.
 (6) Neither subsection (1) nor (2) apply to a person if:
 (a) a person has a qualifying residence exemption