Document ID: chunk:federal_register_of_legislation:C2018A00168:clause:3_61aa:p2
Version: federal_register_of_legislation:C2018A00168
Segment Type: clause
Provision Reference: sch 3 cl 61AA (pt 2/3)
Character Range: 18889–21435

the individual has been in Australia for a period of, or periods totalling, 52 weeks after that day.
 (5) If:
 (a) an individual is subject to a newly arrived resident's waiting period; and
 (b) neither subsection (3) nor (4) applies to the individual;
the waiting period starts on the day on which the individual:
 (c) first entered Australia; or
 (d) becomes the holder of a permanent visa;
whichever occurs last, and ends when the individual has been in Australia for a period of, or periods totalling, 52 weeks after that day.

Exemptions
 (6) Subsection (1) does not apply to an individual in respect of a day in the newly arrived resident's waiting period for the individual if on that day the individual holds, or is the former holder of, a visa in a class of visas determined by the Minister for the purposes of subsection 739A(6) of the Social Security Act 1991.
 (7) Subsection (1) does not apply to an individual in respect of a day in the newly arrived resident's waiting period for the individual if on that day:
 (a) the individual is receiving a social security pension or a social security benefit; or
 (b) the individual is receiving farm household allowance under the Farm Household Support Act 2014; or
 (c) parental leave pay, or dad and partner pay, under the Paid Parental Leave Act 2010 is payable to the individual.
 (8) Subsection (1) does not apply to an individual in respect of a day (the assessment day) in the newly arrived resident's waiting period for the individual if:
 (a) on the assessment day the individual is a refugee or a former refugee; or
 (b) the following apply:
 (i) the individual was a family member of another individual at the time the other individual became a refugee before the assessment day;
 (ii) the individual is a family member of that other individual on the assessment day or, if that other individual has died, the individual was a family member of that other individual immediately before that other individual died; or
 (c) the individual is an Australian citizen on the assessment day; or
 (d) the individual is residing in Australia on the assessment day and has held a special category visa on any day before the assessment day.
 (9) For the purposes of subsection (8):
 (a) family member has the meaning given by subsection 7(6D) of the Social Security Act 1991; and
 (b) former refugee has the meaning given by subsection 7(1) of the Social Security Act 1991; and
 (c) refugee has the meaning given by subsection 7(6B) of the Social Security Act 1991.

Social Security Act 1991