Document ID: chunk:federal_register_of_legislation:C2024C00582:section:31a:p1
Version: federal_register_of_legislation:C2024C00582
Segment Type: section
Provision Reference: s 31A (pt 1/3)
Character Range: 87146–89738

31A  Newly arrived resident's waiting period

When person subject to newly arrived resident's waiting period
 (1) Subject to this section, a person is subject to a newly arrived resident's waiting period if, on or after the commencement of this subsection, the person:
 (a) becomes the holder of a visa determined by the Minister for the purposes of subparagraph 729(2)(f)(v) of the Social Security Act; or
 (b) becomes the holder of a permanent visa, except:
 (i) a visa referred to in the regulations under the Migration Act 1958 as a Subclass 117 (Orphan Relative) visa or as a Subclass 837 (Orphan Relative) visa; or
 (ii) a visa referred to in the regulations under the Migration Act 1958 as a Subclass 115 (Remaining Relative) visa or as a Subclass 835 (Remaining Relative) visa; or
 (iii) a visa of a kind determined in an instrument under subsection (1A).
 (1A) The Minister may, by legislative instrument, determine a kind of visa for the purposes of subparagraph (1)(b)(iii).
 (1B) Paragraph (1)(b) does not apply in relation to a person if, at any time before the commencement of this subsection, the person held a visa covered by paragraph (1)(a).

Length of waiting period
 (2) If:
 (a) a person is subject to a newly arrived resident's waiting period; and
 (b) the visa covered by paragraph (1)(a) or (b) is in a class of visas determined by the Minister for the purposes of paragraph 739A(3)(b) of the Social Security Act; and
 (c) subsection (3) does not apply;
the waiting period:
 (d) starts on the day on which the person applied for that visa; and
 (e) ends when the person has been in Australia for a period of, or periods totalling, 104 weeks after that day.
 (3) If:
 (a) a person is subject to a newly arrived resident's waiting period; and
 (b) the person has previously held one or more visas in a class of visas determined by the Minister for the purposes of paragraph 739A(4)(b) of the Social Security Act;
the waiting period:
 (c) starts on the day on which the person applied for the last of those visas; 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) neither subsection (2) nor (3) applies 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 when the person has been in Australia for a period of, or periods totalling, 104 weeks after that day.

Exemptions
 (6A) If:
 (a)