Document ID: chunk:federal_register_of_legislation:C2025C00162:section:1039aa
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 1039AA
Character Range: 1216586–1218152

1039AA  Newly arrived resident's waiting period
 (1) Subject to this section, a person who:
 (a) enters Australia; and
 (b) has not been an Australian resident and in Australia for a period of, or periods totalling, 208 weeks;
is subject to a newly arrived resident's waiting period.
 (2) Subsection (1) does not apply to a person who has a qualifying residence exemption for a mobility allowance.
Note: For qualifying residence exemption in relation to mobility allowance, see paragraph 7(6AA)(f).
 (4) Subsection (1) does not apply to a person who, while in Australia, becomes a person with disability who has turned 16.
 (5) Subsection (1) does not apply to a person if:
 (a) the person is a refugee, or a former refugee, at the time the person made the claim for a mobility allowance; or
 (b) the following apply:
 (i) before the person made the claim for a mobility allowance, the person was a family member of another person at the time the other person became a refugee;
 (ii) the person is a family member of that other person at the time the person made the claim for a mobility allowance or, if that other person has died, the person was a family member of that other person immediately before that other person died; or
 (c) the person is an Australian citizen at the time the person made the claim for a mobility allowance.
 (6) For the purposes of subsection (5):
 (a) family member has the meaning given by subsection 7(6D); and
 (b) former refugee has the meaning given by subsection 7(1); and
 (c) refugee has the meaning given by subsection 7(6B).