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AUSTRALIAN GOVERNMENT

HEALTH INSURANCE ACT 1973

Health Insurance (Eligible persons holders of temporary visas and de facto partners of Australian citizens) Order 2017

     (1) I, GREG HUNT, Minister for Health, pursuant to subsection 6(1) of the Health Insurance Act 1973 (the Act), hereby:

         (a)              DECLARE that every person included in the class of persons specified in section (2), being a person who, but for this Order, would not be an eligible person, shall be treated as an eligible person for the purposes of the Act.

        (b)              DECLARE that this Order shall have effect from date of signature.

(2) A person who:
    (a) is lawfully residing in Australia;
    (b) is, within the meaning of the Migration Act 1958, the holder of a temporary visa;
(c) is not covered by regulations made under subsection 6A(1) of the Act;
    (d) has applied for a permanent visa under the Migration Act 1958 and the application has not been withdrawn or otherwise finally determined;
(e) has not, both:
         (i) on or after the relevant day, made an application for a protection visa under the Migration Act 1958 (whether or not the person has applied for any other visa), other than an application that has been withdrawn or otherwise finally determined; and
         (ii) whether before or after the relevant day, made an application for a parent visa under the Migration Act 1958 (whether or not the person has applied for any other visa and whether or not the application for the parent visa has been withdrawn or otherwise finally determined);
    (e) has not, whether before or after the relevant day, made an application for a parent visa under the Migration Act 1958 (whether or not the person has applied for any other visa), other than an application that has been withdrawn or otherwise finally determined; and
     (f) in respect of whom the person's de facto partner is an Australian citizen or the holder of a permanent visa under the Migration Act 1958.

(3) For section (2):
     (a) the relevant day is the commencement of paragraph (f) of the definition of Australian resident in the Act; and
     (b) de facto partner has the same meaning as in subsection 4(1) of the National Health Act 1953.

Dated this  26th  day of October 2017.

GREG HUNT
MINISTER FOR HEALTH

ATTACHMENT - STATEMENT OF REASONS

Health Insurance Act 1973
Class Order under subsection 6(1)

ORDER NO: 806

DATE OF ORDER: 2017

RELATED ORDER: 770, 782

                            NAME OF PERSON/GROUP:  De facto partners of Australian citizens or permanent residents

REASON FOR APPROVAL:

This Order addresses a flaw in the Health Insurance Act 1973 (the Act) created by consequential amendments in the Same-Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008