Document ID: chunk:federal_register_of_legislation:C2004C01176:clause:1_1061zn
Version: federal_register_of_legislation:C2004C01176
Segment Type: clause
Provision Reference: sch 1 cl 1061ZN
Character Range: 21727–22946

1061ZN  Residence requirement

 (1) Sections 1061ZK, 1061ZL and 1061ZM only have effect in relation to a person on a day on which:
 (a) the person is in Australia and is:
 (i) an Australian resident; or
 (ii) the holder of a visa included in a class of visas determined by the Minister for the purposes of this paragraph; or
 (iii) a person declared by the Minister to be a person to whom this subparagraph applies; or
 (b) the person:
 (i) is in Australia; and
 (ii) is receiving a social security pension or benefit solely because of the operation of the scheduled international agreement between Australia and New Zealand.

 (2) The Minister may declare that a person who:
 (a) is included in a specified class of persons; and
 (b) is, or has been, in Australia in specified circumstances;
is a person to whom subparagraph (1)(a)(iii) applies.

 (3) The circumstances that may be specified in a declaration under subsection (2) include circumstances that existed or exist at any time before or after the making of the declaration.

 (4) A declaration under subsection (2):
 (a) must be in writing; and
 (b) is a disallowable instrument.

Subdivision B—Qualification for health care cards for which claim required