Document ID: chunk:federal_register_of_legislation:C2024C00583:section:61aa:p1
Version: federal_register_of_legislation:C2024C00583
Segment Type: section
Provision Reference: s 61AA (pt 1/3)
Character Range: 184709–187337

61AA  Part A rate of family tax benefit is nil for a day in newly arrived resident's waiting period
 (1) Despite Parts 2 to 3A of Schedule 1, an individual's Part A rate of family tax benefit in respect of a day is nil if the day occurs in a newly arrived resident's waiting period for the individual.

When individual subject to newly arrived resident's waiting period
 (2) Subject to this section, an individual is subject to a newly arrived resident's waiting period if, on or after the commencement of this subsection, the individual:
 (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 1991; 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
 (iia) a visa referred to in the regulations under the Migration Act 1958 as a Subclass 192 (Pacific Engagement) visa; or
 (iii) a visa of a kind determined in an instrument under subsection (2A) of this section; or
 (c) satisfies subsection 21(1B) of this Act (visa holders connected with the Pacific Australia Labour Mobility scheme).
 (2A) The Minister may, by legislative instrument, determine a kind of visa for the purposes of subparagraph (2)(b)(iii).
 (2B) Paragraph (2)(b) does not apply in relation to an individual if, at any time before the commencement of this subsection, the individual held a visa covered by paragraph (2)(a).

Length of waiting period
 (3) If:
 (a) an individual is subject to a newly arrived resident's waiting period because of paragraph (2)(a) or (b); and
 (b) the visa covered by paragraph (2)(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 1991; and
 (c) subsections (4) and (4A) do not apply;
the waiting period:
 (d) starts on the day on which the individual applied for that visa; and
 (e) ends when the individual has been in Australia for a period of, or periods totalling, 52 weeks after that day.
 (4) If:
 (a) an individual is subject to a newly arrived resident's waiting period because of paragraph (2)(a) or (b); and
 (b) the individual 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 1991;
the waiting period:
 (c) starts on the