Document ID: chunk:federal_register_of_legislation:C2025C00162:section:1061zn
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 1061ZN
Character Range: 1435699–1436990

1061ZN  Residence requirement
 (1) Sections 1061ZK, 1061ZM and 1061ZMA 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 a special category visa holder residing in Australia; 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.
Note: If the person is temporarily absent from Australia, the person continues to be qualified for a health care card for a maximum period of up to 6 weeks (see Division 4).
 (2) The Minister may, by legislative instrument, 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.