Document ID: chunk:federal_register_of_legislation:C2023C00380:clause:4_1061pu
Version: federal_register_of_legislation:C2023C00380
Segment Type: clause
Provision Reference: sch 4 cl 1061PU
Character Range: 219632–221607

1061PU  Newly arrived resident's waiting period

Basic rule
 (1) Subject to this section, a person is subject to a newly arrived resident's waiting period if the person:
 (a) has entered Australia on or after 4 March 1997; and
 (b) has not been an Australian resident in Australia for a period of, or periods totalling, 104 weeks.
Note: For Australian resident see subsection 7(2).

Exception—qualifying resident exemption
 (2) Subsection (1) does not apply to a person who has a qualifying residence exemption for an austudy payment.
Note: For qualifying residence exemption see subsection 7(6).

Exception—person already subject to waiting period etc.
 (3) Subsection (1) does not apply to a person if:
 (a) the person has been subject to:
 (i) a newly arrived resident's waiting period under this Act; or
 (ii) a waiting period under Part 2 of the Student Assistance Act 1973 as in force immediately before 1 July 1998; or
 (iii) a newly arrived resident's waiting period under Part 8 of the Student Assistance Act 1973 as in force immediately before 1 July 1998; and
 (b) that period has ended.
 (4) Subsection (1) does not apply to a person if:
 (a) the person would:
 (i) if the person had made a claim under this Act for a social security payment other than youth allowance—have been subject to a newly arrived resident's waiting period under this Act; or
 (ii) if the person had, before 1 July 1998, made a claim under the Student Assistance Act 1973—have been subject to a waiting period under Part 2 of that Act or a newly arrived resident's waiting period under Part 8 of that Act;
  and that period would have ended; or
 (b) the person has had:
 (i) a qualifying residence exemption for a newstart allowance or a sickness allowance under this Act; or
 (ii) a qualifying residence exemption for a youth training allowance under the Student Assistance Act 1973; or
 (c) in the case of an AUSTUDY allowance recipient—the person was not subject to a waiting period.