Document ID: chunk:federal_register_of_legislation:C2025C00162:section:549d
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 549D
Character Range: 821386–823776

549D  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; and
 (b) has not been an Australian resident in Australia for a period of, or periods totalling, 208 weeks.
Note: For Australian resident see subsection 7(2).

Exception—qualifying residence exemption
 (2) Subsection (1) does not apply to a person who has a qualifying residence exemption for a youth allowance.
Note: For qualifying residence exemption in relation to youth allowance, see paragraph 7(6AA)(f).

Exception—lone parent
 (6) Subsection (1) does not apply to a person if the person:
 (a) is the principal carer of one or more children; and
 (b) is not a member of a couple; and
 (c) is not undertaking full‑time study; and
 (d) is not a new apprentice; and
 (e) was not a lone parent at the start of the person's current period as an Australian resident.
Note 1: For principal carer see subsections 5(15) to (24).
Note 2: For undertaking full‑time study see section 541B.
Note 3: For new apprentice see subsection 23(1).
Note 4: For lone parent and current period as an Australian resident see subsection 23(1).

Exception—other
 (7) Subsection (1) does not apply to a person if:
 (a) the person is a refugee, or a former refugee, at the time the person made the claim for a youth allowance; or
 (b) the following apply:
 (i) before the person made the claim for a youth allowance, the person was a family member of another person at the time the other person became a refugee;
 (ii) the person is a family member of that other person at the time the person made the claim for a youth allowance or, if that other person has died, the person was a family member of that other person immediately before that other person died; or
 (ba) the following apply:
 (i) the person is undertaking full‑time study or is a new apprentice;
 (ii) the person is the holder of a Pacific engagement visa at the time the person made the claim for a youth allowance; or
 (c) the person is an Australian citizen at the time the person made the claim for a youth allowance.
 (8) For the purposes of subsection (7):
 (a) family member has the meaning given by subsection 7(6D); and
 (b) former refugee has the meaning given by subsection 7(1); and
 (c) refugee has the meaning given by subsection 7(6B).