Document ID: chunk:federal_register_of_legislation:F2020L01671:clause:1_36
Version: federal_register_of_legislation:F2020L01671
Segment Type: clause
Provision Reference: sch 1 cl 36
Character Range: 26532–27690

36  Variation of section 1220A
Section 1220A of the Social Security Act 1991 is varied by adding the following subsections at the end of the section:
 (6) If:
 (a) the 26 weeks mentioned in paragraph (1)(a) ends on or after 11 March 2020; and
 (b) the Secretary is satisfied that the person's absence from Australia is temporary; and
 (c) the Secretary is satisfied that the person is unable to return to Australia before the end of that 26‑week period because of the impact of the coronavirus known as COVID‑19;
the Secretary may, in relation to the person, determine that a reference to 26 weeks in paragraph (1)(a) is taken to be a reference to another number of weeks. However, the Secretary must ensure that the determination does not result in a period referred to in that paragraph that ends after 31 March 2021.
 (7) Despite Subdivision B of Division 9 of Part 3 of the Administration Act, a favourable determination (within the meaning of section 108 of that Act) that is made as a result of a determination referred to in subsection (6) of this section may be expressed to take effect on a day earlier than otherwise permitted by that Subdivision.