Document ID: chunk:federal_register_of_legislation:C2025C00014:section:251u:p2
Version: federal_register_of_legislation:C2025C00014
Segment Type: section
Provision Reference: s 251U (pt 2/3)
Character Range: 1772647–1775177

period the person was a non‑resident; or
 (e) during the whole of that period the person was:
 (i) the head of a diplomatic mission, or the head of a consular post, established in Australia; or
 (ii) a member of the staff of a diplomatic mission, or a member of the consular staff of a consular post, established in Australia; or
 (iii) a member of the family of a person referred to in subparagraph (i) or (ii), being a member who forms part of the household of that person;
  and was not an Australian citizen and was not ordinarily resident in Australia; or
 (f) the Health Minister has certified that, had any service, treatment or care to which Medicare benefits under the Health Insurance Act 1973 relate been rendered to the person or to another person during that period, the first‑mentioned person would not have been entitled to Medicare benefits in respect of that service, treatment or care.
Note: Section 960‑255 of the Income Tax Assessment Act 1997 may be relevant to determining family relationships for the purposes of subparagraph (1)(e)(iii).
 (2) A person shall not be taken to have been a prescribed person, for the purposes of this Part and of any Act imposing Medicare levy, during a particular period unless every person who was a dependant of the first‑mentioned person during that period is to be taken, or but for this subsection would be taken, to have been a prescribed person, for the purposes of this Part and of any Act imposing Medicare levy, during that period.
 (3) Where:
 (a) a person would not, but for this subsection, be taken to have been a prescribed person, for the purposes of this Part and of any Act imposing Medicare levy, during a particular period; and
 (b) the person would, but for subsection (2), be taken to have been a prescribed person, for the purposes of this Part and of any Act imposing Medicare levy, during that period by virtue of paragraph (1)(a), (b), (ca), (caa) or (cb);
the person shall be taken to have been a prescribed person, for the purposes of this Part and of any Act imposing Medicare levy, during one‑half of that period.
 (4) In this section:
 (a) expressions that are defined by the Vienna Convention on Diplomatic Relations referred to in the  Diplomatic Privileges and Immunities Act 1967 have the same respective meanings as in that Convention; and
 (b) expressions that are defined by the Vienna Convention on Consular Relations referred to in the Consular Privileges and Immunities Act 1972 have the same respective meanings as in that Convention.