Document ID: chunk:federal_register_of_legislation:C2004A04954:body:0:p6
Version: federal_register_of_legislation:C2004A04954
Segment Type: other
Provision Reference: 
Character Range: 14310–18181

AI)                1109
6.                                                                                                                                                                        East Timorese in Portugal, Macau and Mozambique (Special Assistance) (Class AM)  1113
7.                                                                                                                                                                        Minorities of Former USSR (Special Assistance) (Class AV)                        1122
8.                                                                                                                                                                        Refugee and Humanitarian (Migrant) (Class BA)                                    1127
9.                                                                                                                                                                        Sudanese (Special Assistance) (Class BD)                                         1130
10.                                                                                                                                                                       Territorial Asylum (Residence) (Class BE)                                        1131

"(6C) A person is an exempt resident if the person:

    (a) is taken, under the Migration Reform (Transitional Provisions) Regulations, to be the holder of a transitional (temporary) visa because the person was, immediately before 1 September 1994, the holder of:

       (i) a class 437 visa or entry permit—PRC (temporary); or

       (ii) a class 784 visa or entry permit—Domestic protection (temporary); or

       (iii) a class 820 visa or entry permit—Extended eligibility (spouse);

    under the Migration (1993) Regulations as then in force; or

    (b) was, immediately before 1 February 1993, the holder of:

       (i) a class 781 visa or entry permit—Refugee (restricted); or

SCHEDULE 3—continued

       (ii) a class 783 visa or entry permit—PRC (temporary); under the Migration (1989) Regulations as then in force; or

    (c) is the holder of:

       (i) a subclass 820 visa—Extended eligibility (spouse); or

       (ii) a temporary visa of a class referred to in a declaration of the Minister under subsection 25A(1) that is in force.".

5. Subsection 7(6):

After "(other than a special benefit)" insert ", a non-benefit parenting allowance".

6. Subsection 7(6B):

Insert after item 8 in the Table:

"8A  Sri Lankan (Special Assistance) (Class BF)  1129A"

7. Section 25:

Repeal the section, substitute:

Refugee visas

"25.(1) If:

    (a) after the commencement of this section, a class of permanent visas (other than a class referred to in the Table in subsection 7(6B)) is prescribed by regulations made for the purposes of section 31 of the Migration Act 1958; and

    (b) the Minister is of the view that a person holding a visa of that class should be regarded as a refugee for the purposes of section 7;

the Minister may declare in writing that class of visas to be a class of visas for the purposes of subparagraph 7(6B)(c)(iii).

"(2) The declaration is a disallowable instrument.

Exempt resident visas

"25A.(1) If:

    (a) after the commencement of this section, a class of temporary visas is prescribed by regulations made for the purposes of section 31 of the Migration Act 1958; and

    (b) the Minister is of the view that a person holding a visa of that class should be regarded as an exempt resident;

the Minister may declare in writing that class of visas to be a class of visas for the purposes of subparagraph 7(6C)(c)(ii).

"(2) The declaration is a disallowable instrument.".

                          SCHEDULE 4 Section 4

AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO A PERSON'S QUALIFICATION FOR