Document ID: chunk:federal_register_of_legislation:C2018A00168:clause:1_322
Version: federal_register_of_legislation:C2018A00168
Segment Type: clause
Provision Reference: sch 1 cl 322
Character Range: 7508–9018

322  Newly arrived resident's waiting period
 (1) Subject to this section, a person who:
 (a) has entered Australia; and
 (b) has not been an Australian resident and in Australia for a period of, or periods totalling, 208 weeks;
is subject to a newly arrived resident's waiting period.
Note: For Australian resident see subsection 7(2).
 (2) Subsection (1) does not apply to a person who has a qualifying residence exemption for a bereavement allowance.
Note: For qualifying residence exemption in relation to a bereavement allowance see subsection 7(6).
 (3) 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 bereavement allowance; or
 (b) the following apply:
 (i) before the person made the claim for a bereavement 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 bereavement 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
 (c) the person is an Australian citizen at the time the person made the claim for a bereavement allowance.
 (4) For the purposes of subsection (3):
 (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).