Migration Legislation Amendment (Parents and Other Measures) Act 2000 (Cth)

Migration Legislation Amendment (Parents and Other Measures) Act 2000

No. 128, 2000

Migration Legislation Amendment (Parents and Other Measures) Act 2000

No. 128, 2000

An Act to amend the law relating to migration and Medicare, and for related purposes

Contents

Migration Legislation Amendment (Parents and Other Measures) Act 2000

No. 128, 2000

An Act to amend the law relating to migration and Medicare, and for related purposes

[Assented to 26 October 2000]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Migration Legislation Amendment (Parents and Other Measures) Act 2000.

2Commencement

1. (1)

   Sections 1, 2 and 3 commence on the day after the day on which this Act receives the Royal Assent.

2. (2)

   Schedule 1 commences on a day to be fixed by Proclamation.

3. (3)

   If Schedule 1 does not commence under subsection (2) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

3Schedule(s)

1. (1)

   Subject to section 2, each Act, and each regulation, that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

2. (2)

   The amendment of any regulation under subsection (1) does not prevent the regulation, as so amended, from being amended or repealed by the Governor‑General.

3. (3)

   To avoid doubt, regulations amended under subsection (1) are taken to still be regulations.

Schedule 1—Eligibility for Medicare benefits

Health Insurance Act 1973

1. 1

   Subsection 3(1) (at the end of paragraphs (a), (b), (ba), (c) and (d) of the definition of Australian resident)

   Add “or”.

2. 2

   Subsection 3(1) (paragraph (e) of the definition of Australian resident)

   Repeal the paragraph, substitute:

   1. (f)

      a person who:

      1. (i)

         is, within the meaning of the Migration Act 1958, the holder of a temporary visa; and

      2. (ia)

         is not covered by regulations made under subsection 6A(1); and

      3. (ii)

         has applied for a permanent visa under that Act and the application has not been withdrawn or otherwise finally determined; and

      4. (iii)

         has not, both:

         1. (A)

            on or after the commencement of this paragraph, made an application for a protection visa under that Act (whether or not the person has applied for any other visa), other than an application that has been withdrawn or otherwise finally determined; and

         2. (B)

            whether before or after the commencement of this paragraph, made an application for a parent visa under that Act (whether or not the person has applied for any other visa and whether or not the application for the parent visa has been withdrawn or otherwise finally determined); and

      5. (iv)

         has not, whether before or after the commencement of this paragraph, made an application for a parent visa under that Act (whether or not the person has applied for any other visa), other than an application that has been withdrawn or otherwise finally determined; and

      6. (v)

         in respect of whom either:

         1. (A)

            another person, being the person’s spouse, parent or child, is an Australian citizen or the holder of a permanent visa under that Act; or

         2. (B)

            an authority to work in Australia is in force.

3

Subsection 3(1)

Insert:

finally determined has the same meaning as in the Migration Act 1958.

4

Subsection 3(1)

Insert:

Migration Regulations means regulations made under the Migration Act 1958.

5

Subsection 3(1)

Insert:

parent visa: a person has applied for a parent visa if:

1. (a)

   the person has applied for a permanent visa included in a class of visas under the Migration Regulations, being a class that has the word “parent” in its title; or

2. (b)

   before 1 November 1999 the person applied for a Change in Circumstance (Residence) (Class AG) visa, a Family (Residence) (Class AO) visa or a General (Residence) ( Class AS ) visa under the Migration Regulations and:

   1. (i)

      the person was nominated for the grant of that visa by a child of the person, being a child who was at least 18 years old when the application was made; or

   2. (ii)

      the person was included in an application made by a person covered by subparagraph (i).

6

Subsection 3(1)

Insert:

protection visa means a permanent or temporary visa included in a class of visas under the Migration Regulations, being a class that has the word “protection” in its title.

7

After section 6

Insert:

6A

Certain prescribed persons in Australia to be treated as eligible persons etc.

1. (1)

   The regulations may provide that a person who:

   1. (a)

      holds a prescribed kind of temporary visa; or

   2. (b)

      holds a prescribed kind of temporary visa and is a member of a class of persons prescribed for the purposes of this section;

is, subject to the regulations, to be treated as an eligible person for the purposes of this Act while he or she is in Australia .

1. (2)

   Without limiting the generality of subsection (1), the regulations may provide for all or any of the following:

   1. (a)

      the periods within which a person is to be treated as an eligible person;

   2. (b)

      the circumstances in which a person is to be treated as an eligible person;

   3. (c)

      the professional services in relation to which the person is to be treated as an eligible person;

   4. (d)

      the professional services in relation to which the person is not to be treated as an eligible person.

[Minister’s second reading speech made in—

House of Representatives on 7 June 2000

Senate on 27 June 2000]

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