Social Security (Specified Class of Persons in Australia in Specified Circumstances—Health Care Card) Declaration 2003 (Cth)

Case

Social Security (Specified Class of Persons in Australia in Specified Circumstances—Health Care Card) Declaration 2003

as amended

made under subsection 1061ZO(7) of the

Social Security Act 1991

This compilation was prepared on 16 April 2015 taking into account amendments up to Social Security (Specified Class of Persons in Australia in Specified CircumstancesHealth Care Card) Amendment Declaration 2015 (F2015L00535).

Prepared by the Department of Social Services.

Part 1      Preliminary

1.         Name of declaration

This declaration is the Social Security (Specified Class of Persons in Australia in Specified Circumstances—Health Care Card) Declaration 2003.

2.         Commencement

This declaration commences on gazettal.

3.         Interpretation

Act means the Social Security Act 1991;

parent visa means a visa that is specified in Schedule 1 to the Migration Regulations and, uses the word ‘parent’ in the title of the visa;

permanent visa has the meaning given by subsection 30(1) of the Migration Act 1958;

protection visa has the meaning given by section 36 of the Migration Act 1958;

temporary visa has the meaning given by subsection 30(2) of the Migration Act 1958.

Part 2      Specified class of persons in Australia in specified circumstances

4.         Qualification for a health care card

Temporary visa holder

  1. A person who is, or has been, in Australia and:

    (a)       is the holder of a temporary visa; and

    (b)       has applied for a permanent visa and the application has not been withdrawn or otherwise finally determined; and

    (c)        has not both:

    (i)         made an application for a protection visa (whether or not the person has applied for any other visa), other than an application that has been withdrawn or otherwise finally determined; and

    (ii)        made an application for a parent visa (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or not the person has applied for any other visa and whether or not the application for the parent visa has been withdrawn or otherwise finally determined); and

    (d)       has not made an application for a parent visa (whether or not the person has applied for any other visa), other than an application that has been withdrawn or otherwise finally determined; and

    (e)       either:

    (i)         has a spouse, parent or child, who is an Australian citizen or the holder of a permanent visa; or

    (ii)        has an authority to work in Australia;

    is declared to be a person to whom section 1061ZO of the Act applies.

    Temporary protection visa holder

  2. A person who is, or has been, in Australia and is the holder of a subclass 785 (temporary protection) visa is declared to be a person to whom section 1061ZO of the Act applies.

Other visa holders

  1. A person who is, or has been, in Australia and is the holder of any of a:

    (a)       subclass 448 (Kosovar Safe Haven) visa;

    (b)       subclass 449 (Humanitarian Stay) visa;

    (c)        subclass 786 (Humanitarian Concern) visa;

    (d)       subclass 790 (Safe Haven Enterprise) visa;

    is declared to be a person to whom section 1061ZO of the Act applies.

Note to the Social Security (Specified Class of Persons in Australia in Specified Circumstances—Health Care Card Declaration 2003

Note 1

The Social Security (Specified Class of Persons in Australia in Specified Circumstances—Health Care Card) Declaration 2003 in force under subsection 1061ZO(7) of the Social Security Act 1991 as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title

FRLI registration number

Date of FRLI registration

Date of
commencement

Application, saving or
transitional provisions

Social  Security (Specified Class of Persons in Australia in Specified Circumstances—Health Care Card) Declaration 2003

Social Security (Specified Class of Persons in Australia in Specified Circumstances—Health Care Card) Amendment Declaration 2015

F2007B00327

F2015L00535

21 February  2007

15 April 2015

2 July 2003

18 April 2015

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Section 3        am: F2015L00535

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