Untitled document

Social Security (Class of Visas – Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2015 (No. 2)

as amended

made under subsection 739A(6) of the

Social Security Act 1991

This compilation was prepared on 19 November 2015 taking into account amendments made by the Social Security (Class of Visas – Newly Arrived Resident’s Waiting Period for Special Benefit) Amendment Determination 2015 (F2015L01806).

Prepared by the Department of Social Services.

About this compilation

This compilation

This is a compilation of the Social Security (Class of Visas – Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2015 (No.2) as in force on 1 January 2016.  It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 19 November 2015.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

1  Name of determination

This Determination is the Social Security (Class of Visas – Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2015 (No. 2).

2  Commencement

This Determination commences on 1 October 2015.

3  Revocation

The following determinations are revoked:

(a)Social Security (Class of Visas – Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2004;

(b)Social Security (Class of Visas – Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2004 (No. 2);   

(c)Social Security (Class of Visas – Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2009;

(d)Social Security (Class of Visas – Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2011;

(e)Social Security (Class of Visas – Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2014; and

(f)Social Security (Class of Visas – Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2015.

4  Definitions

In this Determination:

Act means the Social Security Act 1991.

5  Classes of visas for the purposes of paragraph 739A(3)(b) of the Act

For the purposes of paragraph 739A(3)(b) of the Act, classes of visas are:

(a)Subclass 309 (Partner (Provisional)); and

(b)Subclass 820 (Partner).

6  Classes of visas for the purposes of subsection 739A(6) of the Act

(1)For the purposes of subsection 739A(6) of the Act, classes of visas are:

(aa)Subclass 060 (Bridging F);

(a)Subclass 070 (Bridging (Removal Pending));

(b)Subclass 449 (Humanitarian Stay (Temporary));

(c)Subclass 785 (Temporary Protection);

(d)Subclass 786 (Temporary (Humanitarian Concern));

(e)Subclass 790 (Safe Haven Enterprise); and

(f)if the circumstances in subsection (2) are met, a criminal justice stay visa granted under subsection 155(2) of the Migration Act 1958.

(2) For paragraph (1)(f), the circumstances are that the criminal justice stay visa was granted for the purpose of assisting in the administration of criminal justice in relation to an offence of:

(a)    trafficking in persons;

(b)    slavery; or

(c)    slavery-like practices.

7  Classes of visas for the purposes of paragraph 739A(8)(c) of the Act

For the purposes of paragraph 739A(8)(c) of the Act, classes of visas are:

(a)Subclass 309 (Partner (Provisional)); and

(b)Subclass 820 (Partner).

Note to the Social Security (Class of Visas – Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2015 (No.2)

The Social Security (Class of Visas – Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2015(No.2) in force under subsection 739A(6) 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 (Class of Visas – Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2015 (No.2) Social Security (Class of Visas – Newly Arrived Resident’s Waiting Period for Special Benefit) Amendment Determination 2015	F2012L01547 F2015L01806	30 September 2015 17 November 2015	1 October 2015 1 January 2016

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted
Provision affected		How affected
Paragraph 6(1)(aa)	am; F2015L01806