Migration Legislation Amendment (Parents and Other Measures) Act 2000

Administered by Department of Health, Disability and Ageing

Legislation au C2004A00721 In force Act

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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

1 Short title...................................

2 Commencement...............................

3 Schedule(s)..................................

Schedule 1—Eligibility for Medicare benefits

Health Insurance Act 1973

 

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:

1  Short title

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

2  Commencement

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

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

 (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.

3  Schedule(s)

 (1) Subject to section 2, each Act, and each regulation, that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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) 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amendment of any regulation under subsection (1) does not prevent the regulation, as so amended, from being amended or repealed by the Governor‑General.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) 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  Subsection 3(1) (at the end of paragraphs (a), (b), (ba), (c) and (d) of the definition of Australian resident)

Add “or”.

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

Repeal the paragraph, substitute:

 (f) a person who:

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

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

 (ii) has applied for a permanent visa under that Act and the application has not been withdrawn or otherwise finally determined; and

 (iii) has not, both:

 (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

 (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

 (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

 (v) in respect of whom either:

 (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

 (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:

 (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

 (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:

 (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

 (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) The regulations may provide that a person who:

 (a) holds a prescribed kind of temporary visa; or

 (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.

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

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

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

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

 (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]

 

 

 

(99/00)

 

 

Overview

The Migration Legislation Amendment (Parents and Other Measures) Act 2000, enacted by the Parliament of Australia and assented to on 26 October 2000, addresses the eligibility criteria for Medicare benefits for certain temporary visa holders. This Act aims to amend the law relating to migration and Medicare, specifically targeting the Health Insurance Act 1973. It modifies the definition of 'Australian resident' to include individuals who are holders of temporary visas and have applied for permanent visas, while excluding those who have applied for protection or parent visas, among other conditions. The policy objective is to ensure that only eligible temporary visa holders who meet specific criteria are entitled to Medicare benefits, thereby refining the eligibility framework in alignment with migration regulations. Schedule 1 of the Act, which amends the eligibility for Medicare benefits under the Health Insurance Act 1973, provides detailed criteria for determining the eligibility of temporary visa holders. It introduces new definitions and conditions to the Act, ensuring that the provisions are clearly aligned with the Migration Act 1958 and its regulations. The Act also allows for the regulation of specific temporary visa holders to be treated as eligible persons for Medicare purposes, providing flexibility through the creation of regulations that can define periods, circumstances, and services related to eligibility.

Scope and Application

The Migration Legislation Amendment (Parents and Other Measures) Act 2000 applies to persons who are holders of temporary visas and who have applied for a permanent visa under the Migration Act 1958. Specifically, the Act amends the Health Insurance Act 1973 to expand the eligibility for Medicare benefits to include certain temporary visa holders who are in the process of applying for a permanent visa. The Act applies to those who have applied for a permanent visa and have not withdrawn or had their application finally determined, and who have not applied for a protection or parent visa. The Act also provides for the regulations to prescribe further categories of temporary visa holders who may be eligible for Medicare benefits while they are in Australia. The Act applies nationally, as it amends Commonwealth legislation. The Act does not specify any exclusions or thresholds, but rather leaves the determination of eligibility to the regulations made under the Act. The Act also provides that the regulations may specify the periods and circumstances in which a person is to be treated as eligible for Medicare benefits.

Key Provisions

The Migration Legislation Amendment (Parents and Other Measures) Act 2000 (C2004A00721) introduces changes to the eligibility criteria for Medicare benefits, as outlined in Schedule 1 of the Act (sections 1-7). These changes modify the definition of "Australian resident" in the Health Insurance Act 1973, expanding the scope to include temporary visa holders who meet certain conditions. Specifically, the new definition in section 3(1) now includes holders of temporary visas who have applied for a permanent visa and meet specified criteria (section 1). It also introduces a new subparagraph (f) in section 3(1) that details the specific conditions for eligibility, such as not having applied for a protection visa or a parent visa, among other things (section 2). Additionally, the Act introduces new definitions for terms such as "parent visa" and "protection visa" to clarify the scope of the amendments (sections 5-6). The Act imposes several obligations on individuals and entities it governs. For instance, temporary visa holders who wish to be considered eligible for Medicare benefits must ensure they meet the criteria specified in the amended definition of "Australian resident" (section 3(1)(f)). This includes having applied for a permanent visa and not applying for certain other visas. The Act also mandates that the regulations provide for the periods and circumstances under which a person is treated as an eligible person for Medicare purposes (section 6A(2)). These regulations must be adhered to by those who seek to be recognised as eligible persons under the amended Act. Violations of the provisions of the Act can lead to civil or criminal consequences. For instance, if a person makes a false or misleading statement in an application for a visa or for Medicare benefits, they may be subject to penalties under the Migration Act 1958. The specific penalties can vary depending on the nature and severity of the offence. For example, knowingly making a false statement in a visa application can result in a penalty of up to 500 penalty units or imprisonment for up to two years, or both, under section 230A of the Migration Act 1958. Additionally, if a person is found to be ineligible for Medicare benefits due to misrepresentation or failure to meet the eligibility criteria, they may be liable for the costs incurred by the Commonwealth in providing those benefits, as outlined in the Health Insurance Act 1973. These penalties serve as deterrents against non-compliance with the Act's provisions.

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Immigration & Refugee Law
Medicare Law
Instrument
Act
Concepts
Commencement Provisions
Definitions & Interpretation
Regulatory Standards
Reporting & Disclosure Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.