Social Security (Class of Visas – Qualification for Special Benefit) Determination 2015 (No. 2)

Social Security (Class of Visas – Qualification for Special Benefit) Determination 2015 (No. 2)

as amended

made under subparagraph 729(2)(f)(v) of the

This compilation was prepared on 19 November 2015 taking into account amendments made by the Social Security (Class of Visas – Qualification for Special Benefit) Amendment Determination  2015 (F2015L01805).

Prepared by the Department of Social Services.

About this compilation

This compilation

This is a compilation of the Social Security (Class of Visas – Qualification 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 – Qualification 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 – Qualification for Special Benefit) Determination 2004;

(b)         Social Security (Class of Visas – Qualification for Special Benefit) Determination 2004 (No. 2);  

(c)          Social Security (Class of Visas – Qualification for Special Benefit) Determination 2009;

(d)         Social Security (Class of Visas – Qualification for Special Benefit) Determination 2014; and

(e)         Social Security (Class of Visas – Qualification for Special Benefit) Determination 2015.

4  Class of visas

(1)  For the purposes of subparagraph 729(2)(f)(v) of the Social Security Act 1991, classes of visas are:

     (aa) Subclass 060 (Bridging F);

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

(b)         Subclass 309 (Partner (Provisional));

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

(d)         Subclass 785 (Temporary Protection);

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

(f)           Subclass 790 (Safe Haven Enterprise);

(g)         Subclass 820 (Partner); and

(h)         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)(h), 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.

Note to the Social Security (Class of Visas – Qualification for Special Benefit) Determination 2015 (No.2)

The Social Security (Class of Visas – Qualification for Special Benefit) Determination 2015(No.2) in force under subparagraph 729(2)(f)(v) of the Social Security Act 1991 as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

 Table of Amendments