EXPLANATORY STATEMENT
Social Security (Declaration of Visa in a class of Visas—Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2001
The Social Security and Veterans' Affairs Legislation Amendment (Miscellaneous Matters) Act 2000 (Act Number 94 of 2000) amended the Social Security Act 1991 (the Act) to simplify the rules relating to a newly arrived resident’s waiting period before special benefit is payable.
As part of this simplification exercise, Act Number 94 of 2000 amended the Act by repealing section 25A and repealing and substituting subsection 739A(6).
Prior to this change to the Act, a determination by the Minister under section 25A allowed the Minister to declare that a person holding, or being a former holder, of a specified visa enabled that specified visa to be a recognised visa for the purposes of paragraph 7(6C)(c) of the Act. A person holding such a visa would meet the definition of “exempt resident” in subsection 7(6C). This allowed the person to have a qualifying residence exemption for special benefit under subsection 7(6A) of the Act. A person having a qualifying residence exemption for special benefit was not subject to a newly arrived resident’s waiting period (previously paragraph 739A(6)(a) of the Act).
The Determination adds subclass 447 (Secondary Movement Offshore Entry) (Temporary)) (Class XB) and subclass 451 (Secondary Movement Relocation) (Temporary)) (Class XB) visas, as being visas, the holders of which, or the former holders of which, will not be subject to a newly arrived resident’s waiting period for special benefit to those visas previously specified.
The purpose of this new visa regime is to provide for the grant of a temporary visa to:
- a non-citizen who entered Australia at an excised offshore place after the relevant excision time without a visa (subclass 447); and
- a non-citizen who is outside his or her home country and is not a non‑citizen who entered Australia at an excised offshore place after the relevant excision time without a visa (subclass 451).
This new visa regime is intended to deter further movement from, or the bypassing of, other safe countries.
The Determination commences on gazettal.