Social Services and Other Legislation Amendment (Promoting Sustainable Welfare) Act 2018 (168 of 2018)

Schedule 1   Social security amendments

Part 1   Extending existing newly arrived resident's waiting periods

Social Security Act 1991

21   Application provisions

(1) The amendments of sections 549D, 549E, 575D, 575E, 623A, 623B, 696B, 696C, 1039AA, 1039AB, 1061PU and 1061PV of the Social Security Act 1991 made by this Part apply in relation to a person who becomes the holder of a permanent visa on or after the commencement of this item.

(2) The amendment of paragraph 739A(3)(d) of the Social Security Act 1991 made by this Part applies in relation to a person who applies for a visa covered by paragraph 739A(3)(b) of that Act on or after the commencement of this item.

(3) The amendment of paragraph 739A(4)(d) of the Social Security Act 1991 made by this Part applies in relation to a person who becomes the holder of a visa covered by paragraph 739A(4)(b) of that Act on or after the commencement of this item.

(4) The amendment of subsection 739A(5) of the Social Security Act 1991 made by this Part applies in relation to a person who becomes the holder of a permanent visa on or after the commencement of this item.

(5) The amendments of sections 1061ZH, 1061ZI, 1061ZQ and 1061ZR of the Social Security Act 1991 made by this Part apply in relation to a person who becomes the holder of a permanent visa on or after the commencement of this item.

(6) The amendments made by this Part do not apply in relation to a special category visa holder who is a protected SCV holder.

(7) The amendments made by this Part do not apply in relation to a person who, on or after the commencement of this item, becomes the holder of:

(a) a visa referred to in the regulations under the Migration Act 1958 as a Subclass 117 (Orphan Relative) visa or as a Subclass 837 (Orphan Relative) visa; or

(b) a visa referred to in the regulations under the Migration Act 1958 as a Subclass 115 (Remaining Relative) visa or as a Subclass 835 (Remaining Relative) visa; or

(c) a visa of a kind determined in an instrument under subitem (8).

(8) The Minister may, by legislative instrument, determine a kind of visa for the purposes of paragraph (7)(c).