Social Services and Other Legislation Amendment (Australia's Engagement in the Pacific) Act 2023 (100 of 2023)

Schedule 2   Pacific Australia Labour Mobility scheme

Part 1   Amendments

A New Tax System (Family Assistance) Act 1999

3   After subsection 21(1A)

Insert:

Visa holders connected with the Pacific Australia Labour Mobility scheme

(1B) An individual satisfies this subsection if:

(a) the individual is the holder of:

(i) a visa referred to in the regulations under the Migration Act 1958 as a Subclass 403 (Temporary Work (International Relations)) visa; or

(ii) a visa of a kind determined under subsection (1C) of this section for the purposes of this subparagraph; and

(b) either:

(i) the individual is a participant, as a worker, in the scheme known as the Pacific Australia Labour Mobility scheme; or

(ii) the visa is granted on the basis that the individual is a member of the family unit (within the meaning of the Migration Act 1958) of such a participant; and

(c) the individual is in a class determined under subsection (1C).

(1C) The Minister may, by legislative instrument, determine:

(a) kinds of visas for the purposes of subparagraph (1B)(a)(ii) (subject to subsection (1D)); and

(b) classes of individuals for the purposes of paragraph (1B)(c).

(1D) The Minister must not determine a kind of visa under paragraph (1C)(a) unless the Minister has been advised by the Minister administering the Migration Act 1958 (the Immigration Minister ) that, in the opinion of the Immigration Minister:

(a) the kind of visa has replaced or will replace:

(i) the kind of visa mentioned in subparagraph (1B)(a)(i); or

(ii) a kind of visa previously determined under paragraph (1C)(a); and

(b) the replacement kind of visa is intended to give the same benefits as the replaced kind of visa.

(1E) Without limiting paragraph (1C)(b), a class of individuals may be determined under that paragraph by reference to the fact that an individual holds a visa of a specified kind.

Example: A visa of a kind referred to in a specified way in the regulations under the Migration Act 1958 or that permits the holder to stay in Australia for at least a specified period.