Commonwealth legislation

Social Security (Declaration of Visa in a class of Visas—Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2001

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

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What this does: This determination requires people holding specific temporary protection visas to serve a waiting period before they can receive Special Benefit payments (a Centrelink payment for people in severe financial hardship who cannot get other benefits).

Who it affects: People holding these two visa types:

Subclass 447 (Secondary Movement Offshore Entry — Temporary)
Subclass 451 (Secondary Movement Relocation — Temporary)

These visas were typically held by asylum seekers who travelled through another country (where they could have sought protection) before coming to Australia — a situation known as "secondary movement."

Why it matters: Normally, the "Newly Arrived Resident's Waiting Period" (usually 2–4 years) applies to permanent residents. This instrument extends that waiting period to holders of these specific temporary visas, meaning they cannot access Special Benefit immediately upon arrival, even if they are in severe financial hardship.

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Current sections

Direct links to the current provisions in Social Security (Declaration of Visa in a class of Visas—Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2001.

Social Security (Declaration of Visa in a class of Visas—Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2001

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Social Security (Declaration of Visa in a class of Visas—Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2001

I, AMANDA VANSTONE, Minister for Family and Community Services, make the following determination under subsection 739A(6) of the Social Security Act 1991.

Dated Twelfth December 2001.

A Vanstone

Minister for Family and Community Services

Name of determination

This determination may be cited as the Social Security (Declaration of Visa in a class of Visas—Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2001.

Commencement

This determination commences on gazettal.

Class of visas

For the purposes of subsection 739A(6) of the Social Security Act 1991 the class of visas are:

(i) subclass 447 (Secondary Movement Offshore Entry (Temporary)) (Class XB); and

(ii) subclass 451 (Secondary Movement Relocation (Temporary)) (Class XB).

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Social Security (Declaration of Visa in a class of Visas—Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2001

Social Security (Declaration of Visa in a class of Visas—Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2001

I, AMANDA VANSTONE, Minister for Family and Community Services, make the following determination under subsection 739A(6) of the Social Security Act 1991.

Dated Twelfth December 2001.

A Vanstone

Minister for Family and Community Services

Name of determination

This determination may be cited as the Social Security (Declaration of Visa in a class of Visas—Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2001.

Commencement

This determination commences on gazettal.

Class of visas

For the purposes of subsection 739A(6) of the Social Security Act 1991 the class of visas are:

(i) subclass 447 (Secondary Movement Offshore Entry (Temporary)) (Class XB); and

(ii) subclass 451 (Secondary Movement Relocation (Temporary)) (Class XB).