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SOCIAL SECURITY ACT 1991 - SECT 1061ZN

Residence requirement

             (1)  Sections 1061ZK, 1061ZM and 1061ZMA only have effect in relation to a person on a day on which:

                     (a)  the person is in Australia and is:

                              (i)  an Australian resident or a special category visa holder residing in Australia; or

                             (ii)  the holder of a visa included in a class of visas determined by the Minister for the purposes of this paragraph; or

                            (iii)  a person declared by the Minister to be a person to whom this subparagraph applies; or

                     (b)  the person:

                              (i)  is in Australia; and

                             (ii)  is receiving a social security pension or benefit solely because of the operation of the scheduled international agreement between Australia and New Zealand.

Note:          If the person is temporarily absent from Australia, the person continues to be qualified for a health care card for a maximum period of up to 6 weeks (see Division 4).

             (2)  The Minister may, by legislative instrument, declare that a person who:

                     (a)  is included in a specified class of persons; and

                     (b)  is, or has been, in Australia in specified circumstances;

is a person to whom subparagraph (1)(a)(iii) applies.

             (3)  The circumstances that may be specified in a declaration under subsection (2) include circumstances that existed or exist at any time before or after the making of the declaration.



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