(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.