Part 1 Preliminary
1. Name of declaration
This declaration is the Social Security (Specified Class of
Persons in Australia in Specified Circumstances—Health Care Card)
Declaration 2003.
2. Commencement
This declaration commences on gazettal.
3. Interpretation
Act means the Social Security Act 1991;
parent visa means a visa that is specified in
Schedule 1 to the Migration Regulations and, uses the word ‘parent’ in the title
of the visa;
permanent visa has the meaning given by
subsection 30(1) of the Migration Act 1958;
protection visa has the meaning given by
section 36 of the Migration Act 1958;
temporary visa has the meaning given by
subsection 30(2) of the Migration Act 1958.
Part 2 Specified class of persons in Australia in specified
circumstances
4. Qualification for a health care card
Temporary visa holder
(1) A person who is, or
has been, in Australia and:
(a) is the
holder of a temporary visa; and
(b) has applied
for a permanent visa and the application has not been withdrawn or otherwise
finally determined; and
(c) has not
both:
(i) made an
application for a protection visa (whether or not the person has applied for
any other visa), other than an application that has been withdrawn or otherwise
finally determined; and
(ii) made an
application for a parent visa (whether or not the person has applied for any
other visa and whether or not the application for the parent visa has been
withdrawn or otherwise finally determined); and
(d) has not
made an application for a parent visa (whether or not the person has applied
for any other visa), other than an application that has been withdrawn or
otherwise finally determined; and
(e) either:
(i) has a
spouse, parent or child, who is an Australian citizen or the holder of a
permanent visa; or
(ii) has an
authority to work in Australia;
is declared to be a person
to whom section 1061ZO of the Act applies.
Temporary protection visa holder
(2) A person who is, or has been, in Australia and is the holder of a subclass 785 (temporary protection)
visa is declared to be a person to whom
section 1061ZO of the Act applies.
Other visa holders
(3) A person who is, or has been, in Australia and is the holder of any of a:
(a) subclass
448 (Kosovar Safe Haven) visa;
(b) subclass
449 (Humanitarian Stay) visa;
(c) subclass
786 (Humanitarian Concern) visa;
is declared to be a person
to whom section 1061ZO of the Act applies.