Restrictions on listing of dependants
240B Restrictions on listing of dependants
A seniors health card is not to include the name of any person as a dependant of the holder of the card.
A health care card issued to a person by virtue of subsection 1061ZK(7) or 1061ZO(9) of the 1991 Act is not to include the name of any person as a dependant of the holder of the card.
A health care card is not to include the name of a person (other than the partner of the holder of the card) as a dependant of the holder of the card if the person is the holder of a pensioner concession card or a health care card.
A pensioner concession card or a health care card is not to include the name of the partner of the holder of the card as a dependant of the holder of the card unless:
the partner is in Australia and is:
an Australian resident; or
is a special category visa holder residing in Australia; or
the holder of a visa included in a class of visas determined by the Minister for the purposes of this paragraph; or
a person declared by the Minister to be a person to whom this subparagraph applies; or
the partner is a New Zealand citizen and the holder of the card:
is in Australia; and
is receiving a social security pension or benefit solely because of the operation of the scheduled international agreement between Australia and New Zealand.
The Minister may, by legislative instrument, determine a class of visas for the purposes of paragraph (4)(a).
The Minister may, by legislative instrument, declare that a person who:
is included in a specified class of persons; and
is, or has been, in Australia in specified circumstances;
is a person to whom subparagraph (4)(a)(iii) applies.
The circumstances that may be specified in a declaration under subsection (5) include circumstances that existed or exist at any time before or after the making of the declaration.
In this section:
dependant has the same meaning as in Part 2A.1 of the 1991 Act.
This Act’s bill:Explanatory memorandumSecond reading speech
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