When foreign citizens are ordinarily resident in Australia
3 When foreign citizens are ordinarily resident in Australia
For the purposes of the ownership provisions, a foreign citizen is ordinarily resident in Australia at a particular time if, and only if:
the foreign citizen has been in Australia during 200 or more days in the period of 12 months immediately preceding that time; and
at that time, one of the following subparagraphs applies:
the foreign citizen is in Australia and has permission to remain in Australia indefinitely;
the individual is not in Australia but has a right to re‑enter Australia and, on re‑entry, to be granted permission to remain in Australia indefinitely;
the individual is in Australia, is a New Zealand citizen, holds a New Zealand passport and has a special category visa under section 32 of the Migration Act 1958;
the individual is not in Australia, is a New Zealand citizen, holds a New Zealand passport and, on re‑entry to Australia, would have the right to be granted a special category visa under section 32 of the Migration Act 1958.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.