Document ID: chunk:federal_register_of_legislation:C2024C00680:section:3
Version: federal_register_of_legislation:C2024C00680
Segment Type: section
Provision Reference: s 3
Character Range: 338756–339814

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:
 (a) the foreign citizen has been in Australia during 200 or more days in the period of 12 months immediately preceding that time; and
 (b) at that time, one of the following subparagraphs applies:
 (i) the foreign citizen is in Australia and has permission to remain in Australia indefinitely;
 (ii) 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;
 (iii) 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;
 (iv) 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.