Document ID: chunk:federal_register_of_legislation:F2024C01235:reg:38:p1
Version: federal_register_of_legislation:F2024C01235
Segment Type: reg
Provision Reference: reg 38 (pt 1/2)
Character Range: 85053–87632

38  Acquisitions of interests in residential land
 (1) The excluded provisions do not apply in relation to an acquisition of an interest in residential land by a foreign person if a subsection of this section applies in relation to the acquisition.

Acquisitions by persons with connection to Australia
 (2) The foreign person meets any of the following conditions:
 (a) the foreign person is, at the time of acquisition, the holder of a permanent visa (within the meaning of the Migration Act 1958);
 (b) the foreign person is, at the time of acquisition, the holder of a special category visa (within the meaning of that Act);
 (c) if the foreign person had entered Australia lawfully immediately before the acquisition, he or she would have been entitled to the grant, on presentation of a passport, of a special category visa (within the meaning of that Act);
 (d) the foreign person is an Australian corporation and would not be a foreign person if interests held directly in it by any one or more of the following persons were disregarded:
 (i) a person to whom any of paragraphs (a), (b), (c) and (e) applies;
 (ii) a person to whom any of paragraphs 35(1)(a) to (c) applies;
 (iii) a person covered by a previous application of this paragraph;
 (e) the foreign person is the trustee of a resident trust at the time of the acquisition, and would not be a foreign person if interests held directly in it by any one or more of the following persons were disregarded:
 (i) a person to whom any of paragraphs (a) to (d) of this subsection applies;
 (ii) a person to whom any of paragraphs 35(1)(a) to (c) applies;
 (iii) a person covered by a previous application of this paragraph.

Acquisitions of interests in residential land by spouses and de facto partners of Australian citizens etc.
 (3) Both of the following apply:
 (a) the person is the spouse or de facto partner (within the meaning of the Acts Interpretation Act 1901) of:
 (i) a person who is, at the time of acquisition, an Australian citizen; or
 (ii) a person who is, at the time of acquisition, the holder of a permanent visa (within the meaning of the Migration Act 1958); or
 (iii) a person who is, at the time of acquisition, the holder of a special category visa (within the meaning of that Act); or
 (iv) a person who, if the person had entered Australia lawfully immediately before the acquisition, would have been entitled to the grant, on presentation of a passport, of a special category visa (within the meaning of that Act);
 (b) the interest is held by the person and his or her spouse or partner