Document ID: chunk:federal_register_of_legislation:F2023C00489:reg:5
Version: federal_register_of_legislation:F2023C00489
Segment Type: reg
Provision Reference: reg 5
Character Range: 11708–12593

5  Meaning of ordinarily resident in Australia
An individual is ordinarily resident in Australia if, at a particular time:
 (a) one of the following applies to the individual:
 (i) the individual 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 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; and
 (b) the individual was in Australia for 200 or more days in the 12 months immediately preceding that time.