Document ID: chunk:federal_register_of_legislation:C2024C00582:section:45
Version: federal_register_of_legislation:C2024C00582
Segment Type: section
Provision Reference: s 45
Character Range: 113092–113848

45  When a person satisfies the Australian residency test
 (1) A person satisfies the Australian residency test on a day if, on that day, the person:
 (a) is an Australian resident; or
 (b) is a special category visa holder residing in Australia; or
 (c) satisfies subsection (2).

When a person satisfies this subsection
 (2) A person satisfies this subsection if:
 (a) the person is the holder of a visa determined by the Minister for the purposes of subparagraph 729(2)(f)(v) of the Social Security Act; and
 (b) either:
 (i) the person is in Australia; or
 (ii) the person is temporarily absent from Australia for not more than 6 weeks and the absence is an allowable absence in relation to special benefit within the meaning of Part 4.2 of that Act.