Foreign Acquisitions and Takeovers Act 1975
View history note
Hide history noteAn individual who is not an Australian citizen is ordinarily resident in Australia at a particular time if and only if:
(a) the individual has actually been in Australia during 200 or more days in the period of 12 months immediately preceding that time; and
(b) at that time:
(i) the individual is in Australia and the individual ' s continued presence in Australia is not subject to any limitation as to time imposed by law; or
(ii) the individual is not in Australia but, immediately before the individual ' s most recent departure from Australia, the individual ' s continued presence in Australia was not subject to any limitation as to time imposed by law.
5(2)
Without limiting paragraph (1)(b), an individual ' s continued presence in Australia is subject to a limitation as to time imposed by law if the individual is an unlawful non-citizen within the meaning of the Migration Act 1958 .
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