Commonwealth Consolidated Acts

FOREIGN ACQUISITIONS AND TAKEOVERS ACT 1975 - SECT 5A

             (1)  For the purposes of this Act, a natural person who is not an Australian citizen is ordinarily resident in Australia at a particular time if and only if:

                     (a)  the person 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, either:

                              (i)  the person is in Australia and the person's continued presence in Australia is not subject to any limitation as to time imposed by law; or

                             (ii)  the person is not in Australia but, immediately before the person's most recent departure from Australia, the person's continued presence in Australia was not subject to any limitation as to time imposed by law.

             (2)  For the purposes of paragraph (1)(b), but without otherwise limiting the generality of that paragraph, a person's continued presence in Australia is subject to a limitation as to time imposed by law if the person is an unlawful non‑citizen within the meaning of the Migration Act 1958 .