VICIn ForceAct
Duties Act 2000
3KWho is a *resident of Australia* for the purposes of the definition of *foreign natural person*?
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3K Who is a *resident of Australia* for the purposes of the definition of *foreign natural person*?
(1) For the purposes of paragraph (c) of the definition of ***foreign natural person*** and determining a liability for duty, a New Zealand citizen is taken to be a resident of Australia if the Commissioner is satisfied that the person has complied with, or will comply with, the residence requirement specified in subsection (2) in relation to—
(a) a dutiable transaction under which a land-related interest in residential property is transferred to the person; or
(b) an acquisition by the person of an interest in a landholder that holds a land-related interest in residential property.
(2) For the purposes of subsection (1), the residence requirement is that the person ordinarily resides in Australia for a continuous period of at least 6 months within a period—
(a) commencing 12 months prior to the date of the dutiable transaction or relevant acquisition; and
(b) ending 12 months after the date of the dutiable transaction or relevant acquisition.
(3) If satisfied that there is a good reason why a person cannot satisfy the residence requirement specified in subsection (2), the Commissioner may—
(a) reduce the duration of the period for which the person must ordinarily reside in Australia; or
(b) extend the period within which a person must complete a period of ordinarily residing in Australia.
S. 3L inserted by No. 48/2025 s. 22.