5GAustralian residence definitions

#### 5G Australian residence definitions (1) In this Act, unless the contrary intention appears: > Australian resident has the meaning given by subsection (1AA). > holder, in relation to a visa, has the same meaning as in the Migration Act 1958. > permanent visa, special category visa and special purpose visa have the same meanings as in the Migration Act 1958. (1AA) An Australian resident is a person who: (a) resides in Australia; and (b) is one of the following: (i) an Australian citizen; (ii) the holder of a permanent visa; (iii) the holder of a special category visa who is likely to remain permanently in Australia; (iv) the holder of a special purpose visa who is likely to remain permanently in Australia. > Note 1: For holder, permanent visa and special purpose visa see subsection (1). > Note 2: Australian citizen is defined in the Australian Citizenship Act 2007. (1A) In deciding for the purposes of this Act whether or not a person resides in Australia, regard must be had to: (a) the nature of the accommodation used by the person in Australia; and (b) the nature and extent of the family relationships the person has in Australia; and (c) the nature and extent of the person’s employment, business or financial ties with Australia; and (ca) the nature and extent of the person’s assets located in Australia; and (cb) the frequency and duration of the person’s travel outside Australia; and (d) any other matter relevant to determining whether the person intends to remain permanently in Australia. (1AB) For the purposes of paragraph (1A)(b), family relationships are taken to include (without limitation): (a) relationships between partners; and (b) relationships of child and parent that arise if someone is the parent of a person under section 10A; and (c) any other relationship that would be a family relationship if a relationship mentioned in paragraph (a) or (b) is taken to be a family relationship. Papua New Guinea residents (2) For the purposes of this Act (other than Part VIIC), a person (other than an indigenous inhabitant of the Territory of Papua or the Territory of New Guinea) resident in Papua New Guinea immediately before it became an independent sovereign State, is taken to be an Australian resident so long as the person continues to reside in Papua New Guinea. (3) If: (a) a person who is receiving a service pension, income support supplement or a veteran payment is taken to be an Australian resident under subsection (2); and (b) the person’s partner was resident in Papua New Guinea after it became an independent sovereign State; the partner is, for the purposes of Parts III, IIIA, IIIAA and IIIB, also taken to be an Australian resident. (4) If: (a) a person who is receiving a service pension, income support supplement or a veteran payment is taken to be an Australian resident under subsection (2); and (b) the person’s non‑illness separated spouse was resident in Papua New Guinea after it became an independent sovereign State; the non‑illness separated spouse is, for the purposes of Parts III, IIIA, IIIAA and IIIB, also taken to be an Australian resident.