Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.