The 30 day period is a U.S thing and no clear definition is in force in Aus. It is very much up to the ATO and how they view it but a general ruling is the following:
www.ato.gov.au/law/view/document?docid=TXR/TR20081/NAT/ATO/00001
It is all about intent and like most things if you have clear documentation about why you made said decisions and acted upon them it can justify the sale and repurchase. One could be a chartist, or a day trader etc.
And it also relies on them data matching the sale/purchase.
No advise just my thoughts.
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