Document ID: chunk:federal_register_of_legislation:C2024C00723:section:126:p2
Version: federal_register_of_legislation:C2024C00723
Segment Type: section
Provision Reference: s 126 (pt 2/2)
Character Range: 161726–163613

Note 1: Subsection (7) lists some of the evidence relevant to subparagraph (5)(b)(ii).
Note 2: For review of decisions under subparagraph (5)(b)(ii), see subsection (9).
 (6) For the purposes of this Chapter, a marital or couple relationship is taken to have begun at the beginning of the continuous period mentioned in paragraph (5)(a) or subparagraph (5)(b)(i).
 (7) For the purpose of subparagraph (5)(b)(ii), relevant evidence includes, but is not limited to, evidence establishing any of the following:
 (a) that the person was wholly or substantially dependent on that other person at the time;
 (b) that the persons were legally married to each other at the time;
 (c) that the persons' relationship was registered under a law of a State or Territory prescribed for the purposes of section 2E of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section;
 (d) that the persons had a child who was:
 (i) born of the relationship between the persons; or
 (ii) adopted by the persons during the period of the relationship; or
 (iii) a child of both of the persons within the meaning of the Family Law Act 1975;
 (e) that the persons jointly owned a home which was their usual residence.

Meaning of living with a person
 (8) For the purposes of this Chapter, a person is taken to be living with another person if the Minister is satisfied that the person would have been living with that other person except for a period of:
 (a) temporary absence; or
 (b) absence because of special circumstances (for example, absence because of the person's illness or infirmity).
Note: For review of decisions under subsection (8), see subsection (9).

Applications for review
 (9) Applications may be made to the Administrative Review Tribunal for review of decisions of the Minister under paragraph (4)(c), subparagraph (5)(b)(ii) or subsection (8).