Document ID: chunk:federal_register_of_legislation:C2025C00162:section:24
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 24
Character Range: 376667–378542

24  Person may be treated as not being a member of a couple (subsection 4(2))
 (1) Where:
 (a) a person is legally married to another person; and
 (b) the person is not living separately and apart from the other person on a permanent or indefinite basis; and
 (c) the Secretary is satisfied that the person should, for a special reason in the particular case, not be treated as a member of a couple;
the Secretary may determine, in writing, that the person is not to be treated as a member of a couple for the purposes of this Act.
 (1A) If:
 (a) a relationship between a person and another person (whether of the same sex or a different sex) is 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; and
 (b) the person is not living separately and apart from the other person on a permanent or indefinite basis; and
 (c) the Secretary is satisfied that the person should, for a special reason in the particular case, not be treated as a member of a couple;
the Secretary may determine, in writing, that the person is not to be treated as a member of a couple for the purposes of this Act.
 (2) Where:
 (a) a person has a relationship with another person, whether of the same sex or a different sex (the partner); and
 (b) the person is not legally married to the partner; and
 (c) the relationship between the person and the partner is a de facto relationship; and
 (d) the Secretary is satisfied that the person should, for a special reason in the particular case, not be treated as a member of a couple;
the Secretary may determine, in writing, that the person is not to be treated as a member of a couple for the purposes of this Act.
 (3) A determination made under subsection (1), (1A) or (2) is not a legislative instrument.