Document ID: chunk:federal_register_of_legislation:C2025C00162:section:1067c:p1
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 1067C (pt 1/3)
Character Range: 1765191–1767780

1067C  Member of a YA couple

Current member of a YA couple
 (1) Subject to this section, a person is a member of a YA couple for the purposes of sections 1067A and 1067B if:
 (a) the person is legally married to another person and is not, in the Secretary's opinion (formed as mentioned in subsection (3)), living separately and apart from the other person on a permanent or indefinite basis; or
 (aa) both of the following conditions are met:
 (i) a relationship between the 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;
 (ii) the person is not, in the Secretary's opinion (formed as mentioned in subsection (3)), living separately and apart from the other person on a permanent or indefinite basis; or
 (b) all of the following conditions are met:
 (i) the person has a relationship with another person, whether of the same sex or a different sex (partner);
 (ii) the person is not legally married to the partner;
 (iii) the relationship has existed for a continuous period of at least 12 months;
 (iv) in the Secretary's opinion (formed as mentioned in subsections (3) and (4)), the relationship is, and has for a continuous period of at least 12 months been, a de facto relationship;
 (v) if, at the time the relationship became a de facto relationship, the person and the partner were living in Australia—both the person and the partner were over the age of consent applicable in the State or Territory in which they lived at that time;
 (vi) if, at the time the relationship became a de facto relationship, the person and the partner were living outside Australia—both the person and the partner were over the age of consent applicable in the State or Territory in which they first lived after that time;
 (vii) the person and the partner are not within a prohibited relationship.

Former member of a YA couple
 (2) Subject to this section, a person has been a member of a YA couple for the purposes of sections 1067A and 1067B if:
 (a) the person has been legally married to another person (whether or not they are still legally married) and was not, in the Secretary's opinion (formed as mentioned in subsection (3)), living separately and apart from the other person, on a permanent or indefinite basis, at all times while so married; or
 (aa) both of the following conditions are met:
 (i) a relationship between the person and another person (whether of