Document ID: chunk:federal_register_of_legislation:C2008A00144:clause:10_5f
Version: federal_register_of_legislation:C2008A00144
Segment Type: clause
Provision Reference: sch 10 cl 5F
Character Range: 130311–131353

5F  Spouse

 (1) For the purposes of this Act, a person is the spouse of another person if, under subsection (2), the 2 persons are in a married relationship.

 (2) For the purposes of subsection (1), persons are in a married relationship if:
 (a) they are married to each other under a marriage that is valid for the purposes of this Act; and
 (b) they have a mutual commitment to a shared life as husband and wife to the exclusion of all others; and
 (c) the relationship between them is genuine and continuing; and
 (d) they:
 (i) live together; or
 (ii) do not live separately and apart on a permanent basis.

 (3) The regulations may make provision in relation to the determination of whether one or more of the conditions in paragraphs (2)(a), (b), (c) and (d) exist. The regulations may make different provision in relation to the determination for different purposes whether one or more of those conditions exist.

Note: Section 12 also affects the determination of whether the condition in paragraph (2)(a) of this section exists.