Document ID: chunk:federal_register_of_legislation:C2007A00163:clause:1_9e:p2
Version: federal_register_of_legislation:C2007A00163
Segment Type: clause
Provision Reference: sch 1 cl 9E (pt 2/2)
Character Range: 12525–13968

of decisions under subparagraph (5)(b)(ii), see subclause (9).

 (6) For the purposes of this Act, a marital 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 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;
 (d) that the persons jointly owned a home which was their usual residence.

Meaning of living with a person

 (8) For the purposes of this Act, 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 subclause (8), see subclause (9).

Applications for review

 (9) Application may be made to the Administrative Appeals Tribunal for review of a decision by the Minister under paragraph (4)(c), subparagraph (5)(b)(ii) or subclause (8).