Document ID: chunk:federal_register_of_legislation:C2025C00162:section:1067c:p2
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 1067C (pt 2/3)
Character Range: 1767542–1770264

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 the same sex or a different sex) 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 (whether or not the relationship is still registered);
 (ii) the person 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 the relationship was registered; or
 (b) all of the following conditions are met:
 (i) the person had a relationship with another person, whether of the same sex or a different sex (partner);
 (ii) the person was not legally married to the partner;
 (iii) the relationship 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 between the person and the partner was, and had for a continuous period of at least 12 months or, in special circumstances determined by the Secretary, at least 6 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 were not within a prohibited relationship.

Criteria for forming opinion about relationship
 (3) In forming an opinion about the relationship between 2 people for the purposes of paragraph (1)(a), subparagraph (1)(aa)(ii), subparagraph (1)(b)(iv), paragraph (2)(a), subparagraph (2)(aa)(ii) or subparagraph (2)(b)(iv), the Secretary is to have regard to all the circumstances of the relationship including, in particular, the matters referred to in subsection 4(3).

People living separately and apart
 (4) The Secretary must not form the opinion that the relationship between a person and his or her partner is, or was, a de facto relationship if the person is, or was at the time in question, living separately and apart from the partner on a permanent or indefinite basis.

Moving to a State or Territory with