1067C. Member of a YA couple
1067C.(1) Current member of a YA couple
1067C.(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
- (b)
- all of the following conditions are met:
- (i)
- the person has a relationship with a person of the opposite 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 marriage‑like relationship;
- (v)
- if, at the time the relationship became a marriage‑like 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 marriage‑like 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 for the purposes of section 23B of the Marriage Act 1961.
1067C.(2) Former member of a YA couple
1067C.(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
- (b)
- all of the following conditions are met:
- (i)
- the person had a relationship with a person of the opposite 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 marriage‑like relationship;
- (v)
- if, at the time the relationship became a marriage‑like 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 marriage‑like 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 for the purposes of section 23B of the Marriage Act 1961.
1067C.(3) Criteria for forming opinion about relationship
1067C.(3) In forming an opinion about the relationship between 2 people for the purposes of paragraph (1)(a), subparagraph (1)(b)(iv), paragraph (2)(a) 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).
1067C.(4) People living separately and apart
1067C.(4) The Secretary must not form the opinion that the relationship between a person and his or her partner is, or was, a marriage‑like 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.
1067C.(5) Moving to a State or Territory with a higher age of consent
1067C.(5) For the purposes of calculating the period of 2 years referred to in subparagraphs (1)(b)(iii) and (iv) and (2)(b)(iii) and (iv), any period during which the couple in question lived in a State or Territory in which one or both of them was under the age of consent is to be disregarded.
Note: A prohibited relationship for the purposes of section 23B of the Marriage Act 1961 is a relationship between a person and:
(a) an ancestor of the person; or
(b) a descendant of the person; or
(c) a brother or sister of the person (whether of the whole blood or the part‑blood).
History
S.1067C inserted by Act No. 18, 1998, by s.4, Schedule 2(8);
