sec.9Meaning of spouse

sec.9 Meaning of spouse

Subject to subsections (2) to (6) , a spouse is a person who is— married; or a de facto partner; or See the Acts Interpretation Act 1954 , section 32DA . a civil partner. A person is a de facto partner of another person only if they are living together as a couple on a genuine domestic basis within the meaning of the Acts Interpretation Act 1954 , section 32DA , and, for at least 2 years, have so lived together as a couple. Subsection (4) applies if the commissioner is satisfied, when deciding an application for a first home owner grant, that— an applicant for the grant— is married but is living apart from the person to whom the applicant is married; or is in a registered relationship but is living apart from the person with whom the applicant is in a civil partnership; and the applicant and the person mentioned in paragraph (a) (i) or (ii) have no intention of again living together as a couple. The person to whom the applicant is married, or with whom the applicant is in a civil partnership, must not be regarded as the applicant’s spouse. Subsection (6) applies if the commissioner is satisfied, when deciding an application for a first home owner grant, an applicant for the grant— is living apart from the person who, under this section, would otherwise be the applicant’s de facto partner; and they intend to again live together as a couple on a genuine domestic basis within the meaning of the Acts Interpretation Act 1954 , section 32DA . The person must be regarded as the applicant’s spouse. This section applies despite the Acts Interpretation Act 1954 , section 32DA (6) . s 9 amd 2002 No. 17 s 13 ; 2002 No. 74 s 90 sch ; 2011 No. 46 s 56 ; 2012 No 12 s 59 sch pts 2 – 3 ; 2015 No. 33 s 52 sch pts 2 – 3 (sec.9-ssec.1) Subject to subsections (2) to (6) , a spouse is a person who is— married; or a de facto partner; or See the Acts Interpretation Act 1954 , section 32DA . a civil partner. (sec.9-ssec.2) A person is a de facto partner of another person only if they are living together as a couple on a genuine domestic basis within the meaning of the Acts Interpretation Act 1954 , section 32DA , and, for at least 2 years, have so lived together as a couple. (sec.9-ssec.3) Subsection (4) applies if the commissioner is satisfied, when deciding an application for a first home owner grant, that— an applicant for the grant— is married but is living apart from the person to whom the applicant is married; or is in a registered relationship but is living apart from the person with whom the applicant is in a civil partnership; and the applicant and the person mentioned in paragraph (a) (i) or (ii) have no intention of again living together as a couple. (sec.9-ssec.4) The person to whom the applicant is married, or with whom the applicant is in a civil partnership, must not be regarded as the applicant’s spouse. (sec.9-ssec.5) Subsection (6) applies if the commissioner is satisfied, when deciding an application for a first home owner grant, an applicant for the grant— is living apart from the person who, under this section, would otherwise be the applicant’s de facto partner; and they intend to again live together as a couple on a genuine domestic basis within the meaning of the Acts Interpretation Act 1954 , section 32DA . (sec.9-ssec.6) The person must be regarded as the applicant’s spouse. (sec.9-ssec.7) This section applies despite the Acts Interpretation Act 1954 , section 32DA (6) .