6Spouses

6 Spouses

6 Spouses

(1) A person is the spouse of another person if, on the commencement date of the eligible transaction—

(a) they are legally married, or

(b) the person is the de facto partner of the other person.

Note.

“De facto partner” is defined in section 21C of the Interpretation Act 1987.

(2) A person to whom an applicant for a first home owner grant is legally married is not to be regarded as the applicant’s spouse if the Chief Commissioner is satisfied that—

(a) the applicant was not cohabiting with the person on the commencement date of the eligible transaction, and

(b) at the time of deciding the application, the applicant is not cohabiting with the person and has no intention of resuming cohabitation.

s 6: Am 2009 No 51, Sch 3 [3] [4]; 2010 No 19, Sch 3.39 [2] [3].