24Person may be treated as not being a member of a couple (subsection 4(2))

#### 24 Person may be treated as not being a member of a couple (subsection 4(2)) (1) Where: (a) a person is legally married to another person; and (b) the person is not living separately and apart from the other person on a permanent or indefinite basis; and (c) the Secretary is satisfied that the person should, for a special reason in the particular case, not be treated as a member of a couple; the Secretary may determine, in writing, that the person is not to be treated as a member of a couple for the purposes of this Act. (1A) If: (a) a relationship between a person and another person (whether of the same sex or a different sex) is 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; and (b) the person is not living separately and apart from the other person on a permanent or indefinite basis; and (c) the Secretary is satisfied that the person should, for a special reason in the particular case, not be treated as a member of a couple; the Secretary may determine, in writing, that the person is not to be treated as a member of a couple for the purposes of this Act. (2) Where: (a) a person has a relationship with another person, whether of the same sex or a different sex (the partner); and (b) the person is not legally married to the partner; and (c) the relationship between the person and the partner is a de facto relationship; and (d) the Secretary is satisfied that the person should, for a special reason in the particular case, not be treated as a member of a couple; the Secretary may determine, in writing, that the person is not to be treated as a member of a couple for the purposes of this Act. (3) A determination made under subsection (1), (1A) or (2) is not a legislative instrument.