Queensland Consolidated Acts

FIRST HOME OWNER GRANT AND OTHER HOME OWNER GRANTS ACT 2000 - SECT 9

9 Meaning of spouse

(1) Subject to subsections (2) to (6) , a
"spouse" is a person who is—

(a) married; or

(b) a de facto partner; or

Note—

See the Acts Interpretation Act 1954 , section 32DA .

(c) a civil partner.

(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.

(3) Subsection (4) applies if the commissioner is satisfied, when deciding an application for a first home owner grant, that—

(a) an applicant for the grant—

(i) is married but is living apart from the person to whom the applicant is married; or

(ii) is in a registered relationship but is living apart from the person with whom the applicant is in a civil partnership; and

(b) the applicant and the person mentioned in paragraph (a) (i) or (ii) have no intention of again living together as a couple.

(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.

(5) Subsection (6) applies if the commissioner is satisfied, when deciding an application for a first home owner grant, an applicant for the grant—

(a) is living apart from the person who, under this section, would otherwise be the applicant’s de facto partner; and

(b) 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 .

(6) The person must be regarded as the applicant’s spouse.

(7) This section applies despite the Acts Interpretation Act 1954 , section 32DA (6) .