A does not commit an offence against a provision of this Subdivision if, at the time at which the offence is alleged to have been committed—
(a) A and the person who has a cognitive impairment or mental illness are married to each other and the marriage is recognised as valid under the Marriage Act 1961 of the Commonwealth; or
(b) A is the domestic partner of the person who has a cognitive impairment or mental illness.
The reference to A in this section is a reference to the same A referred to in the offence provisions in this Subdivision.
S. 52H inserted by No. 47/2016 s. 16.