Queensland Consolidated Acts Queensland Consolidated Acts(1) Subject to subsections (2) to (6), a spouse is a person who is—
(a) married; or
(b) a de facto partner; or
Editor's note—
See the Acts Interpretation Act 1954, section 32DA (Meaning of de facto partner).
(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 civil partnership 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).