PART 2
-
KEY CONCEPTS AND OTHER DEFINITIONS
Division 2
-
Interpretation
SECTION 20
DEFINITION OF
DEPENDANT
20(1)
[Dependant]
For the purposes of this Act,
dependant
, in relation to a person, includes the spouse of the person, any child of the person and any person with whom the person has an interdependency relationship.
History
S 20(1) amended by No 102 of 2004, s 3 and Sch 2 item 5, by substituting
"
of the person, any child of the person and any person with whom the person has an interdependency relationship
"
for
"
and any child of the person
"
, applicable to the doing of things after the commencement of those items.
20(2)
[Spouse]
The
spouse
, in relation to a person, includes:
(a)
another person (whether of the same sex or a different sex) with whom the person is in a relationship that 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)
another person who, although not legally married to the person, lives with the person on a genuine domestic basis in a relationship as a couple.
History
S 20(2) amended by No 46 of 2011, s 3 and Sch 2 item 994, by substituting
"
section 2E
"
for
"
section 22B
"
in para (a), effective 27 December 2011. No 46 of 2011, s 3 and Sch 3 items 10 and 11 contain the following saving and transitional provisions:
10 Saving
-
appointments
10
The amendments made by Schedule 2 do not affect the validity of an appointment that was made under an Act before the commencement of this item and that was in force immediately before that commencement.
11 Transitional regulations
11
The Governor-General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments and repeals made by Schedules 1 and 2.
No 46
S 20(2) substituted by No 134 of 2008, s 3 and Sch 4 item 1, applicable to the 2008-2009 year of income and later years. S 20(2) formerly read:
20(2)
The
spouse
, in relation to a person, includes another person who, although not legally married to the person, lives with the person on a genuine domestic basis as the husband or wife of the person.
20(3)
[Child]
Any
child
, in relation to a person, includes:
(a)
a stepchild, an ex-nuptial child or an adopted child of the person; and
(b)
a child of the person
'
s spouse; and
(c)
someone who is a child of the person within the meaning of the
Family Law Act 1975
.
History
S 20(3) substituted by No 134 of 2008, s 3 and Sch 4 item 1, applicable to the 2008-2009 year of income and later years. S 20(3) formerly read:
20(3)
Any
child
, in relation to a person, includes a step-child, an ex-nuptial child or an adopted child of the person.
20(4)
[Adopted child]
An
adopted child
, in relation to a person, means a person adopted by that person:
(a)
under the law of a State or Territory relating to the adoption of children; or
(b)
under the law of any other place relating to the adoption of children, if the validity of the adoption would be recognised under the law of any State or Territory.