Section 83 — Certain persons taken to be included in spouse, de facto partner or parent’s visa

83 Certain persons taken to be included in spouse, de facto partner or parent’s visa

(1) Where:

(a) a person’s name is included in the passport or other document of identity of the person’s spouse or de facto partner; and

(b) the person accompanies his or her spouse or de facto partner to Australia (whether before or after the commencement of this section);

the person shall be taken to be included in any visa granted to the spouse or de facto partner evidence of which is endorsed on the passport or other document of identity if, and only if, the person’s name is included in the endorsement. Note: Subsection 5(1) defines de facto partner and spouse. For the purposes of this section, those definitions apply only in relation to visas granted on or after 1 July 2009: see the Same-Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008. This section as in force before the amendment of this Act by that Act continues to apply in relation to visas granted before 1 July 2009.

(2) Where:

(a) the name of a child is included in the passport or other document of identity of a parent of the child; and

(b) the child accompanies that parent to Australia (whether before or after the commencement of this section);

the child shall be taken to be included in any visa granted to the parent evidence of which is endorsed on the passport or other document of identity if, and only if, the child’s name is included in the endorsement. Note: Subsection 5(1) defines child and parent. For the purposes of this section, those definitions apply only in relation to visas granted on or after 1 July 2009: see the Same-Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008.