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

> act-s83 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

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.