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CRIMINAL CODE 1899 - SECT 119A
family
(1) Each of the following is a member of a person’s
"family" — (a) a spouse of the person;
(b) a child of the person;
(c) a
parent, grandparent, grandchild or sibling of the person, including— (i) if
the person is an Aboriginal person, a person— (A) who is recognised under
Aboriginal tradition as a member of the Aboriginal person’s family; and
Example— ‘Aboriginal tradition’ is defined under the
Acts Interpretation Act 1954 . See schedule 1 of that Act.
(B) with whom
the Aboriginal person has a relationship like that between an individual and a
parent, grandparent, grandchild or sibling of the individual; or
(ii) if the
person is a Torres Strait Islander, a person— (A) who is recognised under
Island custom as a member of the Torres Strait Islander’s family; and
Example— ‘Island custom’ is defined under the
Acts Interpretation Act 1954 . See schedule 1 of that Act.
(B) with whom
the Torres Strait Islander has a relationship like that between an individual
and a parent, grandparent, grandchild or sibling of the individual.
(2) For
subsection (1) (b) — (a) a biological, adopted, step or foster child of a
person is a child of the person; and
(b) an individual who is under 18 years
and ordinarily a member of a person’s household is also a child of the
person; and
(c) if a person is an Aboriginal person, an individual who is
recognised under Aboriginal tradition as a child of the person is also a child
of the person; and
(d) if a person is a Torres Strait Islander, an individual
who is recognised under Island custom as a child of the person is also a child
of the person.
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