Document ID: chunk:federal_register_of_legislation:C2018A00080:clause:1_28
Version: federal_register_of_legislation:C2018A00080
Segment Type: clause
Provision Reference: sch 1 cl 28
Character Range: 17165–19192

28  Transitional provision—amendments do not decrease existing benefits
(1) This item applies if:
 (a) apart from this item, the amendments of an Act made by this Part would reduce (including to nil) the amount of a benefit (the existing beneficiary's post‑commencement benefit) payable under the Act to or for a person (the existing beneficiary):
 (i) for a day (the post‑commencement day) occurring on or after the commencement of this item; and
 (ii) because of the death of a person (the deceased person); and
 (b) apart from this item, the amendments would increase (including from nil) the amount of a benefit (the new beneficiary's post‑commencement benefit) payable under that Act to or for a person (the new beneficiary) other than the existing beneficiary:
 (i) for the post‑commencement day; and
 (ii) because of the death of the deceased person, or a spouse of the deceased person; and
 (c) a benefit was payable under that Act:
 (i) to or for the existing beneficiary; or
 (ii) to another person in respect of the existing beneficiary;
  in relation to the death of the deceased person, or a spouse of the deceased person, for the day occurring immediately before that commencement.
(2) The amount of the existing beneficiary's post‑commencement benefit for the post‑commencement day is increased to what it would have been if this Part had not been enacted.
(3) If there is only one new beneficiary, the amount of the new beneficiary's post‑commencement benefit for the post‑commencement day is reduced by the amount of the increase mentioned in subitem (2).
(4) If there is more than one new beneficiary:
 (a) the total amount of the new beneficiaries' post‑commencement benefits for the post‑commencement day is reduced by the amount of the increase mentioned in subitem (2); and
 (b) that reduction is applied to each new beneficiary's post‑commencement benefit in proportion to his or her share of the total.

Part 3—Other amendments

Judges and Governors‑General Legislation Amendment (Family Law) Act 2012