Document ID: chunk:federal_register_of_legislation:C2024C00866:section:123
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 123
Character Range: 1596958–1599261

123  Interpretation
 (1) In this section and sections 123A to 123E (inclusive):
applicable sections means this section and sections 123A to 123E (inclusive).
child, in relation to a person who has died (in this definition called the deceased), means:
 (a) a person who is a child of the deceased within the meaning of section 10;
 (b) a person who was a natural child of the deceased; or
 (ba) someone who was a child of the deceased within the meaning of the Family Law Act 1975; or
 (c) a person who was adopted by the deceased or by the deceased and the deceased's partner or non‑illness separated spouse.
parent, in relation to a person who has died, means someone whose child the person was.
sibling, in relation to a person who has died, means someone who was a sister, half‑sister, brother or half‑brother of the person.
waiting period, in relation to a person, means the period of 12 months commencing on:
 (a) if subparagraph 123A(2)(c)(i) applies to the person—the death of the person; or
 (b) if subparagraph 123A(2)(c)(ii) applies to the person—the date of the grant of the claim.
 (2) For the purposes of paragraph (a) of the definition of child in subsection (1), a person shall be taken to be a child even though the person is in receipt of a pension, benefit or allowance of a kind referred to in the definition of child in subsection 5F(1).
 (3) A reference in the applicable sections to an executor of a will includes a reference to:
 (a) an executor of the will by representation; and
 (b) if probate of the will has been granted and a person has subsequently been granted administration of the unadministered assets covered by the will—that person.
 (4) A reference in the applicable sections to the person to whom a grant of letters of administration with a will annexed has been made includes a reference to a person who has subsequently been granted administration of the unadministered assets covered by the will.
 (5) A reference in the applicable sections, in relation to an approval of a payment, to a person who is known is a reference to a person:
 (a) who is alive at the time of the approval; and
 (b) whose existence and whereabouts are known to the Commission at that time.
Note: Sections 123 to 123E do not apply if Subdivision C of Division 12A of Part IIIB applies.