Document ID: chunk:federal_register_of_legislation:C2004A04476:body:0:p10
Version: federal_register_of_legislation:C2004A04476
Segment Type: other
Provision Reference: 
Character Range: 23014–25842

'deceased Judge' means a person who was, at the time of his or her death, a Judge or retired Judge.

"(2) For the purposes of this Act, a person is a spouse who survives a deceased Judge if:

    (a)     the person had a marital relationship with the deceased Judge at the time of the death of the deceased Judge ('the death'); and

    (b)     in the case of a deceased Judge who was a retired Judge at the time of the death:

         (i) the marital relationship began before the retired Judge became a retired Judge; or

         (ii) the marital relationship began after the retired Judge became a retired Judge but before the retired Judge reached 60; or

         (iii) in the case of neither subparagraph (i) nor (ii) applying—the marital relationship had continued for a period of at least 5 years up to the time of the death.

"(3) In spite of subsection (2), a person is taken to be a spouse who survives a deceased Judge if:

SCHEDULE—continued

     (a)     the person had previously had a marital relationship with the deceased Judge; and

     (b)     the person did not, at the time of the death, have a marital relationship with the deceased Judge but was legally married to the deceased Judge; and

     (c)     in the case of a marital relationship that began after the deceased person became a retired Judge and reached 60—the relationship began at least 5 years before the deceased person's death; and

     (d)     in the Attorney-General's opinion, the person was wholly or substantially dependent upon the deceased Judge at the time of the death.".

Subsection 7(1):

  Omit "widow or widower" (wherever occurring), substitute "spouse".

Subsection 8(1):

     (a)       Omit all the words before and including "before the retired Judge died;" and substitute "If a retired Judge dies leaving a spouse,".

  (b)      Omit "the widow or widower", substitute "the spouse".

Subsection 9(1):

     (a)       Omit "widow or widower" (first 3 occurrences), substitute "spouse".

     (b)      Omit "of the widow or widower or of the Judge (other than a child of any re-marriage of the widow or widower)", substitute "of the Judge,".

Subsection 10(1):

     (a)       Omit "widow or widower" (first 3 occurrences), substitute "spouse".

     (b)      Omit "of the widow or widower or of the retired Judge (other than a child of any re-marriage of the widow or widower)", substitute "of the retired Judge,".

Subsection 10(2):

  Omit the subsection, substitute:

  "(2) If a retired Judge entered into a marital relationship:

  (a)     after retirement; and

  (b)     after the retired Judge reached the age of 60; and

  (c)     less than 5 years before the retired Judge died;

pension is not, upon the retired Judge's death, payable under this section in respect of a child of that marital relationship.".