Document ID: chunk:federal_register_of_legislation:C2004A04476:body:0:p18
Version: federal_register_of_legislation:C2004A04476
Segment Type: other
Provision Reference: 
Character Range: 43947–46689

any of the surviving spouses);

SCHEDULE—continued

the Commissioner must determine the part of the pensions that is attributable to each eligible child.

"(8) If a pension is payable in accordance with an allocation under this section, the Commissioner may, having regard to:

    (a) the respective needs of each person to whom the allocation relates; and

(b) such other matters as the Commissioner considers relevant; vary that allocation from time to time.".

Superannuation Act 1976

Subsection 3(1) (definition of "spouse"):

  Omit the definition.

Subsection 3(2):

  Omit the subsection.

After section 8:

  Insert:

Marital relationship

"8A.(1) For the purposes of this Act, a person had a marital relationship with another person at a particular time if the person ordinarily lived with that other person as that other person's husband or wife on a permanent and bona fide domestic basis at that time.

"(2) For the purpose of subsection (1), a person is to be regarded as ordinarily living with another person as that other person's husband or wife on a permanent and bona fide domestic basis at a particular time only if:

    (a)     the person had been living with that other person as that other person's husband or wife for a continuous period of at least 3 years up to that time; or

    (b)     the person had been living with that other person as that other person's husband or wife for a continuous period of less than 3 years up to that time and the Commissioner, having regard to any relevant evidence, is of the opinion that the person ordinarily lived with that other person as that other person's husband or wife on a permanent and bona fide domestic basis at that time;

whether or not the person was legally married to that other person.

"(3) For the purposes of this Act, a marital relationship is taken to have begun at the beginning of the continuous period mentioned in paragraph (2)(a) or (b).

SCHEDULE—continued

"(4) For the purpose of subsection (2), relevant evidence includes, but is not limited to, evidence establishing any of the following:

    (a)     the person was wholly or substantially dependent on that other person at the time;

  (b)     the persons were legally married to each other at the time;

  (c)     the persons had a child who was:

      (i) born of the relationship between the persons; or

         (ii) adopted by the persons during the period of the relationship;

    (d) the persons jointly owned a home which was their usual residence.

"(5) For the purposes of this section, a person is taken to be living with another person if the Commissioner is satisfied that the person would have been living with that other person except for a period of:

  (a)     temporary