Document ID: chunk:federal_register_of_legislation:C2004A04476:body:0:p9
Version: federal_register_of_legislation:C2004A04476
Segment Type: other
Provision Reference: 
Character Range: 20546–23221

or

          (ii) but for the death of the deceased Judge, the child would have been wholly or substantially dependent on the deceased Judge.

Marital relationship

"4AB.(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 Attorney-General, 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.

SCHEDULE—continued

"(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).

"(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 Attorney-General is satisfied that the person would have been living with that other person except for a period of:

  (a)     temporary absence; or

    (b)     absence because of special circumstances (for example, absence because of the person's illness or infirmity).

Spouse who survives a deceased Judge

  "4AC.(1) In this section:

'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