Document ID: chunk:federal_register_of_legislation:C2004A02942:body:0:p10
Version: federal_register_of_legislation:C2004A02942
Segment Type: other
Provision Reference: 
Character Range: 23119–25927

parent; and
(ii) the father or mother of the child,
as exceeds the rate of $312 per annum; and".

Pension granted to former resident of Australia, &c.
30. Section 83ad of the Principal Act is amended by omitting from paragraph (1) (a) all the words after "Australia" (second occurring).

Family allowance not payable in respect of child in receipt of payments under
prescribed education scheme
31. Section 95b of the Principal Act is amended by inserting in sub-section (2) "and Youth Affairs" after "Education".

Absence from Australia
32. Section 104 of the Principal Act is amended by omitting sub-section (2) and substituting the following sub-section:
"(2) A family allowance shall not be granted or paid by virtue of sub-section (1) unless the person to whom the family allowance is granted or paid is an absent resident.".

Interpretation
33. Section 105a of the Principal Act is amended by omitting from sub-section (1) the definition of "adopted child".

Interpretation
34. Section 105h of the Principal Act is amended by omitting sub-section (2) and substituting the following sub-section:
"(2) Where a husband—
(a) has the custody, care and control of a child; and
(b) is not living permanently apart from his wife,
that child shall, except where a handicapped child's allowance is not payable to the wife in respect of that child by reason other than that she does not have custody, care and control of that child, be deemed, for the purposes of this Part, to be in the sole custody, care and control of the wife.".

Interpretation
35. (1) Section 106 of the Principal Act is amended—
(a) by inserting after the definition of "claimant" in sub-section (1) the  following definition:
          "'de facto spouse' means a person who is living with another person of the opposite sex as the spouse of that other person on a bona fide domestic basis although not legally married to that other person;";
(b) by omitting from sub-section (1) the definitions of "dependent female" and               "friendly society" and substituting the following definitions:
"'friendly society' means a society—
      (a) registered or incorporated under a law of a State or of a Territory relating to friendly societies; and
(b) approved by the Director-General for the purposes of this definition,
and includes any other person who, or body that—
      (c) in the opinion of the Director-General is similar in character to, and provides benefits similar in nature to the benefits provided by, a friendly society; and
      (d) is approved by the Director-General for the purposes of this definition;
'husband' includes a male de facto spouse;";

(c) by omitting paragraph (b) of the definition of "income" in sub-section (1)               and substituting the following paragraph:
"(b) a payment under this Act;";