Document ID: chunk:federal_register_of_legislation:C2004A04476:body:0:p12
Version: federal_register_of_legislation:C2004A04476
Segment Type: other
Provision Reference: 
Character Range: 28225–31276

section 7, 8, 9, 10, 11 or 12) of the relevant pension in relation to the Judge or retired Judge.

"(5) The aggregate of the rates of pension payable under an allocation must not exceed 100% of the rate of the relevant pension in relation to the Judge or retired Judge.

  "(6) In this section:

'relevant pension', in relation to a retired Judge who has died, means the pension that would have been payable to the retired Judge if he or she had not died.".

After paragraph 17A(a):

  Insert:

  "(aa) a decision of the Attorney-General under paragraph 4AA(b);

  (aaa) a decision of the Attorney-General under paragraph 4AB(2)(b);

  (aab) a decision of the Attorney-General under subsection 4AB(5);

  (aac) a decision of the Attorney-General under paragraph 4AC(3)(d);".

Paragraph 17A(c):

  Omit "or".

Section 17A:

  Add at the end:

"; or (e) a decision of the Attorney-General under subsection 15A(1).".

SCHEDULE—continued

Parliamentary and Judicial Retiring Allowances Act 1973

After subsection 22(2):

  Insert:

"(2A) The provisions of the Principal Act applied under subsection (2) are to apply with the modifications specified in the Schedule.".

Add at the end:

"SCHEDULE Subsection 22(2A)

             MODIFICATIONS OF APPLIED PROVISIONS OF THE PRINCIPAL ACT

Subsection 22K(2):

  (a)      Omit "widow" (3 times occurring), substitute "spouse".

  (b)     Omit "was a male who".

  (c)      Omit "he", substitute "the deceased person".

  (d)     Omit "his" (twice occurring), substitute "the deceased person's".

  (e)      Omit "her" (first 2 occurrences), substitute "the spouse's".

  (f)       Omit "but ceasing upon her re-marriage".

Subsection 22K(3):

  (a)       Omit "was a male who".

  (b)      Omit "widow" (twice occurring), substitute "spouse".

  (c)       Omit "or was a female".

Subsection 22K(4):

  (a)       Omit "widow", substitute "spouse".

  (b)      Omit "or remarries".

  (c)       Omit "she", substitute "the spouse".

  (d)      Omit "her death or remarriage", substitute "the spouse's death".

Subsection 22M(3):

  Omit "widow", substitute "spouse".

Parliamentary Contributory Superannuation Act 1948

Subsection 4(1):

  Insert:

" 'former spouse', in relation to another person, means a person who previously had had a marital relationship with that other person;".

SCHEDULE—continued

After section 4A:

  Insert:

Marital relationship

"4B.(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;