Document ID: chunk:federal_register_of_legislation:C2024C00500:section:4:p4
Version: federal_register_of_legislation:C2024C00500
Segment Type: section
Provision Reference: s 4 (pt 4/7)
Character Range: 12382–15024

flag lifting agreement within the meaning of Part VIIIC of the Family Law Act 1975 or for a splitting order within the meaning of that Part—the time that is the operative time for the purposes of that Part in relation to a payment split under the agreement or order.
original interest means a superannuation interest to which section 17AA applies.
Papua New Guinea Judge means a Judge of the Supreme Court of Papua New Guinea who was first appointed as such a Judge before 1 December 1973.
partner: a person is the partner of another person if the two persons have a relationship as a couple (whether the persons are the same sex or different sexes).
payment split means a payment split within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.
Pension Orders means Pension Orders made under subsection 17AI(1).
period of exempt service:
 (a) in relation to a Judge who has prior judicial service—means any period in that service in respect of which no superannuation contributions surcharge was assessed to be payable on the Judge's surchargeable contributions under the Superannuation Contributions Tax (Assessment and Collection) Act 1997; or
 (b) in relation to a person:
 (i) who is a Judge because of paragraph (b) of the definition of Judge in this subsection; or
 (ii) who, having been a presidential member of the former Administrative Appeals Tribunal, is taken to be a Judge for the purposes of this Act because of repealed section 16 of the Administrative Appeals Tribunal Act 1975 (including that section as it continues to apply because of item 34 of Schedule 1 to the Administrative Appeals Tribunal Amendment Act 2005);
  and the period of whose service as a Judge began before 21 August 1996—means the part of that period of service before that date.
period of service as a Judge has a meaning affected by subsection (2).
permanently incapacitated has the meaning given by subsection 17AB(4).
prior judicial service, in relation to a Judge or retired Judge, means:
 (a) service as a Judge or acting Judge of a court of a State or of the Supreme Court of Papua New Guinea;
 (ab) service as a Judge or acting Judge of the Supreme Court of the Northern Territory, including that Court as in existence at any time before the commencement of the Northern Territory Supreme Court (Repeal) Act 1979;
 (ac) service as a Judge or acting Judge of the Supreme Court of the Australian Capital Territory;
 (b) service, including acting service, in a State office the holder of which may qualify for a pension or retiring allowance under the law of a State relating to pensions or retiring allowances payable to retired Judges;