Document ID: chunk:federal_register_of_legislation:C2024C00500:section:4ac
Version: federal_register_of_legislation:C2024C00500
Segment Type: section
Provision Reference: s 4AC
Character Range: 24054–25647

4AC  Spouse who survives a deceased Judge
 (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 person had a marital or couple relationship with the deceased Judge at the time of the death of the deceased Judge (the death); and
 (b) in the case of a deceased Judge who was a retired Judge at the time of the death:
 (i) the marital or couple relationship began before the retired Judge became a retired Judge; or
 (ii) the marital or couple relationship began after the retired Judge became a retired Judge but before the retired Judge reached 60; or
 (iii) in the case of neither subparagraph (i) nor (ii) applying—the marital or couple relationship had continued for a period of at least 5 years up to the time of the death.
 (3) In spite of subsection (2), a person is taken to be a spouse who survives a deceased Judge if:
 (a) the person had previously had a marital or couple relationship with the deceased Judge; and
 (b) the person did not, at the time of the death, have a marital or couple relationship with the deceased Judge but was legally married to the deceased Judge; and
 (c) in the case of a marital or couple relationship that began after the deceased person became a retired Judge and reached 60—the relationship began at least 5 years before the deceased person's death; and
 (d) in the Minister's opinion, the person was wholly or substantially dependent upon the deceased Judge at the time of the death.