Document ID: chunk:federal_register_of_legislation:C2004A04476:body:0:p13
Version: federal_register_of_legislation:C2004A04476
Segment Type: other
Provision Reference: 
Character Range: 31059–33751

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 Trust, 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.

"(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 Trust 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 the person's illness or infirmity.

SCHEDULE—continued

Spouse who survives a deceased person

  "4C.(1) In this section:

'deceased person' means a person who was, at the time of his or her death:

  (a)     a person who was entitled to a parliamentary allowance; or

    (b)     a person who was entitled to a retiring allowance, whether or not the retiring allowance was immediately payable;

'retired member' means a person who was entitled to a retiring allowance, whether or not the retiring allowance was immediately payable.

"(2) For the purposes of this Act, a person is a spouse who survives a deceased person if:

    (a)     the person had a marital relationship with the deceased person at the time of the death of the deceased person ('the death'); and

    (b)     in the case of a deceased person who was a retired member at the time of the death:

         (i) the marital relationship began before the retired member became a retired member; or

         (ii) the marital relationship began after the retired