Document ID: chunk:federal_register_of_legislation:C2004A04476:body:0:p3
Version: federal_register_of_legislation:C2004A04476
Segment Type: other
Provision Reference: 
Character Range: 4981–7746

on or after 25 June 1993.

(2) The Superannuation Act 1976, as in force immediately before 25 June 1993, continues to apply in relation to any benefits payable under that Act in respect of a deceased person who was an eligible employee or retirement pensioner (within the meaning of that Act), and who died before 25 June 1993.

SCHEDULE Section 3

AMENDMENTS OF ACTS

Defence Force Retirement and Death Benefits Act 1973

Subsection 3(1) (paragraph (a) of the definition of "child"):

  Omit the paragraph, substitute:

   "(a) a person who:

       (i) is an ex-nuptial child of the member; or

         (ii) is, immediately before the member's death, a stepchild, an adopted child, a foster child or a ward, of the member; and".

Subsection 3(1) (subparagraph (b)(i) of the definition of "child"):

  (a)       Omit "the ex-nuptial child of the member, or".

  (b)      Omit "the widow of, substitute "a spouse who survives".

Subsection 3(1) (subparagraph (b)(ii) of the definition of "child"):

  Omit the subparagraph, substitute:

     "(ii) was wholly or substantially dependent upon the member at the time of the member's death;".

Subsection 3(1) (definitions of "widow" and "widow's pension"):

  Omit the definitions.

Subsection 3(1):

  Insert:

" 'spouse pension' means pension payable under Division 1 of Part VI;".

Subsection 3(4):

  Omit the subsection.

After section 6:

  Insert:

Marital relationship

"6A.(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

SCHEDULE—continued

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; 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 Authority, 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),