Document ID: chunk:federal_register_of_legislation:C2007A00163:clause:1_9d:p1
Version: federal_register_of_legislation:C2007A00163
Segment Type: clause
Provision Reference: sch 1 cl 9D (pt 1/2)
Character Range: 7224–9931

9D  Death benefits

 (1) A payment is payable under this section if:
 (a) a Federal Magistrate, or a retired disabled Federal Magistrate, who has not attained the age of 65 years dies; and
 (b) the Magistrate leaves one or more eligible spouses or eligible children.

Amount

 (2) The amount of the payment is the amount of the Commonwealth superannuation contribution (if any) the Magistrate would have been entitled to, under a determination under subclause 8(1), during the period in subclause (3) if:
 (a) the Magistrate had neither died nor retired before the end of that period; and
 (b) the amount of the Commonwealth superannuation contribution the Magistrate was entitled to under that determination did not change during that period.

 (3) The period in this subclause is the period:
 (a) beginning on the day on which the Magistrate died; and
 (b) ending on the day on which the Magistrate would have attained the age of 65 years.

Beneficiaries

 (4) The beneficiaries in respect of the payment are each eligible spouse and eligible child the Magistrate leaves.

 (5) If there is only one beneficiary in respect of the payment, the payment is payable to the beneficiary.

 (6) If there is more than one beneficiary in respect of the payment, the payment is payable to the beneficiaries in the proportions (totalling 100% of the amount of the payment) the Minister considers appropriate, having regard to the respective circumstances of each beneficiary.

Note: For review of decisions under subclause (6), see subclause (10).

Beneficiaries—eligible children

 (7) If the payment (or a proportion of the payment) is payable to an eligible child, the Minister may, in writing, direct that:
 (a) some or all of the payment or proportion be paid to a specified person for the benefit of the child (including for the support or education of the child); or
 (b) if the Minister is satisfied that, by reason of special circumstances, it is desirable to do so in the interests of the child—some or all of the payment or proportion be spent in a specified manner for the benefit of the child.

Note: For review of decisions under subclause (7), see subclause (10).

 (8) The Minister may be requested to give a direction under subclause (7) in respect of an eligible child.

 (9) On receiving an application, the Minister must:
 (a) if he or she is satisfied that he or she should make a direction in respect of the child—give such a direction; or
 (b) if he or she is not so satisfied—refuse to give such a direction.

Note: For review of decisions under paragraph (9)(b), see subclause (10).

Applications for review

 (10) Application may be made to the Administrative Appeals Tribunal for review