Document ID: chunk:federal_register_of_legislation:C2004A02942:body:0:p26
Version: federal_register_of_legislation:C2004A02942
Segment Type: other
Provision Reference: 
Character Range: 62789–64506

(1)               the following definition:
"'child', in relation to a seaman, includes—
(a) an ex-nuptial child; and
      (b) a child adopted under the law of any place, whether in Australia or not, relating to the adoption of children;"; and
(b) by omitting from sub-section (1) the definition of "dependant" and  substituting the following definition:
"'dependant', in relation to a deceased seaman, means—
(a) a member of the family of the seaman;
      (b) a person to whom the seaman stood in loco parentis or who stood in loco parentis to the seaman; or
      (c) if the seaman was an ex-nuptial child, any parent or grandparent of the seaman,
    who was wholly or in part dependent upon the earnings of the seaman at the date of the death of the seaman, or who would, but for the incapacity of the seaman due to the injury to the seaman, have been so dependent;"; and
(c) by omitting from sub-section (1) the definition of "member of the family"               and substituting the following definition:
"'member of the family', in relation to a seaman, means—
(a) the spouse of the seaman;

      (b) a parent, grandparent, step-parent, child, grandchild, step-child, sibling or parent-in-law of the seaman; or
(c) a person of the opposite sex to the seaman who—
        (i) for not less than 3 years immediately prior to the death or incapacity of the seaman, lived with the seaman as the spouse of the seaman on a bona fide domestic basis although not legally married to that seaman;
(ii) was wholly or mainly maintained by the seaman; and
(iii) at the date of the death or incapacity of the seaman—
(a) was maintaining 1 or more children under 16 years of age; or
(b) was not less than 50 years of age;".