Document ID: chunk:federal_register_of_legislation:C2004A02942:body:0:p8
Version: federal_register_of_legislation:C2004A02942
Segment Type: other
Provision Reference: 
Character Range: 18297–20979

Australia;".

Rate of age or invalid pension
17. Section 28 of the Principal Act is amended by omitting sub-paragraphs (1a) (a) (i) to (iv) (inclusive) and substituting the following sub-paragraphs:
"(i) a pension under this Part;
(ii) a benefit under Part VII;
(iii) an allowance under Part VIIA;
(iv) a rehabilitation allowance under Part VIII;
(v) a service pension under the Repatriation Act 1920; or
(vi) an allowance under section 9 of the Tuberculosis Act 1948".

Supplementary assistance
18. Section 30a of the Principal Act is amended—
(a) by omitting sub-section (3ab) and substituting the following sub-section:
     "(3ab) An allowance under this section is not payable to a person during any period during which the spouse of the person, being a spouse who is living with the person in their matrimonial home, is entitled to receive an incentive allowance under section 26 or 133ja."; and
(b) by omitting from sub-section (7) "a dependent female and the husband
    of a dependent female, but does not include a person (other than a dependent female or the husband of a dependent female)" and substituting "a de facto spouse, but does not include a person (other than a de facto spouse)".

Repeal of sections 48a, 51 and 52
19. Sections 48a, 51 and 52 of the Principal Act are repealed.

Interpretation
20. Section 59 of the Principal Act is amended—
(a) by omitting from sub-section (1) the definitions of "benevolent
home", "Government rent" and "rent"; and
(b) by adding at the end thereof the following sub-section:
"(5) For the purposes of this Part, where—
      (a) a purported marriage that is void has taken place (whether before or after the commencement of this sub-section);
      (b) the Director-General is of the opinion that the woman who was a party to the purported marriage believed, at the time when the purported marriage took place, that the purported marriage was valid; and
      (c) the man who was a party to the purported marriage has deserted that woman for a period of not less than 6 months otherwise than in circumstances in which, if that man and that woman had been married, there would have been just cause for that man to desert that woman,
that woman shall be deemed to be a deserted wife.".

Repeal of section 59b
21. Section 59b of the Principal Act is repealed.

Qualifications for widow's pension
22. Section 60 of the Principal Act is amended—
   (a) by omitting from paragraph (1) (d) "or in an area that was, at the time of that occurrence, an external Territory, other than Norfolk Island"; and
(b) by inserting after sub-section (1) the following sub-section:
"(1a) Where a woman ceases to be qualified to receive a widow's