Document ID: chunk:federal_register_of_legislation:C2007A00163:clause:1_9e:p1
Version: federal_register_of_legislation:C2007A00163
Segment Type: clause
Provision Reference: sch 1 cl 9E (pt 1/2)
Character Range: 10134–12782

9E  Relationship definitions

Meaning of eligible spouse

 (1) For the purposes of this Act, subclauses (2), (3) and (4) set out the 3 circumstances in which a person is an eligible spouse of a Federal Magistrate, or a retired disabled Federal Magistrate, who dies.

 (2) A person is an eligible spouse of a Federal Magistrate who dies if the person had a marital relationship with the Magistrate at the time of the death of the Magistrate.

 (3) A person is an eligible spouse of a retired disabled Federal Magistrate who dies if:
 (a) the person had a marital relationship with the Magistrate at the time of the Magistrate's death; and
 (b) the marital relationship began:
 (i) before the Magistrate retired; or
 (ii) before the Magistrate attained the age of 60 years.

 (4) A person is an eligible spouse of a Federal Magistrate, or a retired disabled Federal Magistrate, who dies if:
 (a) the person had previously had a marital relationship with the Magistrate; and
 (b) the person did not, at the time of the Magistrate's death, have a marital relationship with the Magistrate but was legally married to him or her; and
 (c) in the Minister's opinion, the person was wholly or substantially dependent upon the Magistrate at the time of the Magistrate's death; and
 (d) in the case of a marital relationship that began after the Magistrate retired—the marital relationship began before the Magistrate attained the age of 60 years.

Note: For review of decisions under paragraph (4)(c), see subclause (9).

Meaning of marital relationship

 (5) For the purposes of this Act, a person had a marital relationship with another person at a particular time if:
 (a) the person had been living with the other person as the other person's husband or wife for a continuous period of at least 3 years up to that time; or
 (b) both:
 (i) the person had been living with the other person as the other person's husband or wife for a continuous period of less than 3 years up to that time; and
 (ii) the Minister, having regard to any relevant evidence, is of the opinion that the person ordinarily lived with the other person as the 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 the other person.

Note 1: Subclause (7) lists some of the evidence relevant to subparagraph (5)(b)(ii).

Note 2: For review of decisions under subparagraph (5)(b)(ii), see subclause (9).

 (6) For the purposes of this Act, a marital relationship is taken to have begun at the beginning of the continuous period mentioned in paragraph (5)(a) or subparagraph (5)(b)(i).

 (7) For the