Document ID: chunk:federal_register_of_legislation:C2004A04476:body:0:p8
Version: federal_register_of_legislation:C2004A04476
Segment Type: other
Provision Reference: 
Character Range: 17898–20799

(c)      Omit "the widow or widower" (second occurring), substitute "the spouse".

Paragraph 4(3)(b):

  Omit "the widow or widower", substitute "a spouse".

After section 4:

  Insert:

SCHEDULE—continued

Allowance payable when there is more than one spouse

"4A.(1) If a person who held office or had held office as the Governor-General ('deceased person') dies leaving more than one spouse, the Commissioner must allocate any allowance payable to a spouse of the deceased person under this Act among the spouses.

"(2) Subject to subsection (3), an allowance is only payable to each spouse in accordance with the allocation.

  "(3) In making the allocation, the Commissioner must:

  (a)     have regard to the respective needs of each of the spouses; and

    (b)     ensure that the aggregate of the rates of allowance applicable to the spouses will not exceed 100% of the rate of allowance that would have been applicable to the deceased person under paragraph 4(3)(a); and

    (c)     ensure that the rate of allowance applicable to each spouse will not exceed the rate specified in paragraph 4(3)(b).

Application for review

"4B. Applications may be made to the Administrative Appeals Tribunal for the review of a decision of the Commissioner made under:

  (a)     paragraph 2B(3)(b); or

  (b)     subsection 2B(5); or

  (c)     subparagraph 2C(b)(iii); or

  (d)     subsection 4A(1).".

Judges' Pensions Act 1968

Subsection 4(1) (definitions of "child" and "eligible child"):

  Omit the definitions.

Subsection 4(1):

  Insert:

" 'child' means a child or an adopted child:

  (a)     who is under the age of 16 years; or

  (b)     who:

         (i) has reached the age of 16 years but is under the age of 25 years; and

         (ii) is receiving full-time education at a school, college or university;

'child of a marital relationship' means:

   (a)     a child born of a marital relationship; or

     (b)     a child adopted by the persons engaged in that relationship during the period of the relationship;

SCHEDULE—continued

'eligible child', in relation to a Judge or retired Judge who has died, has the meaning given by section 4AA;".

Subsection 4(2):

  Omit the subsection.

After section 4:

  Insert:

Meaning of eligible child

"4AA. For the purposes of this Act, a child is an eligible child of a Judge or retired Judge who has died ('deceased Judge') if:

   (a)     the child is a child of the deceased Judge; or

   (b)     the Attorney-General is of the opinion that:

         (i) at the time of the death of the deceased Judge, the child was wholly or substantially dependent on the deceased Judge; or

          (ii) but for the death of the deceased Judge, the child would have been wholly or substantially dependent on the deceased Judge.

Marital relationship

"4AB.(1) For the purposes of this Act, a person had a marital relationship with another