Document ID: chunk:federal_register_of_legislation:C2004A03392:body:0:p44
Version: federal_register_of_legislation:C2004A03392
Segment Type: other
Provision Reference: 
Character Range: 109166–111904

or pensioner immediately before that death if the child had been born before that death; and
           (b) in relation to a person, being the widow, widower, wife or husband of a deceased contributor or a deceased pensioner, a child of the person who is—
              (i) a child of the kind referred to in sub-paragraph (a) (i);

              (ii) a child of the kind referred to in sub-paragraph (a) (ii); or
              (iii) a child—
                (a) of the kind referred to in sub-sub-paragraphs (a) (iii) (A) and (B); and
                (b) who was born before the death of the contributor or pensioner and, in the opinion of the Commissioner, was wholly or substantially dependent upon the contributor or pensioner immediately before that death;";
     (b) by omitting from sub-section (1) the definition of "The Commissioner for Superannuation" and substituting the following definition:
         " 'The Commissioner' or 'the Commissioner for Superannuation' means the Commissioner for Superannuation under the Superannuation Act 1976;"; and
     (c) by adding at the end the following sub-sections:
     "(10) A reference in the definition of 'eligible child' in sub-section. (1) to an anniversary of the birth of a person shall be read as a reference to the day on which the anniversary occurred or occurs.
     "(11) Where a person was born on 29 February in any year, then, in any subsequent year that is not a leap year, the anniversary of the birth of the person shall, for the purposes of this Act, be deemed to occur on 1 March of that subsequent year.".

Pension to spouse and children on death of contributor
79. Section 46 of the Principal Act is amended by omitting from sub-sections (3) and (4) "each child of the contributor or of the widow or widower who is an eligible child" and substituting "each eligible child of the contributor and each eligible child of the widow or widower".

Pension to spouse and children on death of pensioner
80. Section 47 of the Principal Act is amended by omitting from sub-sections (3) and (4) "each child of the pensioner or of the widow or widower who is an eligible child" and substituting "each eligible child of the pensioner and each eligible child of the widow or widower".

Pension to orphans on death of contributor or pensioner
81. Section 48 of the Principal Act is amended by omitting from sub-section (1) "each child of the contributor or pensioner or of the wife or husband of the contributor or pensioner who is an eligible child" and substituting "each eligible child of the contributor or pensioner and each eligible child of the wife or husband of the contributor or pensioner".

Special grants of pension
82. Section 48ab of the Principal Act is amended