Commonwealth Numbered Acts

SUPERANNUATION LEGISLATION AMENDMENT ACT (No. 2) 1986 No. 151, 1986 - SECT 78

78. Section 4 of the Principal Act is amended-
(a) by omitting from sub-section (1) the definition of "eligible child" and
substituting the following definition:

" 'eligible child' means-

   (a)  in relation to a deceased contributor or deceased pensioner, a child
        of the contributor or pensioner who is-

        (i)    a child the 16th anniversary of whose birth has not occurred;

        (ii)   a child-

                (A)  the 16th anniversary of whose birth has occurred but the
                     21st anniversary of whose birth has not occurred; and

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

        (iii)  a child-

                (A)  the 21st anniversary of whose birth has occurred but the
                     25th anniversary of whose birth has not occurred;

                (B)  who is receiving full-time education at a school, college
                     or university and is not ordinarily in employment or
                     engaged in work on his or her own account;

                (C)  where the child was born before the death of the
                     contributor or pensioner-who was living with, or, in the
                     opinion of the Commissioner, was wholly or substantially
                     dependent upon, the contributor or pensioner immediately
                     before that death; and

                (D)  where the child was born after the death of the
                     contributor or pensioner-who, in the opinion of the
                     Commissioner, would have been living with, or wholly or
                     substantially dependent upon the contributor 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.".