Commonwealth Numbered Acts

SOCIAL SECURITY AND REPATRIATION LEGISLATION AMENDMENT ACT 1984 No. 78, 1984 - SECT 35

35. (1) Section 106 of the Principal Act is amended-

(a) by inserting after the definition of ''claimant'' in sub-section (1) the
following definition:

'' 'de facto spouse' means a person who is living with another person of the
opposite sex as the spouse of that other person on a bona fide domestic basis
although not legally married to that other person;'';

   (b)  by omitting from sub-section (1) the definitions of ''dependent
        female'' and ''friendly society'' and substituting the following
        definitions:

'' 'friendly society' means a society-

   (a)  registered or incorporated under a law of a State or of a Territory
        relating to friendly societies; and

   (b)  approved by the Director-General for the purposes of this definition,

and includes any other person who, or body that-

   (c)  in the opinion of the Director-General is similar in character to, and
        provides benefits similar in nature to the benefits provided by, a
        friendly society; and

   (d)  is approved by the Director-General for the purposes of this
        definition;

'husband' includes a male de facto spouse;'';

   (c)  by omitting paragraph (b) of the definition of ''income'' in
        sub-section (1) and substituting the following paragraph:

''(b) a payment under this Act;'';

   (d)  by omitting ''(other than this Act)'' from paragraph (c) of the
        definition of ''income'' in sub-section (1);

(e) by omitting from paragraph (i) of the definition of ''income'' all the
words after ''Forces'';

(f) by omitting from sub-section (1) the definition of ''married person'' and
substituting the following definition:

'' 'married person' includes a de facto spouse but does not include a person
(other than a de facto spouse) who is-

   (a)  a widow;

   (b)  a widower; or

   (c)  a person whose marriage has been dissolved but who has not remarried,

and 'spouse' has a corresponding meaning;'';

   (g)  by omitting from sub-section (1) the definitions of ''rent'' and
        ''Government rent'';

   (h)  by adding at the end of sub-section (1) the following definition:

'' 'wife' includes a female de facto spouse.''; and

   (j)  by inserting after sub-section (2) the following sub-section:

''(2A) Where a person-

   (a)  is qualified to receive a benefit under this Part; and

   (b)  is entitled to be paid a lump sum of money by the former employer of
        the person in consequence of the termination of the person's
        employment,

the person shall be deemed to have received the total amount of that lump sum
on the date on which that person's employment with the employer was
terminated.''.

(2) Section 106 of the Principal Act is amended by omitting '', (4A)'' from
the definition of ''dependant'' in sub-section (1).