Queensland Consolidated Acts

PROPERTY LAW ACT 1974 - SECT 302

302 Government assistance

(1) The court must consider—

(a) the eligibility of either de facto partner for—

(i) an Australian pension, allowance or benefit that is not income tested; or

(ii) a foreign pension, allowance or benefit; and

(b) the amount of any pension, allowance or benefit mentioned in paragraph (a) being paid to either de facto partner.

(2) The court must disregard—

(a) the eligibility of either de facto partner for an Australian pension, allowance or benefit that is income tested; and

(b) the amount of any pension, allowance or benefit mentioned in paragraph (a) being paid to either de facto partner.

(3) For this section, whether an Australian pension, allowance or benefit is income tested depends on whether it is an income tested pension, allowance or benefit within the meaning of the Family Law Act 1975 (Cwlth) .

(4) In this section—

"Australian pension, allowance or benefit" means a pension, allowance or benefit under the law of the Commonwealth or a State.

"foreign pension, allowance or benefit" means a pension, allowance or benefit under the law of a foreign country.