GOVERNOR-GENERAL ACT 1974 - SECT 2B Marital or couple relationship

GOVERNOR-GENERAL ACT 1974 - SECT 2B

  (1)   In this section and section   2C:

"deceased person" means a person who was, at the time of his or her death, the Governor - General or a person who has at any time after the commencement of this Act held that office.

  (2)   For the purposes of this Act, a person had a marital or couple relationship with a deceased person at a particular time if the person ordinarily lived with the deceased person as the deceased person's husband, wife, spouse or partner on a permanent and bona fide domestic basis at that time.

  (3)   For the purpose of subsection   (2), a person is to be regarded as ordinarily living with a deceased person as the deceased person's husband, wife, spouse or partner on a permanent and bona fide domestic basis at a particular time only if:

  (a)   the person had been living with the deceased person as the deceased person's husband, wife, spouse or partner for a continuous period of at least 3 years up to that time; or

  (b)   the person had been living with the deceased person as the deceased person's husband, wife, spouse or partner for a continuous period of less than 3 years up to that time and the Finance Secretary, having regard to any relevant evidence, is of the opinion that the person ordinarily lived with the deceased person as the deceased person's husband, wife, spouse or partner on a permanent and bona fide domestic basis at that time;

whether or not the person was legally married to the deceased person.

  (4)   For the purpose of subsection   (3), relevant evidence includes, but is not limited to, evidence establishing any of the following:

  (a)   the person was wholly or substantially dependent on the deceased person at the time;

  (b)   the persons were legally married to each other at the time;

  (ba)   the persons' relationship was registered under a law of a State or Territory prescribed for the purposes of section   2E of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section;

  (c)   the persons had a child who was:

  (i)   born of the relationship between the persons; or

  (ii)   adopted by the persons during the period of the relationship; or

  (iii)   a child of both of the persons within the meaning of the Family Law Act 1975 ;

  (d)   the persons jointly owned a home which was their usual residence.

  (5)   For the purposes of this section, a person is taken to be living with the deceased person if the Finance Secretary is satisfied that the person would have been living with the deceased person except for a period of:

  (a)   temporary absence; or

  (b)   absence because of special circumstances (for example, absence because of the person's illness or infirmity).

  (6)   For the purposes of this section, a person is the partner of another person if the two persons have a relationship as a couple (whether the persons are the same sex or different sexes).