Commonwealth Consolidated Acts

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RETIREMENT SAVINGS ACCOUNTS ACT 1997 - SECT 20

Definition of dependant

             (1)  For the purposes of this Act, dependant , in relation to a person, includes the spouse of the person, any child of the person and any person with whom the person has an interdependency relationship.

             (2)  The spouse , in relation to a person, includes:

                     (a)  another person (whether of the same sex or a different sex) with whom the person is in a relationship that is registered under a law of a State or Territory prescribed for the purposes of section 22B of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section; and

                     (b)  another person who, although not legally married to the person, lives with the person on a genuine domestic basis in a relationship as a couple.

             (3)  Any child , in relation to a person, includes:

                     (a)  a stepchild, an ex‑nuptial child or an adopted child of the person; and

                     (b)  a child of the person's spouse; and

                     (c)  someone who is a child of the person within the meaning of the Family Law Act 1975 .

             (4)  An adopted child , in relation to a person, means a person adopted by that person:

                     (a)  under the law of a State or Territory relating to the adoption of children; or

                     (b)  under the law of any other place relating to the adoption of children, if the validity of the adoption would be recognised under the law of any State or Territory.



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