CONSTITUTION ACT 1975 - SECT 5A Definitions relating to pensions

CONSTITUTION ACT 1975 - SECT 5A

S. 5A(1) amended by No. 63/2013 s. 55.

    (1)     For the purposes of section 83 and section 83AAA—

approved deposit fund has the meaning given by section 10(1) of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;

S. 5A(1) def. of domestic partner substituted by No. 23/2008 s. 22(1), amended by No. 4/2009 s. 37(Sch.  1 item 7.1).

"domestic partner" of a person means—

        (a)     a person who is, or was at the time of the person's death, in a registered domestic relationship with the person; or

        (b)     a person to whom the person is not married but with whom, in the opinion of the Minister, the person is, or was at the time of the person's death, living as a couple on a genuine domestic basis (irrespective of gender);

"eligible rollover fund" means a fund within the meaning of section 242 of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;

"eligible superannuation plan" means—

        (a)     a regulated superannuation fund; or

        (b)     an approved deposit fund; or

        (c)     an exempt public sector superannuation scheme; or

        (d)     an RSA;

"exempt public sector superannuation scheme" means a public sector superannuation scheme within the meaning of section 10(1) of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;

flag lifting agreement has the meaning given by section 90MN of the Family Law Act 1975 of the Commonwealth;

"flagging order" means an order mentioned in section 90MU(1) of the Family Law Act 1975 of the Commonwealth;

interest has the meaning given by section 90MD of the Family Law Act 1975 of the Commonwealth;

"member" means a Judge of the Supreme Court;

"member spouse", in relation to a superannuation interest, means the spouse who has the superannuation interest;

"non-member spouse", in relation to a superannuation interest, means the spouse who is not the member spouse in relation to that interest;

S. 5A(1)

def. of partner substituted by No. 40/2010 s. 104(1).

"partner" of a person means the person's spouse or domestic partner;

payment flag has the meaning given by section 90MD of the Family Law Act 1975 of the Commonwealth;

"regulated superannuation fund" means a superannuation fund which complies with section 19 of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;

"relevant condition of release" means a condition of release mentioned in item 101, 102, 103 or 106 of Schedule 1 to the Superannuation Industry (Supervision) Regulations 1994 of the Commonwealth;

reversionary interest has the meaning given by section 90MF of the Family Law Act 1975 of the Commonwealth;

"RSA" means a retirement savings account within the meaning of the Retirement Savings Accounts Act 1997 of the Commonwealth;

"specified period" means the period which is specified to be the specified period in the specified standards;

"splitting order" means an order mentioned in section 90MT of the Family Law Act 1975 of the Commonwealth;

S. 5A(1) def. of spouse amended by No. 38/2009 s. 17(1)(a).

spouse of a person (except in sections 83(8) to  83(22)) means a person to whom the person is, or was at the time of the person's death, married;

S. 5A(1) def. of super-annuation agreement amended by No. 38/2009 s. 17(1)(b).

superannuation agreement has the meaning given by section 90MD of the Family Law Act 1975 of the Commonwealth;

superannuation fund has the same meaning as in the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;

"superannuation interest" means an interest that a person has as a member of an eligible superannuation plan, but does not include a reversionary interest;

unsplittable interest has the meaning given by section 90MD of the Family Law Act 1975 of the Commonwealth;

value at a particular time of the non-member spouse's entitlement in respect of the superannuation interest means the value as determined in accordance with regulation 14G(8) of the Family Law (Superannuation) Regulations 2001 of the Commonwealth;

"value of the member spouse's interest in the Fund" means the value as determined in accordance with Part 5 of the Family Law (Superannuation) Regulations 2001 of the Commonwealth.

S. 5A(1A) inserted by No. 38/2009 s. 17(2).

    (1A)     For the purposes of sections 83(8) to 83(22), spouse has the meaning given by section 90MD of the Commonwealth Family Law Act 1975 .

S. 5A(2) substituted by No. 23/2008 s. 22(2).

    (2)     For the purposes of the definition of domestic partner in subsection (1)—

S. 5A(2)(a) amended by No. 4/2009 s. 37(Sch.  1 item 7.2(a)).

        (a)     "registered domestic relationship" has the same meaning as in the Relationships Act 2008 ; and

S. 5A(2)(b) amended by No. 4/2009 s. 37(Sch.  1 item 7.2(b)).

        (b)     in determining whether persons who are not or were not in a registered domestic relationship are or were domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

S. 5A(2A) inserted by No. 40/2010 s. 104(2).

    (2A)     For the purposes of section 83(2), the definition of partner as substituted by section 104(1) of the Superannuation Legislation Amendment Act 2010 applies in respect of the entitlement

to a pension of a Judge of the Court or a former Judge of the Court only if the death of the Judge of the Court or former Judge of the Court occurs on or after the commencement of the substituting section.

    (3)     For the purposes of section 83, a reference to the transfer of an amount is to be construed as including a reference to the rollover of an amount.

Part I—The Crown

S. 6 substituted by No. 108/1994 s. 4.