Victorian Consolidated Legislation

Constitution Act 1975 - SECT 5A

Definitions relating to pensions

5A. Definitions relating to pensions



(1) For the purposes of section 83-

approved deposit fund has the meaning given by section 10(1) of the
Superannuation Industry (Supervision) Act 1993 of the Commonwealth; domestic
partner of a person means-

   (a)  a person who is, or was at the time of the person's death, in a
        registered 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; partner of a person
means-

   (a)  in relation to a person who became entitled to benefits under this Act
        before the commencement of section 3 of the Constitution Amendment
        (Judicial Pensions) Act 2008-

   (i)  the person's husband, wife, widower or widow; or

   (ii) a person of the opposite sex who, though not married to the person, in
        the opinion of the Minister lives with the person, or lived with the
        person at the date of the person's death, on a bona fide domestic
        basis as the person's husband or wife;

   (b)  in any other case, 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; 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;
        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.

(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.

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

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

   (b)  in determining whether persons who are not or were not in a registered
        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.

(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.

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