Federal Register of Legislation - Australian Government

Primary content

Deeds & Trust Deeds as made
This instrument amends the Military Superannuation and Benefits Trust Deed by removing discrimination against same sex couples within this scheme.
Administered by: Veterans' Affairs
Exempt from sunsetting by the Legislative Instruments Act 2003 s 54(2) item 42
Registered 22 Dec 2008
Tabling HistoryDate
Tabled HR03-Feb-2009
Tabled Senate03-Feb-2009
Date of repeal 19 Mar 2014
Repealed by Defence (Spent and Redundant Instruments) Repeal Regulation 2014

Military Superannuation and Benefits Trust Deed Amendment 2008 (No. 1)1

Military Superannuation and Benefits Act 1991

I, WARREN SNOWDON, Minister for Defence Science and Personnel, make this instrument under subsection 5 (1) of the Military Superannuation and Benefits Act 1991.

Dated 16 December 2008

WARREN SNOWDON


1              Name of instrument

                This instrument is the Military Superannuation and Benefits Trust Deed Amendment 2008 (No. 1).

2              Commencement

                This instrument commences on 1 January 2009.

3              Amendment of Military Superannuation and Benefits Trust Deed

                Schedule 1 amends the Military Superannuation and Benefits Trust Deed.



 

Schedule 1        Amendments

(section 3)

  

[1]           Rules, subrule 2 (1)

omit

marital

insert

marital or couple

[2]           Rules, rule 89, after definition of member funded component

insert

member spouse has the same meaning as in Part VIIIB of the Family Law Act 1975.

[3]           Rules, rule 89, after definition of member unfunded component

insert

non‑member spouse has the same meaning as in Part VIIIB of the Family Law Act 1975.

[4]           Rules, Schedule 1, definition of child

substitute

child, in relation to a person who has died, means any of the following:

        (a)    a child of the member, within the meaning of the Family Law Act 1975;

       (b)    an ex‑nuptial child of the deceased person;

        (c)    a person who is, immediately before the death of the deceased person, a step‑child, an adopted child, a foster child or a ward, of the deceased person;

       (d)    a person who:

                  (i)    is a child or ex‑nuptial child of a spouse who survives the deceased person; and

                 (ii)    was wholly or substantially dependent upon the deceased person at the time of the deceased person’s death;

        (e)    a person who:

                  (i)    is, within the meaning of the Family Law Act 1975, a child of a spouse who survives the member; and

                 (ii)    was wholly or substantially dependent upon the member at the time of the member’s death.

[5]           Rules, Schedule 1, after definition of lump sum maximum benefit limit

insert

marital or couple relationship has the meaning given by Part 1A of Schedule 1.

[6]           Rules, Schedule 1, after definition of Parliamentary Candidates Act

insert

partner has the meaning given by Part 1A of Schedule 1.

[7]           Rules, Schedule 1, definition of spouse, paragraph (b)

omit

marital

insert

marital or couple

[8]           Rules, Schedule 1, after definition of Statistician

insert

stepchild includes a person who would be the step‑child of a person (person A), but for the fact that person A is not legally married to his or her partner.

[9]           Rules, Schedule 1, Part 1A, heading

substitute

Part 1A       Marital or couple relationship

[10]         Rules, Schedule 1, paragraph 1A

omit

husband or wife

insert

husband, wife or partner

[11]         Rules, Schedule 1, after paragraph 1A

insert

1AA.       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).

[12]         Rules, Schedule 1, paragraph 1B

omit each mention of

husband or wife

insert

husband, wife or partner

[13]         Rules, Schedule 1, subparagraph 1B (c)

omit

marital

insert

marital or couple

[14]         Rules, Schedule 1, after subparagraph 1C (b)

insert

              (ba)    the persons’ relationship was registered under a law of a State or Territory prescribed for section 22B of the Acts Interpretation Act 1901;

[15]         Rules, Schedule 1, subparagraph 1C (c)

substitute

                (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;

[16]         Rules, Schedule 1, paragraph 9

omit each mention of

marital

insert

marital or couple

[17]         Rules, Schedule 1, paragraph 10

omit each mention of

marital

insert

marital or couple

[18]         Rules, Schedule 1, subparagraph 11 (b)

omit

marital

insert

marital or couple

[19]         Rules, Schedule 1, paragraph 12

omit


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.