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

Minister for Defence Science and Personnel

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

step‑child 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

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.