Constitution Act 1975
5ADefinitions relating to pensions
Start here
Get a plain-English read of 5A
Turn the raw legal text into a practical explanation grounded in Constitution Act 1975.
5A Definitions relating to pensions
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).