37Multiple spouses of Aboriginals or Torres Strait Islanders

37 Multiple spouses of Aboriginals or Torres Strait Islanders (1) Notwithstanding any other provision of this Act, where, in respect of a resident of the Territory who is a qualifying person who is an Aboriginal or Torres Strait Islander married to more than one person according to the customs and traditions of the particular community of Aboriginals or Torres Strait Islanders with which the resident of the Territory or any of those persons identifies (whether or not one of those marriages is a marriage in accordance with the law in force in the Territory) a benefit would, but for the operation of this section, be payable to or in respect of each of those persons, the amount of such benefit that is payable is the amount that would be so payable if the resident of the Territory had contracted only one such marriage and, in the case of a benefit payable under this Act to a spouse, it shall be payable to such spouses in equal shares. (2) Where under section 22 there is payable to an Aboriginal or Torres Strait Islander a benefit in respect of the death of the person's spouse and the person has more than one spouse, the amount of benefit payable to the person is the amount provided in that section divided by the number of spouses at the date of death of the spouse.