7Reports about recoverable payments and recoverable death payments

#### 7 Reports about recoverable payments and recoverable death payments (1) CSC must cause a report of the following information to be published, in such manner as the Board of CSC thinks fit: (a) the number of payments that any employee of CSC was aware of that were made under subsection 5(1) or 6(1) during the reporting period (see subsection (2) of this section); (b) the total amount of payments referred to in paragraph (a); (c) the number of payments made under subsection 5(1) or 6(1) that any employee of CSC became aware of during the reporting period that were made during an earlier reporting period; (d) the total amount of payments referred to in paragraph (c); (e) for each payment referred to in paragraph (c)—the reporting period in which the payment was made. (2) The reporting period is: (a) a financial year; or (b) if a shorter recurring period is prescribed under paragraph (5)(a)—that period. (3) A report is not required if no employee of CSC is aware of any payments referred to in paragraph (1)(a) or (c). When report must be provided (4) The report must be provided before the end of the following period: (a) 4 months after the end of the reporting period; (b) if a lesser number of months has been prescribed for the reporting period under paragraph (5)(b)—that number of months after the end of the reporting period. Power to make legislative instruments (5) The Minister administering the Public Governance, Performance and Accountability Act 2013 may, by legislative instrument, prescribe: (a) a period for the purposes of paragraph (2)(b); or (b) a number of months for a reporting period for the purposes of paragraph (4)(b). Schedule 1—Finance and Deregulation amendments Parliamentary Contributory Superannuation Act 1948 1 Subsection 4(1) (definition of former spouse) After “marital”, insert “or couple”. 2 Subsection 4(1) Insert: > marital or couple relationship has the meaning given by section 4B. 3 Subsection 4(1) Insert: > partner: 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). 4 Subsection 4(1) Insert: > spouse has a meaning affected by section 4C. 5 Subsection 4B(1) After “marital”, insert “or couple”. Note: The heading to section 4B is replaced by the heading “Marital or couple relationship”. 6 Subsection 4B(1) After “husband or wife”, insert “or partner”. 7 Subsection 4B(2) After “husband or wife” (wherever occurring), insert “or partner”. 8 Subsection 4B(3) After “marital”, insert “or couple”. 9 After paragraph 4B(4)(b) Insert: (ba) the persons’ relationship was registered under a law of a State or Territory prescribed for the purposes of section 22B of the Acts Interpretation Act 1901, as a kind of relationship prescribed for the purposes of that section; 10 At the end of paragraph 4B(4)(c) Add: or (iii) a child of both of the persons within the meaning of the Family Law Act 1975; 11 Subsections 4C(2) and (3) After “marital” (wherever occurring), insert “or couple”. 12 Paragraph 19AA(2)(d) Repeal the paragraph, substitute: (d) was not or is not survived by a person with whom the deceased person had had a marital or couple relationship and who is: (i) the natural or adoptive parent of that child; or (ii) the parent of that child because the child is a child of the person within the meaning of the Family Law Act 1975; 13 Paragraph 19AA(2B)(a) Repeal the paragraph, substitute: (a) the child: (i) was born while the deceased person was having a marital or couple relationship with another person; or (ii) was adopted by the deceased person or the deceased person with that other person during the duration of that relationship; or (iii) was a child of the deceased person, and that other person, within the meaning of the Family Law Act 1975; and 14 Subsection 19AA(5) (definition of child) Repeal the definition, substitute: > child, in relation to a person, means a child of the person, including: (a) an adopted child or an ex‑nuptial child of the person; and (b) someone who is a child of the person within the meaning of the Family Law Act 1975. 15 Application of amendments of the Parliamentary Contributory Superannuation Act 1948 The amendments of the Parliamentary Contributory Superannuation Act 1948 made by this Schedule apply in relation to a benefit payable under that Act in respect of a person who dies on or after the commencement of this Schedule if the deceased person: (a) was entitled to a parliamentary allowance at the time of his or her death; or (b) was entitled to a retiring allowance (whether or not the retiring allowance was immediately payable) at the time of his or her death. Superannuation Act 1922 16 After subsection 48AB(4) Insert: (4A) If a pensioner or contributor died before the day on which Schedule 1 to the Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Act 2008 commenced: (a) the amendments of the Superannuation Act 1976 made by that Schedule do not apply in relation to any pension that, apart from this subsection, may be granted under this section in respect of the deceased pensioner or contributor; and (b) the Superannuation Act 1976 as in force immediately before the commencement of Schedule 1 continues to apply in relation to any pension granted or that may be granted under this section in respect of the deceased pensioner or contributor. 17 At the end of section 48ABA Add: (9) For the purposes of applying the definitions of eligible child and spouse in subsection (1) in relation to a deceased pensioner who died before the day on which Schedule 1 to the Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Act 2008 commenced: (a) the amendments of the Superannuation Act 1976 made by that Schedule do not apply; and (b) the Superannuation Act 1976 as in force immediately before the commencement of that Schedule continues to apply. Superannuation Act 1976 18 Subsection 3(1) (definition of child) Repeal the definition, substitute: > child, in relation to a person who has died, means: (a) a child of the person, including: (i) an adopted child, an ex‑nuptial child, a foster child, a stepchild or a ward, of the person; and (ii) someone who is a child of the person within the meaning of the Family Law Act 1975; or (b) a child of a spouse of the person, including: (i) an adopted child, an ex‑nuptial child, a foster child, a stepchild or a ward, of the spouse; and (ii) someone who is a child of the spouse within the meaning of the Family Law Act 1975. 19 Subsection 3(1) (definition of late short‑term marital relationship) Repeal the definition (including the note). 20 Subsection 3(1) Insert: > late short‑term marital or couple relationship, in relation to a deceased retirement pensioner, means a marital or couple relationship between the pensioner and his or her spouse that began: (a) less than 3 years before the pensioner’s death; and (b) after the pensioner became a retirement pensioner and had reached the age of 60 years. 21 Subsection 3(1) Insert: > marital or couple relationship has the meaning given by section 8A. 22 Subsection 3(1) Insert: > partner: 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). 23 Subsection 3(1) Insert: > spouse has a meaning affected by section 8B. 24 Subsection 3(1) Insert: > stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a partner of the person is the stepchild of the person, if he or she would be the person’s stepchild except that the person is not legally married to the partner. 25 Subsection 8A(1) After “marital”, insert “or couple”. Note: The heading to section 8A is replaced by the heading “Marital or couple relationship”. 26 Subsection 8A(1) After “husband or wife”, insert “or partner”. 27 Subsection 8A(2) After “husband or wife” (wherever occurring), insert “or partner”. 28 Subsection 8A(3) After “marital”, insert “or couple”. 29 After paragraph 8A(4)(b) Insert: (ba) the persons’ relationship was registered under a law of a State or Territory prescribed for the purposes of section 22B of the Acts Interpretation Act 1901, as a kind of relationship prescribed for the purposes of that section; 30 At the end of paragraph 8A(4)(c) Add: or (iii) a child of both of the persons within the meaning of the Family Law Act 1975; 31 Subsections 8B(2) and (3) After “marital” (wherever occurring), insert “or couple”. 32 Subsections 94(2A), 95(1B) and 96(2A) After “marital”, insert “or couple”. 33 Subsection 96AB(2) (paragraph (a) of the definition of relevant period) After “marital”, insert “or couple”. 34 Paragraph 96BA(1)(a) After “marital”, insert “or couple”. 35 Subsection 96BA(2) (paragraph (a) of the definition of relevant period) After “marital”, insert “or couple”. 36 Subsection 108A(1) After “marital”, insert “or couple”. Note: The heading to section 108A is altered by inserting “or couple” after “marital”. 37 Subsection 108A(5) (subparagraph (a)(i) of the definition of relevant period) After “marital”, insert “or couple”. 38 Paragraph 109AB(2)(c) After “marital”, insert “or couple”. 39 Paragraphs 109AB(3B)(b), (3C)(a) and (b), (5)(c), (5A)(b), (5B)(a) and (b) After “marital”, insert “or couple”. 40 Paragraphs 110(4)(c) and (d) and (5B)(a) After “marital”, insert “or couple”. 41 Subparagraph 110(5B)(b)(i) After “marital”, insert “or couple”. 42 After subparagraph 110(5B)(b)(i) Insert: (ia) was not a child of the spouse, and the pensioner, within the meaning of the Family Law Act 1975; or 43 Subparagraphs 110(5B)(b)(ii) and (iii) After “marital”, insert “or couple”. 44 Paragraph 110(7)(c) After “marital”, insert “or couple”. 45 Subparagraph 110(7A)(a)(ii) After “marital”, insert “or couple”. 46 Subparagraph 110(7A)(b)(i) After “marital”, insert “or couple”. 47 After subparagraph 110(7A)(b)(i) Insert: (ia) was, within the meaning of the Family Law Act 1975, a child of the pensioner and the person with whom the pensioner had that marital or couple relationship; or 48 Subparagraphs 110(7A)(b)(ii) and (iii) After “marital”, insert “or couple”. 49 Paragraph 110(7B)(a) After “marital”, insert “or couple”. 50 Paragraph 110(14)(d) Omit “an adopted child, an ex‑nuptial child, a foster child, a step‑child or a ward”, substitute “a child of a kind referred to in subparagraph (b)(i) or (ii) of the definition of child in subsection 3(1)”. 51 Paragraph 136(2B)(ma) After “marital” (wherever occurring), insert “or couple”. 52 Application of amendments of the Superannuation Act 1976 The amendments of the Superannuation Act 1976 made by this Schedule apply in relation to a benefit payable under that Act in respect of a person who dies on or after the commencement of this Schedule, if, at the time of his or her death, the deceased person was: (a) an eligible employee (within the meaning of that Act); or (b) a deferred benefit member (within the meaning of Division 4A of Part V of that Act); or (c) a retirement pensioner (within the meaning of that Act). Schedule 2—Attorney‑General’s amendments Part 1—Amendment of the Acts Interpretation Act 1901 Acts Interpretation Act 1901 1 After section 22 Insert: