Western Australian Numbered Acts Western Australian Numbered Acts (1) Section 5(1)
is amended as follows:
(a) by
inserting after the definition of “Board” the following
definition —
"closing day"
means the day on which the Parliamentary Superannuation Legislation Amendment
Act 2000 comes into operation;
”;
(b) in
the definition of “scheme” by inserting after “this
Act” —
“ other than section 29 ”;
(c) by
deleting the full stop after the definition of “the repealed Act”
and inserting a semicolon instead;
(d) by
inserting after the definition of “the repealed Act” the following
definition —
"Tribunal" means the Salaries and
Allowances Tribunal established by section 5 of the Salaries and
Allowances Act 1975 .
”.
(2) Section 5(4)
is repealed and the following subsections are inserted instead —
“
(4) Without limiting the application of section 19A, a
reference in this Act to a widow of a member or former member includes a
reference to a person of the opposite sex to the member or former member who,
although not the legal spouse of the member or former member at the time of
his death was at that time, in the opinion of the Board, the de facto spouse
of the member.
(5) For the purposes
of this Act a relationship of the kind referred to in subsection (4) is
to be regarded as a marriage that took place at the time when that person
commenced to be the de facto spouse of the member or former member
notwithstanding that either that person or the member or former member, or
each of them, may during the subsistence of that relationship have been
legally married to another person.
(6) If under
section 11 contributions have been made to the scheme in respect of a
member then for the purposes of this Act the member is deemed to have made the
contributions to the scheme.
”.