Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this section and sections 123A to 123E (inclusive):
"applicable sections" means this section and sections 123A to 123E (inclusive).
"child" , in relation to a person who has died (in this definition called the deceased ), means:
(a) a person who is a child of the deceased within the meaning of section 10;
(b) a person who was a natural child of the deceased; or
(ba) someone who was a child of the deceased within the meaning of the Family Law Act 1975 ; or
(c) a person who was adopted by the deceased or by the deceased and the deceased's partner or non - illness separated spouse.
"parent" , in relation to a person who has died, means someone whose child the person was.
"sibling" , in relation to a person who has died, means someone who was a sister, half - sister, brother or half - brother of the person.
"waiting period" , in relation to a person, means the period of 12 months commencing on:
(a) if subparagraph 123A(2)(c)(i) applies to the person--the death of the person; or
(b) if subparagraph 123A(2)(c)(ii) applies to the person--the date of the grant of the claim.
(2) For the purposes of paragraph (a) of the definition of child in subsection (1), a person shall be taken to be a child even though the person is in receipt of a pension, benefit or allowance of a kind referred to in the definition of child in subsection 5F(1).
(3) A reference in the applicable sections to an executor of a will includes a reference to:
(a) an executor of the will by representation; and
(b) if probate of the will has been granted and a person has subsequently been granted administration of the unadministered assets covered by the will--that person.
(4) A reference in the applicable sections to the person to whom a grant of letters of administration with a will annexed has been made includes a reference to a person who has subsequently been granted administration of the unadministered assets covered by the will.
(5) A reference in the applicable sections, in relation to an approval of a payment, to a person who is known is a reference to a person:
(a) who is alive at the time of the approval; and
(b) whose existence and whereabouts are known to the Commission at that time.
Note: Sections 123 to 123E do not apply if Subdivision C of Division 12A of Part IIIB applies.