Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where :
(a) a person, being the widow of a deceased Australian mariner, has re - married or married after 28 May 1984 and before the commencing date; and
(b) the person was, immediately before her re - marriage or marriage, in receipt of a pension under the Seamen ' s War Pensions and Allowances Act 1940 as a dependant of the mariner ;
notwithstanding the provisions of that Act, the pension, and any domestic allowance payable to her under regulation 37 of the Seamen ' s War Pensions and Pensions -- re - marriage or marriage of widow to her by reason of her re - marriage or marriage, and, subject to subsection ( 2) of this section, instalments of that pension, and of that allowance (if payable), shall be paid to her :
(a) under the Seamen ' s War Pensions and Allowances Act 1940 and under the Seamen ' s War Pensions and Allowances Regulations (if applicable), as in force before the commencing date, in respect of the period commencing on the date of her re - marriage or marriage and ending on the date immediately before the commencing date; and
(b) under the Seamen ' s War Pensions and Allowances Act 1940 , as amended by this Act, and under the Seamen ' s War Pensions and Allowances Regulations (if applicable), on and after the commencing date .
(2) Where instalments of pension become payable to a person by reason of the application of subsection ( 1) :
(a) if the person has been paid a gratuity before the commencing date under section 28A of the Seamen ' s War Pensions and Allowances Act 1940 -- an amount equal to the amount of that gratuity shall be deducted from the instalments of pension that so become payable;
(b) if the person has not been paid a gratuity under section 28A of the Seamen ' s War Pensions and Allowances Act 1940 -- that gratuity shall be deemed not to be payable to the person; and
(c) sub section 55A(2) of the Seamen ' s War Pensions and Allowances Act 1940 applies as if the pension that is to be deemed by subsection ( 1) not to have ceased to be payable were a new pension that became payable to the person under that Act upon the commencing date in respect of the period commencing on the date of the marriage or re - marriage and ending immediately before the commencing date.
(3) Where :
(a) a person, being the widow of a deceased Australian mariner, makes a claim for a pension as a dependant of the mariner, or for a gratuity under section 28A of the Seamen ' s War Pensions and Allowances Act 1940 , within 12 months after her re - marriage or marriage; and
(b) a pension would have been granted to her if her claim had been determined before her marriage or re - marriage ;
the person shall be deemed, for the purposes of subsection ( 1) of this section, to have been in receipt of that pension immediately before her re - marriage or marriage.
(4) In this section :
(a) Australian mariner has the same meaning as it has in the Seamen ' s War Pensions and Allowances Act 1940 ; and
(b) widow has the same meaning as it has in the Seamen ' s War Pensions and Allowances Act 1940 , and includes a de facto wife within the meaning of that Act.