The relevant provisions of Section 4(1) are:
In this Act, unless the contrary intention appears —
Eligible person means a person who —
(a) is an Australian soldier;
(b) is a munition worker;
(c) is a war worker;
(d) is a member of the Young Men's Christian Association who, during the First World War, was accepted for service with and served abroad with the Naval or Military Forces of Australia as a representative of that Association;
(e)has been awarded, in respect of his employment during the First World War, the Australian Mercantile Marine War Zone Badge, or the British Mercantile Marine Medal; and was during such employment domiciled in Australia or a Territory;
(f) after the commencement of the Second World War and before the commencement of the War Service Homes Act 1946, was employed under agreement as master, officer or seaman, or under indenture as apprentice, in sea-going service —
(i)on a ship engaged in trading between a port of a State or Territory and any other port, whether a port of a State or Territory or not; or
(ii)on a ship being a troop transport or hospital ship,
and was, during that employment, domiciled in Australia or a Territory; or
(g) not being a person to whom the last preceding paragraph applies, was, after the commencement of the Second World War and before the commencement of the War Service Homes Act 1946, employed, otherwise than as a member of the Defence Force, in sea-going service on a ship being a ship of war, troop transport or hospital ship, and was, during that employment, domiciled in Australia or a Territory,
and includes a widow, widower or dependent parent of a person specified in any of the paragraphs (a) to (g) of this definition;
widow of a person who has died includes a woman who was a de facto partner of the person immediately before the person died.
This definition of widow in subsection 4(1) of the Defence Service Homes Act 1918 applies in relation to someone whose de facto partner dies on or after the commencement of the amendment to the definition of widow by the Sam-Sex Relationships (Equal Treatment in Commonwealth Laws – General Law Reform) Bill 2008 (1 July 2009). The previous definition (stated below) applies where the (eligible) person dies before 1 July 2009.
Widow, in relation to an eligible person who died after the commencement of section 3 of the Defence Service Homes Amendment Act 1978 (11 November 1978), includes a woman who lived with the eligible person as his wife on a permanent and bona fide domestic basis, although not legally married to him.
widower of a person who has died includes a man who was a de facto partner of the person immediately before the person died.
This definition of widower in subsection 4(1) of the Defence Service Homes Act 1918 applies in relation to someone whose de facto partner dies on or after the commencement of the amendment to the definition of widower by the Sam-Sex Relationships (Equal Treatment in Commonwealth Laws – General Law Reform) Bill 2008 (1 July 2009). The previous definition (stated below) applies where the (eligible) person dies before 1 July 2009.
Widower, in relation to an eligible person who died after the commencement of paragraph 4(d) of the amending Act (19 December 1988), includes a man who lived with the eligible person as her husband on a permanent and bona fide domestic basis, although not legally married to her;
parent: without limiting who is a parent of anyone for the purposes of this Act, a person is the parent of another person if the other person is the product of a relationship the person has or had as a couple with a third person (whether of the same sex or a different sex). For this purpose, the other person cannot be the product of the relationship unless he or she is the biological child of at least one of the person or the third person or was born to a woman in the relationship.
dependent parent (where eligible person died on or after 1 July 2009) means a parent of a person mentioned in paragraphs (a) to (g) of the definition of Eligible person if;
(a) the person so mentioned:
(i) is dead; and
(ii) at the time of death, was not legally married and did not have a de facto partner; and
(b) one of the following subparagraphs applies:
(i) the parent is a widow or widower and was dependent on the person before the person became an eligible person;
(ii) the parent's spouse or de facto partner is so incapacitated as to be unable to contribute materially to that parent's support;
dependent parent (where eligible person dies before 1 July 2009) means a parent of a person mentioned in paragraphs (a) to (g) of the definition of Eligible person if;
(a) the person so mentioned:
(i) is dead; and
(ii) at the time of death, was not legally married; and
(b) one of the following subparagraphs applies:
(i) the parent is a widow or widower and was dependent on the person before the person became an eligible person;
(ii) the parent's husband or wife is so incapacitated as to be unable to contribute materially to that parent's support;
The following Subsections of the Act were repealed under the provisions of the Same-Sex Relationships (Equal Treatment in Commonwealth Laws – General Law Reform) Bill 2008 (with effect from 1 July 2009). They are still applicable where the eligible person died before 1 July 2009:
Subsection 4(3A) A reference in this Act to the wife of a man shall, in relation to any time when a woman is living with him as his wife on a permanent and bona fide domestic basis, although not legally married to him, be read as including a reference to that woman.
Subsection 4(3B) A reference in this Act to the husband of a woman shall, in relation to any time when a man is living with her as her husband on a permanent and bona fide domestic basis, although not legally married to her, be read as including a reference to that man.
Subsection 4(3C) Where the Secretary is of the opinion that a person would, but for a temporary absence or an absence resulting from illness or infirmity, have been living with another person at any time on a permanent and bona fide domestic basis, the first mentioned person shall, for the purposes of this Act, be deemed to have been living with the other person on a permanent and bona fide domestic basis at that time.
Subsection 18(1) Subject to this section, the Secretary shall not issue a certificate of entitlement in relation to subsidy on an advance that a person may seek from the Bank unless satisfied that:
(a)the person is an eligible person, or the spouse or de facto partner of an eligible person who is temporarily or permanently insane;