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This is a Bill, not an Act. For current law, see the Acts databases.
SAME-SEX RELATIONSHIPS (EQUAL TREATMENT IN COMMONWEALTH LAWS-GENERAL LAW REFORM) BILL 2008
2008
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Same-Sex Relationships (Equal
Treatment in Commonwealth Laws--
General Law Reform) Bill 2008
No. , 2008
(Attorney-General)
A Bill for an Act to address discrimination against
same-sex couples and their children in
Commonwealth laws, and for other purposes
i Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform)
Bill 2008 No. , 2008
Contents
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
Schedule(s) ......................................................................................... 6
Schedule 1--Agriculture, Fisheries and Forestry
7
Australian Meat and Live-stock Industry Act 1997
7
Farm Household Support Act 1992
7
Schedule 2--Attorney-General
8
Part 1--Amendment of the Acts Interpretation Act 1901
8
Acts Interpretation Act 1901
8
Part 2--Amendment of other Acts
10
Administrative Decisions (Judicial Review) Act 1977
10
Age Discrimination Act 2004
10
Australian Federal Police Act 1979
11
Bankruptcy Act 1966
12
Crimes Act 1914
15
Crimes (Superannuation Benefits) Act 1989
17
Customs Act 1901
17
High Court Justices (Long Leave Payments) Act 1979
20
Judges (Long Leave Payments) Act 1979
20
Passenger Movement Charge Collection Act 1978
21
Proceeds of Crime Act 2002
22
Service and Execution of Process Act 1992
23
Sex Discrimination Act 1984
24
Witness Protection Act 1994
27
Part 3--Regulations
29
Schedule 3--Broadband, Communications and the Digital
Economy
30
Australian Postal Corporation Act 1989
30
Broadcasting Services Act 1992
30
Telstra Corporation Act 1991
32
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 ii
Schedule 4--Defence
35
Defence Force (Ho me Loans Assistance) Act 1990
35
Defence (Parliamentary Candidates) Act 1969
40
Royal Australian Air Force Veterans' Residences Act 1953
41
Schedule 5--Education, Employment and Workplace Relations
44
Education Services for Overseas Students Act 2000
44
Higher Education Support Act 2003
45
Judicial and Statutory Officers (Remuneration and Allowances) Act
1984
46
Safety, Rehabilitation and Compensation Act 1988
46
Seafarers Rehabilitation and Compensation Act 1992
49
Student Assistance Act 1973
52
Schedule 6--Families, Housing, Community Services and
Indigenous Affairs
53
Part 1--Amendments commencing on the day after Royal
Assent
53
Aboriginal Land Grant (Jervis Bay Territory) Act 1986
53
Corporations (Aboriginal and Torres Strait Islander) Act 2006
54
Part 2--Amendments commencing on 1 July 2009
56
A New Tax System (Family Assistance) Act 1999
56
A New Tax System (Family Assistance) (Administration) Act 1999
57
Social Security Act 1991
58
Schedule 7--Finance and Deregulation
73
Part 1--General amendments
73
Commonwealth Electoral Act 1918
73
Medibank Private Sale Act 2006
74
Members of Parliament (Life Gold Pass) Act 2002
76
Parliamentary Entitlements Act 1990
83
Part 2--Superannuation amendments (general)
85
Superannuation Act 1976
85
iii Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform)
Bill 2008 No. , 2008
Part 3--Superannuation amendments if same-sex
superannuation amendments commence earlier
86
Superannuation Act 1976
86
Part 4--Superannuation amendments if same-sex
superannuation amendments commence later
87
Superannuation Act 1976
87
Schedule 8--Foreign Affairs and Trade
89
Part 1--Amendment commencing on 1 July 2009
89
Australian Passports Act 2005
89
Part 2--Amendments commencing on the day after Royal
Assent
90
Export Market Development Grants Act 1997
90
Trade Representatives Act 1933
91
Schedule 9--Health and Ageing
93
Part 1--Amendments commencing on the day after Royal
Assent
93
Prohibition of Human Cloning for Reproduction Act 2002
93
Research Involving Human Embryos Act 2002
93
Part 2--Amendments commencing on 1 January 2009
94
Health Insurance Act 1973
94
National Health Act 1953
96
Part 3--Amendments commencing on 1 July 2009
101
Aged Care Act 1997
101
Schedule 10--Immigration and Citizenship
104
Part 1--Australian Citizenship Act 2007
104
Part 2--Migration Act 1958
107
Div ision 1--Main amend ments
107
Migration Act 1958
107
Div ision 2--Consequential amend ment
118
Australian Citizenship Act 2007
118
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 iv
Part 3--Immigration (Education) Act 1971
119
Part 4--Immigration (Guardianship of Children) Act 1946
120
Schedule 11--Infrastructure, Transport, Regional
Development and Local Gove rnme nt
121
Part 1--Carriers' liability amendments (general)
121
Civil Aviation (Carriers' Liability) Act 1959
121
Part 2--Carriers' liability amendments if Montreal Convention
amendments commence earlier
122
Civil Aviation (Carriers' Liability) Act 1959
122
Part 3--Carriers' liability amendments if Montreal Convention
amendments commence later
124
Civil Aviation (Carriers' Liability) Act 1959
124
Part 4--Other amendments
126
Airports Act 1996
126
Navigation Act 1912
129
Schedule 12--Innovation, Industry, Science and Research
133
Pooled Development Funds Act 1992
133
Schedule 13--Prime Minister and Cabinet
135
Privacy Act 1988
135
Schedule 14--Treasury
138
Part 1--Amendment of tax laws
138
A New Tax System (Medicare Levy Surcharge--Fringe Benefits) Act
1999
138
Fringe Benefits Tax Assessment Act 1986
138
Income Tax Assessment Act 1936
139
Income Tax Assessment Act 1997
146
Part 2--Amendment of market regulation laws
154
Financial Sector (Shareholdings) Act 1998
154
Foreign Acquisitions and Takeovers Act 1975
156
Insurance Acquisitions and Takeovers Act 1991
158
v Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform)
Bill 2008 No. , 2008
Life Insurance Act 1995
159
Part 3--Amendment of the Corporations Act 2001
162
Corporations Act 2001
162
Schedule 15--Veterans' Affairs
165
Defence Service Ho mes Act 1918
165
Military Rehabilitation and Compensation Act 2004
168
Veterans' Entitlements Act 1986
171
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 1
A Bill for an Act to address discrimination against
1
same-sex couples and their children in
2
Commonwealth laws, and for other purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Same-Sex Relationships (Equal
6
Treatment in Commonwealth Laws--General Law Reform) Act
7
2008.
8
2 Commence ment
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
column 2 of the table. Any other statement in column 2 has effect
12
according to its terms.
13
2 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
1
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day on which this Act receives the
Royal Assent.
2. Schedule 1
The day after this Act receives the Royal
Assent.
3. Schedule 2,
Part 1
The day after this Act receives the Royal
Assent.
4. Schedule 2,
items 2 and 3
1 Ju ly 2009.
1 Ju ly 2009
5. Schedule 2,
items 4 to 23
The day after this Act receives the Royal
Assent.
6. Schedule 2,
item 24
The later of:
(a) the start of the day after this Act receives
the Royal Assent; and
(b) immed iately after the commencement of
item 13 of Schedule 2 to the Family Law
Amendment (De Facto Financial Matters
and Other Measures) Act 2008.
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b )
does not occur.
7. Schedule 2,
item 25
The day after this Act receives the Royal
Assent.
8. Schedule 2,
item 26
The later of:
(a) the start of the day after this Act receives
the Royal Assent; and
(b) immed iately after the commencement of
item 15 of Schedule 2 to the Family Law
Amendment (De Facto Financial Matters
and Other Measures) Act 2008.
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b )
does not occur.
9. Schedule 2,
The day after this Act receives the Royal
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 3
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
item 27
Assent.
10. Schedule 2,
item 28
The later of:
(a) the start of the day after this Act receives
the Royal Assent; and
(b) immed iately after the commencement of
item 17 of Schedule 2 to the Family Law
Amendment (De Facto Financial Matters
and Other Measures) Act 2008.
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b )
does not occur.
11. Schedule 2,
items 29 to 86
The day after this Act receives the Royal
Assent.
12. Schedules 3,
4 and 5
The day after this Act receives the Royal
Assent.
13. Schedule 6,
Part 1
The day after this Act receives the Royal
Assent.
14. Schedule 6,
Part 2
1 Ju ly 2009.
1 Ju ly 2009
15. Schedule 7,
items 1 to 7
On the day after the end of the period of 3
months beginning on the day on which this
Act receives the Royal Assent.
16. Schedule 7,
items 8 to 55
The day after this Act receives the Royal
Assent.
17. Schedule 7,
Part 3
The day after this Act receives the Royal
Assent.
However, if Schedule 1 to the Same-Sex
Relationships (Equal Treatment in
Commonwealth Laws--Superannuation) Act
2008 does not commence on or before the
day after this Act receives the Royal Assent,
the provision(s) do not commence at all.
18. Schedule 7,
item 58
The day after this Act receives the Royal
Assent.
However, if Schedule 1 to the Same-Sex
Relationships (Equal Treatment in
Commonwealth Laws--Superannuation) Act
4 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
2008 commences on or before the day after
this Act receives the Royal Assent, the
provision(s) do not commence at all.
19. Schedule 7,
item 59
Immediately after the commencement of
Schedule 1 to the Same-Sex Relationships
(Equal Treatment in Commonwealth Laws--
Superannuation) Act 2008.
However, if Schedule 1 to the Same-Sex
Relationships (Equal Treatment in
Commonwealth Laws--Superannuation) Act
2008 commences on or before the day after
this Act receives the Royal Assent, the
provision(s) do not commence at all.
20. Schedule 7,
item 60
The day after this Act receives the Royal
Assent.
However, if Schedule 1 to the Same-Sex
Relationships (Equal Treatment in
Commonwealth Laws--Superannuation) Act
2008 commences on or before the day after
this Act receives the Royal Assent, the
provision(s) do not commence at all.
21. Schedule 7,
item 61
Immediately after the commencement of
Schedule 1 to the Same-Sex Relationships
(Equal Treatment in Commonwealth Laws--
Superannuation) Act 2008.
However, if Schedule 1 to the Same-Sex
Relationships (Equal Treatment in
Commonwealth Laws--Superannuation) Act
2008 commences on or before the day after
this Act receives the Royal Assent, the
provision(s) do not commence at all.
22. Schedule 8,
Part 1
1 Ju ly 2009.
1 Ju ly 2009
23. Schedule 8,
Part 2
The day after this Act receives the Royal
Assent.
24. Schedule 9,
Part 1
The day after this Act receives the Royal
Assent.
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 5
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
25. Schedule 9,
Part 2
1 January 2009.
1 January 2009
26. Schedule 9,
Part 3
1 Ju ly 2009.
1 Ju ly 2009
27. Schedule 10,
Part 1
A single day to be fixed by Proclamation.
However, if any of the provision(s) do not
commence with in the period of 6 months
beginning on the day on which this Act
receives the Royal Assent, they commence
on the first day after the end of that period.
28. Schedule 10,
Parts 2 and 3
1 Ju ly 2009.
1 Ju ly 2009
29. Schedule 10,
Part 4
A single day to be fixed by Proclamation.
However, if any of the provision(s) do not
commence with in the period of 6 months
beginning on the day on which this Act
receives the Royal Assent, they commence
on the first day after the end of that period.
30. Schedule 11,
Part 1
The later of:
(a) the start of the day after this Act receives
the Royal Assent; and
(b) immed iately after the commencement of
Schedule 2 to the Civil Aviation
Legislation Amendment (1999 Montreal
Convention and Other Amendments) Act
2008.
31. Schedule 11,
Part 2
The day after this Act receives the Royal
Assent.
However, the provision(s) do not commence
at all if Schedule 2 to the Civil Aviation
Legislation Amendment (1999 Montreal
Convention and Other Amendments) Act
2008 does not commence on or before the
day after this Act receives the Royal Assent.
32. Schedule 11,
Part 3
The day after this Act receives the Royal
Assent.
However, the provision(s) do not commence
6 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
at all if Schedule 2 to the Civil Aviation
Legislation Amendment (1999 Montreal
Convention and Other Amendments) Act
2008 commences on or before the day after
this Act receives the Royal Assent.
33. Schedule 11,
Part 4
The day after this Act receives the Royal
Assent.
34. Schedule 12
The day after this Act receives the Royal
Assent.
35. Schedule 13
1 Ju ly 2009.
1 Ju ly 2009
36. Schedule 14
The day after this Act receives the Royal
Assent.
37. Schedule 15
1 Ju ly 2009.
1 Ju ly 2009
Note:
This table relates only to the provisions of this Act as originally
1
passed by both Houses of the Parliament and assented to. It will not be
2
expanded to deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Agriculture, Fisheries and Forestry Schedule 1
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 7
1
Schedule 1
--
Agriculture, Fisheries and
2
Forestry
3
4
Australian Meat and Live-stock Industry Act 1997
5
1 Section 3 (paragraph (b) of the definition of associate)
6
Repeal the paragraph, substitute:
7
(b) the spouse, or de facto partner (within the meaning of the
8
Acts Interpretation Act 1901), of the subject person; and
9
Farm Household Support Act 1992
10
2 Subsection 3(1)
11
Insert:
12
armed services widow
13
3 Subsection 3(1)
14
Insert:
15
armed services widower
16
17
Schedule 2 Attorney-General
Part 1 A mend ment of the Acts Interpretation Act 1901
8 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
1
Schedule 2
--
Attorney-General
2
Part 1
--
Amendment of the Acts Interpretation Act
3
1901
4
Acts Interpretation Act 1901
5
1 After section 22
6
Insert:
7
22A References to de facto partners
8
For the purposes of a provision of an Act that is a provision in
9
which de facto partner has the meaning given by this Act, a person
10
is the de facto partner of another person (whether of the same sex
11
or a different sex) if:
12
(a) the person is in a registered relationship with the other person
13
under section 22B; or
14
(b) the person is in a de facto relationship with the other person
15
under section 22C.
16
22B Registered relationships
17
For the purposes of paragraph 22A(a), a person is in a registered
18
relationship with another person if the relationship between the
19
persons is registered under a prescribed law of a State or Territory
20
as a prescribed kind of relationship.
21
22C De facto relationships
22
(1) For the purposes of paragraph 22A(b), a person is in a de facto
23
relationship with another person if the persons:
24
(a) are not legally married to each other; and
25
(b) are not related by family (see subsection (6)); and
26
(c) have a relationship as a couple living together on a genuine
27
domestic basis.
28
(2) In determining for the purposes of paragraph (1)(c) whether 2
29
persons have a relationship as a couple, all the circumstances of
30
Attorney-General Schedule 2
Amend ment of the Acts Interpretation Act 1901 Part 1
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 9
their relationship are to be taken into account, including any or all
1
of the following circumstances:
2
(a) the duration of the relationship;
3
(b) the nature and extent of their common residence;
4
(c) whether a sexual relationship exists;
5
(d) the degree of financial dependence or interdependence, and
6
any arrangements for financial support, between them;
7
(e) the ownership, use and acquisition of their property;
8
(f) the degree of mutual commitment to a shared life;
9
(g) the care and support of children;
10
(h) the reputation and public aspects of the relationship.
11
(3) No particular finding in relation to any circumstance mentioned in
12
subsection (2) is necessary in determining whether 2 persons have
13
a relationship as a couple for the purposes of paragraph (1)(c).
14
(4) For the purposes of paragraph (1)(c), the persons are taken to be
15
living together on a genuine domestic basis if the persons are not
16
living together on a genuine domestic basis only because of:
17
(a) a temporary absence from each other; or
18
(b) illness or infirmity of either or both of them.
19
(5) For the purposes of subsection (1), a de facto relationship can exist
20
even if one of the persons is legally married to someone else or is
21
in a registered relationship (within the meaning of section 22B)
22
with someone else or is in another de facto relationship.
23
(6) For the purposes of paragraph (1)(b), 2 persons are related by
24
family if:
25
(a) one is the child (including an adopted child) of the other; or
26
(b) one is another descendant of the other (even if the
27
relationship between them is traced through an adoptive
28
parent); or
29
(c) they have a parent in common (who may be an adoptive
30
parent of either or both of them).
31
For this purpose, disregard whether an adoption is declared void or
32
has ceased to have effect.
33
(7) For the purposes of subsection (6), adopted means adopted under
34
the law of any place (whether in or out of Australia) relating to the
35
adoption of children.
36
37
Schedule 2 Attorney-General
Part 2 A mend ment of other Acts
10 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
1
Part 2
--
Amendment of other Acts
2
Administrative Decisions (Judicial Review) Act 1977
3
2 Subparagraph (d)(iv) of Schedule 2
4
Repeal the subparagraph, substitute:
5
(iv) decisions relating to a person who, having entered
6
Australia as a diplomatic or consular representative of
7
another country, a member of the staff of such a
8
representative or the spouse, de facto partner or a
9
dependent relative of such a representative, was in
10
Australia at the time of the decision (for the purposes of
11
this subparagraph, enter Australia, spouse, de facto
12
partner and relative have the same meanings as in that
13
Act);
14
3 Application
15
The amendment of the Administrative Decisions (Judicial Review) Act
16
1977 made by this Part applies in relation to decisions to which
17
section 13 of that Act applies that are made on or after the
18
commencement of this item.
19
Age Discrimination Act 2004
20
4 Subsection 29(4)
21
Insert:
22
child: without limiting who is a child of a person for the purposes
23
of paragraph (a) of the definition of near relative in this
24
subsection, someone is the child of a person if he or she is the
25
product of a relationship the person has or had as a couple with
26
another person (whether of the same sex or a different sex). For
27
this purpose, someone cannot be the product of a relationship
28
unless he or she is the biological child of at least one of the persons
29
in the relationship or was born to a woman in the relationship.
30
5 Subsection 29(4)
31
Insert:
32
Attorney-General Schedule 2
Amend ment of other Acts Part 2
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 11
de facto partner has the meaning given by the Acts Interpretation
1
Act 1901.
2
6 Subsection 29(4) (paragraph (b) of the definition of near
3
relative)
4
Omit "de facto spouse", substitute "de facto partner".
5
7 Subsection 29(4)
6
Insert:
7
parent: without limiting who is a parent of a person for the
8
purposes of paragraph (a) of the definition of near relative in this
9
subsection, someone is the parent of a person if the person is his or
10
her child because of the definition of child in this section.
11
8 At the end of section 29
12
Add:
13
Family relationships
14
(5) For the purposes of paragraph (a) of the definition of near relative
15
in subsection (4), if one person is the child of another person
16
because of the definition of child in that subsection, relationships
17
traced to or through the person are to be determined on the basis
18
that the person is the child of the other person.
19
Australian Federal Police Act 1979
20
9 At the end of section 42F
21
Add:
22
(3) For the purposes of paragraph (2)(e), family relationships are taken
23
to include the following (without limitation):
24
(a) relationships between de facto partners (within the meaning
25
of the Acts Interpretation Act 1901);
26
(b) relationships of child and parent that arise if someone is the
27
child of a person because of the definition of child in this
28
section;
29
(c) relationships traced through relationships mentioned in
30
paragraphs (a) and (b).
31
Schedule 2 Attorney-General
Part 2 A mend ment of other Acts
12 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
(4) In this section:
1
child: without limiting who is a child of a person for the purposes
2
of this Act, someone is the child of a person if he or she is the
3
product of a relationship the person has or had as a couple with
4
another person (whether of the same sex or a different sex). For
5
this purpose, someone cannot be the product of a relationship
6
unless he or she is the biological child of at least one of the persons
7
in the relationship or was born to a woman in the relationship.
8
10 Application
9
The amendment of the Australian Federal Police Act 1979 made by this
10
Part applies in relation to an application for an order under Part VA of
11
that Act made on or after the commencement of this item.
12
Bankruptcy Act 1966
13
11 Subsection 5(1) (definition of child)
14
Repeal the definition, substitute:
15
child: without limiting who is a child of a person for the purposes
16
of this Act, each of the following is the child of a person:
17
(a) an adopted child, stepchild or exnuptial child of the person;
18
(b) someone who is the product of a relationship the person has
19
or had as a couple with another person (whether of the same
20
sex or a different sex).
21
For the purposes of paragraph (b), someone cannot be the product
22
of a relationship unless he or she is the biological child of at least
23
one of the persons in the relationship or was born to a woman in
24
the relationship.
25
12 Subsection 5(1) (definition of close relative)
26
Omit "de facto spouse", substitute "de facto partner".
27
13 Subsection 5(1)
28
Insert:
29
de facto partner has the meaning given by the Acts Interpretation
30
Act 1901.
31
14 Subsection 5(1) (definition of de facto spouse)
32
Attorney-General Schedule 2
Amend ment of other Acts Part 2
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 13
Repeal the definition.
1
15 Subsection 5(1) (definition of parent)
2
Repeal the definition, substitute:
3
parent: a person is the parent of anyone who is the person's child.
4
16 Subsection 5(1) (paragraph (g) of the definition of related
5
entity)
6
After "spouse", insert ", or de facto partner,".
7
17 Subsection 5(1) (definition of relative)
8
Omit "de facto spouse", substitute "de facto partner".
9
18 Subsection 5(1)
10
Insert:
11
stepchild: without limiting who is a stepchild of a person for the
12
purposes of this Act, someone is the stepchild of a person if he or
13
she would be the person's stepchild except that the person is not
14
legally married to the person's de facto partner.
15
19 At the end of section 5
16
Add:
17
(6) For the purposes of this Act, the members of a person's family are
18
taken to include the following (without limitation):
19
(a) a de facto partner of the person;
20
(b) someone who is the child of the person, or of whom the
21
person is the child, because of the definition of child in this
22
section;
23
(c) anyone else who would be a member of the person's family if
24
someone mentioned in paragraph (a) or (b) is taken to be a
25
member of the person's family.
26
20 Paragraphs 60(4)(a) and (b)
27
After "spouse", insert "or de facto partner".
28
21 At the end of subsection 60(4)
29
Add:
30
Schedule 2 Attorney-General
Part 2 A mend ment of other Acts
14 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
Note:
See also subsection 5(6).
1
22 Subparagraphs 116(2)(d)(i) and (2)(g)(i) and (ii)
2
After "spouse", insert "or de facto partner".
3
23 At the end of paragraph 116(2)(g)
4
Add:
5
Note:
See also subsection 5(6).
6
24 Paragraph 116(2)(r)
7
Omit "de facto spouse", substitute "de facto partner".
8
25 Paragraphs 120(5)(b) and (c)
9
Omit "de facto spouse", substitute "de facto partner".
10
26 Paragraph 120(5)(f)
11
Omit "de facto spouse", substitute "de facto partner".
12
27 Paragraphs 121(6)(b) and (c)
13
Omit "de facto spouse", substitute "de facto partner".
14
28 Paragraph 121(6)(f)
15
Omit "de facto spouse", substitute "de facto partner".
16
29 Paragraph 134(1)(ma)
17
After "spouse", insert "or de facto partner".
18
30 At the end of paragraph 134(1)(ma)
19
Add:
20
Note:
See also subsection 5(6).
21
31 Section 139K (definition of spouse)
22
Omit "de facto spouse", substitute "de facto partner".
23
32 At the end of subsection 265(2)
24
Add:
25
Note:
See also subsection 5(6).
26
Attorney-General Schedule 2
Amend ment of other Acts Part 2
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 15
33 At the end of subsection 268(6)
1
Add:
2
Note:
See also subsection 5(6).
3
Crimes Act 1914
4
34 Subsection 3(1)
5
Insert:
6
child: without limiting who is a child of a person for the purposes
7
of this Act, someone is the child of a person if he or she is the
8
product of a relationship the person has or had as a couple with
9
another person (whether of the same sex or a different sex). For
10
this purpose, someone cannot be the product of a relationship
11
unless he or she is the biological child of at least one of the persons
12
in the relationship or was born to a woman in the relationship.
13
35 Subsection 3(1)
14
Insert:
15
de facto partner has the meaning given by the Acts Interpretation
16
Act 1901.
17
36 Subsection 3(1)
18
Insert:
19
parent: without limiting who is a parent of a person for the
20
purposes of this Act, someone (the adult) is the parent of a person
21
if:
22
(a) the adult is legally entitled to, and has, custody of the person;
23
or
24
(b) the adult is legally responsible for the day-to-day care,
25
welfare and development of the person and has the person in
26
his or her care; or
27
(c) all of the following apply:
28
(i) the person is the adult's child because of the definition
29
of child in this section;
30
(ii) the person is not the adult's biological or adopted child;
31
(iii) there is no order of a court that stops the adult being
32
legally entitled to custody of the person;
33
Schedule 2 Attorney-General
Part 2 A mend ment of other Acts
16 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
(iv) the person is in the adult's custody; or
1
(d) all of the following apply:
2
(i) the person is the adult's child because of the definition
3
of child in this section;
4
(ii) the person is not the adult's biological or adopted child;
5
(iii) there is no order of a court that stops the adult being
6
legally responsible for the day-to-day care, welfare and
7
development of the person;
8
(iv) the adult has the person in his or her care.
9
37 Subsection 3(1)
10
Insert:
11
relative has a meaning affected by subsection (3).
12
38 At the end of section 3
13
Add:
14
(3) For the purposes of this Act, the relatives of a person are taken to
15
include the following (without limitation):
16
(a) a de facto partner of the person;
17
(b) someone who is the child of the person, or of whom the
18
person is the child, because of the definition of child in this
19
section;
20
(c) anyone else who would be a relative of the person if someone
21
mentioned in paragraph (a) or (b) is taken to be a relative of
22
the person.
23
39 At the end of section 16A
24
Add:
25
(4) For the purposes of a reference in this section to a family, the
26
members of a person's family are taken to include the following
27
(without limitation):
28
(a) a de facto partner of the person;
29
(b) someone who is the child of the person, or of whom the
30
person is the child, because of the definition of child in
31
section 3;
32
Attorney-General Schedule 2
Amend ment of other Acts Part 2
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 17
(c) anyone else who would be a member of the person's family if
1
someone mentioned in paragraph (a) or (b) is taken to be a
2
member of the person's family.
3
40 Subsection 23WA(1) (definition of parent)
4
Repeal the definition.
5
Crimes (Superannuation Benefits) Act 1989
6
41 At the end of section 10
7
Add:
8
(3) For the purposes of paragraph (2)(e), family relationships are taken
9
to include the following (without limitation):
10
(a) relationships between de facto partners (within the meaning
11
of the Acts Interpretation Act 1901);
12
(b) relationships of child and parent that arise if someone is the
13
child of a person because of the definition of child in this
14
section;
15
(c) relationships traced through relationships mentioned in
16
paragraphs (a) and (b).
17
(4) In this section:
18
child: without limiting who is a child of a person for the purposes
19
of this section, someone is the child of a person if he or she is the
20
product of a relationship the person has or had as a couple with
21
another person (whether of the same sex or a different sex). For
22
this purpose, someone cannot be the product of a relationship
23
unless he or she is the biological child of at least one of the persons
24
in the relationship or was born to a woman in the relationship.
25
42 Application
26
The amendment of the Crimes (Superannuation Benefits) Act 1989
27
made by this Part applies in relation to an application for a
28
superannuation order or a restraining order made on or after the
29
commencement of this item.
30
Customs Act 1901
31
43 Subsection 4(1)
32
Schedule 2 Attorney-General
Part 2 A mend ment of other Acts
18 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
Insert:
1
child: without limiting who is a child of a person for the purposes
2
of this Act, each of the following is the child of a person:
3
(a) an adopted child or exnuptial child of the person;
4
(b) someone who is the product of a relationship the person has
5
or had as a couple with another person (whether of the same
6
sex or a different sex).
7
For the purposes of paragraph (b), someone cannot be the product
8
of a relationship unless he or she is the biological child of at least
9
one of the persons in the relationship or was born to a woman in
10
the relationship.
11
44 Subsection 4(1)
12
Insert:
13
parent: without limiting who is a parent of a person for the
14
purposes of this Act, someone is the parent of a person if the
15
person is his or her child because of the definition of child in this
16
subsection.
17
45 After section 4
18
Insert:
19
4AAA Members of family
20
For the purposes of this Act, the members of a person's family are
21
taken to include the following (without limitation):
22
(a) a de facto partner of the person (within the meaning of the
23
Acts Interpretation Act 1901);
24
(b) someone who is the child of the person, or of whom the
25
person is the child, because of the definition of child in
26
section 4;
27
(c) anyone else who would be a member of the person's family if
28
someone mentioned in paragraph (a) or (b) is taken to be a
29
member of the person's family.
30
46 Subparagraph 154(3)(a)(i)
31
Repeal the subparagraph, substitute:
32
(i) they are members of the same family; or
33
Attorney-General Schedule 2
Amend ment of other Acts Part 2
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 19
47 At the end of subsection 154(3)
1
Add:
2
Note:
In relation to the reference to member of a family in
3
subparagraph (3)(a)(i), see also section 4AAA.
4
48 At the end of sections 219ZJB and 219ZJC
5
Add:
6
Note:
In relation to references in this section to family member, see also
7
section 4AAA.
8
49 At the end of section 243AB
9
Add:
10
(3) For the purposes of paragraph (2)(e), family relationships are taken
11
to include (without limitation) relationships between persons
12
covered by section 4AAA.
13
50 Subparagraph 269TAA(4)(a)(i)
14
Repeal the subparagraph, substitute:
15
(i) they are members of the same family; or
16
51 At the end of subsection 269TAA(4)
17
Add:
18
Note:
In relation to the reference to member of a family in
19
subparagraph (4)(a)(i), see also section 4AAA.
20
52 Application
21
Amendments of section 154
22
(1)
The amendments of section 154 of the Customs Act 1901 made by this
23
Part apply in relation to goods imported into Australia on or after the
24
commencement of this item.
25
Amendments affecting Part XIII
26
(2)
The amendments of Part I of the Customs Act 1901 made by this Part
27
apply in relation to proceedings instituted under section 243B of that
28
Act on or after the commencement of this item.
29
Schedule 2 Attorney-General
Part 2 A mend ment of other Acts
20 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
(3)
Subitem (2) does not limit the operation of the amendments of Part I of
1
the Customs Act 1901 made by this Part in relation to other provisions
2
of that Act.
3
High Court Justices (Long Leave Payments) Act 1979
4
53 Paragraphs 5(2)(a) and (b)
5
Omit "widow or widower" (wherever occurring), substitute "surviving
6
spouse or de facto partner".
7
54 After subsection 5(2)
8
Insert:
9
(2A) If an amount is payable under paragraph (2)(a) and the Justice
10
leaves more than one surviving spouse or de facto partner, the
11
Attorney-General may give a direction as to the distribution of the
12
amount between or among them.
13
55 At the end of section 5
14
Add:
15
(5) In this section:
16
surviving spouse or de facto partner of a Justice who has died
17
means a person who was the spouse or de facto partner (within the
18
meaning of the Acts Interpretation Act 1901) of the Justice
19
immediately before he or she died.
20
56 Application
21
The amendments of the High Court Justices (Long Leave Payments) Act
22
1979 made by this Part apply in respect of a Justice who dies on or after
23
the commencement of this item.
24
Judges (Long Leave Payments) Act 1979
25
57 Paragraphs 5(2)(a) and (b)
26
Omit "widow or widower" (wherever occurring), substitute "surviving
27
spouse or de facto partner".
28
58 After subsection 5(2)
29
Attorney-General Schedule 2
Amend ment of other Acts Part 2
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 21
Insert:
1
(2A) If an amount is payable under paragraph (2)(a) and the Judge
2
leaves more than one surviving spouse or de facto partner, the
3
Attorney-General may give a direction as to the distribution of the
4
amount between or among them.
5
59 At the end of section 5
6
Add:
7
(5) In this section:
8
surviving spouse or de facto partner of a Judge who has died
9
means a person who was the spouse or de facto partner (within the
10
meaning of the Acts Interpretation Act 1901) of the Judge
11
immediately before he or she died.
12
60 Application
13
The amendments of the Judges (Long Leave Payments) Act 1979 made
14
by this Part apply in respect of a Judge who dies on or after the
15
commencement of this item.
16
Passenger Movement Charge Collection Act 1978
17
61 Section 3 (definition of child)
18
Repeal the definition, substitute:
19
child: without limiting who is a child of a person for the purposes
20
of this Act, each of the following who is under 18 years old is the
21
child of a person:
22
(a) an adopted child, stepchild or exnuptial child of the person;
23
(b) someone who is the product of a relationship the person has
24
or had as a couple with another person (whether of the same
25
sex or a different sex).
26
For the purposes of paragraph (b), someone cannot be the product
27
of a relationship unless he or she is the biological child of at least
28
one of the persons in the relationship or was born to a woman in
29
the relationship.
30
62 Section 3
31
Insert:
32
Schedule 2 Attorney-General
Part 2 A mend ment of other Acts
22 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
de facto partner has the meaning given by the Acts Interpretation
1
Act 1901.
2
63 Section 3 (definition of spouse)
3
Repeal the definition, substitute:
4
spouse of a person includes a de facto partner of the person.
5
64 Section 3
6
Insert:
7
stepchild: without limiting who is a stepchild of a person for the
8
purposes of this Act, someone is the stepchild of a person if he or
9
she would be the person's stepchild except that the person is not
10
legally married to the person's de facto partner.
11
Proceeds of Crime Act 2002
12
65 Paragraphs 180(1)(c) and 181(1)(c)
13
Omit "(including de facto spouse)", substitute "or
*
de facto partner".
14
66 At the end of section 337
15
Add:
16
(6) For the purposes of this section, family relationships are taken to
17
include the following (without limitation):
18
(a) relationships between
*
de facto partners;
19
(b) relationships of child and parent that arise if someone is the
20
child of a person because of the definition of child in
21
section 338;
22
(c) relationships traced through relationships mentioned in
23
paragraphs (a) and (b).
24
67 Section 338
25
Insert:
26
child: without limiting who is a child of a person for the purposes
27
of this Act, someone is the child of a person if he or she is the
28
product of a relationship the person has or had as a couple with
29
another person (whether of the same sex or a different sex). For
30
this purpose, someone cannot be the product of a relationship
31
Attorney-General Schedule 2
Amend ment of other Acts Part 2
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 23
unless he or she is the biological child of at least one of the persons
1
in the relationship or was born to a woman in the relationship.
2
68 Section 338
3
Insert:
4
de facto partner has the meaning given by the Acts Interpretation
5
Act 1901.
6
69 Section 338 (paragraph (a) of the definition of dependant)
7
Omit "de facto partner", substitute "
*
de facto partner".
8
70 Section 338 (paragraph (b) of the definition of dependant)
9
Omit "child", substitute "
*
child".
10
71 Section 338
11
Insert:
12
parent: without limiting who is a parent of a person for the
13
purposes of this Act, someone is the parent of a person if the
14
person is his or her child because of the definition of child in this
15
section.
16
72 Application
17
The amendments of the Proceeds of Crime Act 2002 made by this Part
18
apply in relation to a proceeding under that Act instituted on or after the
19
commencement of this item.
20
Service and Execution of Process Act 1992
21
73 Section 95
22
Insert:
23
child: without limiting who is a child of a person for the purposes
24
of this Act, someone is the child of a person if he or she is the
25
product of a relationship the person has or had as a couple with
26
another person (whether of the same sex or a different sex). For
27
this purpose, someone cannot be the product of a relationship
28
unless he or she is the biological child of at least one of the persons
29
in the relationship or was born to a woman in the relationship.
30
Schedule 2 Attorney-General
Part 2 A mend ment of other Acts
24 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
74 Section 95
1
Insert:
2
parent: without limiting who is a parent of a person for the
3
purposes of this Act, someone is the parent of a person if the
4
person is his or her child because of the definition of child in this
5
subsection.
6
75 At the end of section 96
7
Add:
8
(5) For the purposes of this section, the members of a person's family
9
are taken to include the following (without limitation):
10
(a) a de facto partner of the person (within the meaning of the
11
Acts Interpretation Act 1901);
12
(b) someone who is the child of the person, or of whom the
13
person is the child, because of the definition of child in
14
section 3;
15
(c) anyone else who would be a member of the person's family if
16
someone mentioned in paragraph (a) or (b) is taken to be a
17
member of the person's family.
18
Sex Discrimination Act 1984
19
76 Subsection 4A(2) (definition of child)
20
Repeal the definition, substitute:
21
child: without limiting who is a child of a person for the purposes
22
of this section, each of the following is the child of a person:
23
(a) an adopted child, stepchild or exnuptial child of the person;
24
(b) someone who is the product of a relationship the person has
25
or had as a couple with another person (whether of the same
26
sex or a different sex).
27
For the purposes of paragraph (b), someone cannot be the product
28
of a relationship unless he or she is the biological child of at least
29
one of the persons in the relationship or was born to a woman in
30
the relationship.
31
77 Subsection 4A(2)
32
Insert:
33
Attorney-General Schedule 2
Amend ment of other Acts Part 2
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 25
de facto partner has the meaning given by the Acts Interpretation
1
Act 1901.
2
78 Subsection 4A(2)
3
Insert:
4
parent: without limiting who is a parent of a person for the
5
purposes of this section, someone is the parent of a person if the
6
person is his or her child because of paragraph (b) of the definition
7
of child in this subsection.
8
79 Subsection 4A(2) (definition of spouse)
9
Repeal the definition, substitute:
10
spouse includes a former spouse, a de facto partner and a former
11
de facto partner.
12
80 Subsection 4A(2)
13
Insert:
14
stepchild: without limiting who is a stepchild of a person for the
15
purposes of this section, someone is the stepchild of the person if
16
he or she would be the person's stepchild except that the person is
17
not legally married to the partner.
18
81 At the end of section 4A
19
Add:
20
(3) For the purposes of this section, if one person is the child of
21
another person because of paragraph (b) of the definition of child
22
in subsection (2), relationships traced to or through the person are
23
to be determined on the basis that the person is the child of the
24
other person.
25
82 After subsection 9(10)
26
Insert:
27
(10A) Subsection 14(3A) has effect in relation to discrimination
28
involving dismissal of employees on the ground of family
29
responsibilities, to the extent that the subsection gives effect to any
30
of the following instruments:
31
Schedule 2 Attorney-General
Part 2 A mend ment of other Acts
26 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
(a) the International Covenant on Civil and Political Rights done
1
at New York on 16 December 1966 [1980] ATS 23 (a copy
2
of the English text of which is set out in Schedule 2 to the
3
Human Rights and Equal Opportunity Commission Act
4
1986);
5
(b) the International Covenant on Economic, Social and Cultural
6
Rights done at New York on 16 December 1966 [1976] ATS
7
5;
8
(c) ILO Convention (No. 111) concerning Discrimination in
9
respect of Employment and Occupation done at Geneva on
10
25 June 1958 [1974] ATS 12 (a copy of the English text of
11
which is set out in Schedule 1 to the Human Rights and
12
Equal Opportunity Commission Act 1986);
13
(d) the Convention on the Rights of the Child done at New York
14
on 20 November 1989 [1991] ATS 4.
15
Note:
In 2008, the text of international agreements in the Australian
16
Treaty Series was accessible through the Australian Treaties
17
Library on the AustLII website (www.austlii.edu.au).
18
83 At the end of subsection 10(1)
19
Add "or (10A)".
20
84 After section 11
21
Insert:
22
11A Operation of State and Te rritory laws that further objects of
23
other instrume nts
24
(1) A reference in this section to this Act is a reference to this Act as it
25
has effect because of subsection 9(10A).
26
(2) A reference in this section to a law of a State or Territory is a
27
reference to a law of a State or Territory that deals with
28
discrimination involving dismissal of employees on the ground of
29
family responsibilities.
30
(3) This Act is not intended to exclude or limit the operation of a law
31
of a State or Territory that furthers the objects of a relevant
32
instrument and is capable of operating concurrently with this Act.
33
(4) If:
34
Attorney-General Schedule 2
Amend ment of other Acts Part 2
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 27
(a) a law of a State or Territory that furthers the objects of a
1
relevant instrument deals with a matter dealt with by this Act;
2
and
3
(b) a person has made a complaint, instituted a proceeding or
4
taken any other action under that law in respect of an act or
5
omission in respect of which the person would, but for this
6
subsection, have been entitled to make a complaint under the
7
Human Rights and Equal Opportunity Commission Act 1986
8
alleging that the act or omission is unlawful under subsection
9
14(3A) of this Act;
10
the person is not entitled to make a complaint or institute a
11
proceeding under the Human Rights and Equal Opportunity
12
Commission Act 1986 alleging that the act or omission is unlawful
13
under that subsection.
14
(5) If:
15
(a) a law of a State or Territory that furthers the objects of a
16
relevant instrument deals with a matter dealt with by this Act;
17
and
18
(b) an act or omission by a person that constitutes an offence
19
against that law also constitutes an offence against this Act;
20
the person may be prosecuted and convicted either under that law
21
of the State or Territory or under this Act, but nothing in this
22
subsection renders a person liable to be punished more than once in
23
respect of the same act or omission.
24
(6) In this section:
25
relevant instrument means an instrument referred to in subsection
26
9(10A).
27
Witness Protection Act 1994
28
85 Section 3
29
Insert:
30
parent: without limiting who is a parent of anyone for the purposes
31
of this Act, a person is the parent of another person if the other
32
person is the product of a relationship the person has or had as a
33
couple with a third person (whether of the same sex or a different
34
sex). For this purpose, the other person cannot be the product of the
35
relationship unless he or she is the biological child of at least one
36
Schedule 2 Attorney-General
Part 2 A mend ment of other Acts
28 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
of the person and the third person or was born to a woman in the
1
relationship.
2
3
Attorney-General Schedule 2
Regulations Part 3
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 29
1
Part 3
--
Regulations
2
86 Regulations may deal with transitional, saving or
3
application matters
4
The Governor-General may make regulations prescribing matters of a
5
transitional nature (including prescribing any saving or application
6
provisions) relating to amendments and repeals made by this Schedule
7
or any other Schedule to this Act.
8
9
Schedule 3 Broadband, Co mmunications and the Digital Econo my
30 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
1
Schedule 3
--
Broadband, Communications
2
and the Digital Economy
3
4
Australian Postal Corporation Act 1989
5
1 At the end of subsection 90K(2)
6
Add:
7
Note:
See also subsection (6).
8
2 At the end of section 90K
9
Add:
10
Next of kin
11
(6) In determining for the purposes of subsection (2) whether a person
12
is next of kin of another person, the following persons are also to
13
be taken into account:
14
(a) a de facto partner of the person within the meaning of the
15
Acts Interpretation Act 1901;
16
(b) someone who is the child of the person, or of whom the
17
person is the child, because of subsection (7);
18
(c) anyone else who would be a relative of the person because
19
someone mentioned in paragraph (a) or (b) is taken into
20
account.
21
(7) For the purposes of paragraph (6)(b), someone is the child of a
22
person because of this subsection if he or she is the product of a
23
relationship the person has or had as a couple with another person
24
(whether of the same sex or a different sex). For this purpose,
25
someone cannot be the product of a relationship unless he or she is
26
the biological child of at least one of the persons in the relationship
27
or was born to a woman in the relationship.
28
Broadcasting Services Act 1992
29
3 Subsection 6(1) (paragraph (a) of the definition of
30
associate)
31
Omit "(including a de facto spouse)".
32
Broadband, Co mmun ications and the Digital Econo my Schedule 3
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 31
4 Subsection 6(1) (note at the end of the definition of
1
associate)
2
Omit "Note", substitute "Note 1".
3
5 Subsection 6(1) (at the end of the definition of associate)
4
Add:
5
Note 2:
See also subsection (3).
6
6 Subsection 6(1)
7
Insert:
8
child: without limiting who is a child of a person for the purposes
9
of this Act, someone is the child of a person if he or she is the
10
product of a relationship the person has or had as a couple with
11
another person (whether of the same sex or a different sex). For
12
this purpose, someone cannot be the product of a relationship
13
unless he or she is the biological child of at least one of the persons
14
in the relationship or was born to a woman in the relationship.
15
7 Subsection 6(1)
16
Insert:
17
parent: without limiting who is a parent of a person for the
18
purposes of this Act, someone is the parent of a person if the
19
person is his or her child because of the definition of child in this
20
section.
21
8 Subsection 6(1)
22
Insert:
23
spouse of a person includes a de facto partner of the person within
24
the meaning of the Acts Interpretation Act 1901.
25
9 At the end of section 6
26
Add:
27
(3) For the purposes of paragraph (a) of the definition of associate in
28
subsection (1), if one person is the child of another person because
29
of the definition of child in this section, relationships traced to or
30
through the person are to be determined on the basis that the person
31
is the child of the other person.
32
Schedule 3 Broadband, Co mmunications and the Digital Econo my
32 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
10 Transitional provision
1
For the purposes of the Broadcasting Services Act 1992, if:
2
(a) apart from this item, a person would be in a position to
3
exercise control of a licence, a newspaper or a company on
4
the day on which the amendments of that Act made by this
5
Schedule commence; and
6
(b) the person would be in that position only because of the
7
amendments;
8
the person is, during the period of 6 months starting on the day on
9
which the amendments commence, taken not to be in that position for
10
so long as the person would otherwise have been in that position.
11
Telstra Corporation Act 1991
12
11 Clause 2 of the Schedule
13
Before "In Part 2A", insert "(1)".
14
12 Clause 2 of the Schedule
15
Insert:
16
child: without limiting who is a child of a person for the purposes
17
of Part 2A and this Schedule, someone is the child of a person if he
18
or she is the product of a relationship the person has or had as a
19
couple with another person (whether of the same sex or a different
20
sex). For this purpose, someone cannot be the product of a
21
relationship unless he or she is the biological child of at least one
22
of the persons in the relationship or was born to a woman in the
23
relationship.
24
13 Clause 2 of the Schedule
25
Insert:
26
parent: without limiting who is a parent of a person for the
27
purposes of Part 2A and this Schedule, someone is the parent of a
28
person if the person is his or her child because of the definition of
29
child in this clause.
30
14 Clause 2 of the Schedule (paragraph (b) of the definition
31
of relative)
32
Repeal the paragraph, substitute:
33
Broadband, Co mmun ications and the Digital Econo my Schedule 3
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 33
(b) a de facto partner of the person within the meaning of the
1
Acts Interpretation Act 1901; or
2
15 Clause 2 of the Schedule (paragraph (d) of the definition
3
of relative)
4
Omit "son, daughter", substitute "child".
5
16 Clause 2 of the Schedule (at the end of the definition of
6
relative)
7
Add:
8
Note:
See also subclause (2).
9
17 At the end of clause 2 of the Schedule
10
Add:
11
(2) For the purposes of paragraphs (c), (d) and (e) of the definition of
12
relative in subclause (1), if one person is the child of another
13
person because of the definition of child in that subclause,
14
relationships traced to or through the person are to be determined
15
on the basis that the person is the child of the other person.
16
18 Transitional provision
17
(1)
For the purposes of sections 8BI and 8BJ of the Telstra Corporation Act
18
1991, if:
19
(a) apart from this subitem, an unacceptable foreign-ownership
20
situation would exist on the day on which the amendments of
21
that Act made by this Schedule commence; and
22
(b) the situation would exist only because of the amendments;
23
the situation is, during the period of 6 months starting on the day on
24
which the amendments commence, taken not to exist for so long as it
25
would otherwise have existed.
26
(2)
If:
27
(a) on the day on which the amendments of the Telstra
28
Corporation Act 1991 made by this Schedule commence, a
29
person would, apart from this subitem, be required by
30
regulations made for the purposes of section 8BN of that Act
31
to do something in relation to an ownership matter; and
32
(b) the person would not have been required to do that thing if
33
the amendments had not been made;
34
Schedule 3 Broadband, Co mmunications and the Digital Econo my
34 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
the person is, during the period of 6 months starting on the day on
1
which the amendments commence, taken not to be required to do that
2
thing for so long as the person would otherwise have been required to
3
do that thing.
4
5
Defence Schedule 4
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 35
1
Schedule 4
--
Defence
2
3
Defence Force (Home Loans Assistance) Act 1990
4
1 Section 3
5
Before "In this Act", insert "(1)".
6
2 Section 3 (definition of child)
7
Repeal the definition, substitute:
8
child: without limiting who is a child of a person for the purposes
9
of this Act, someone is the child of a person if:
10
(a) he or she is:
11
(i) a legally adopted child or a stepchild of the person; or
12
(ii) the product of a relationship the person has or had as a
13
couple with another person (whether of the same sex or
14
a different sex); and
15
(b) he or she is:
16
(i) under 16; or
17
(ii) a student.
18
Note:
See also subsection 3(2).
19
3 Section 3
20
Insert:
21
de facto partner has the meaning given by the Acts Interpretation
22
Act 1901.
23
4 Section 3
24
Insert:
25
parent: without limiting who is a parent of a person for the
26
purposes of this Act, someone is the parent of a person if the
27
person is his or her child because of the definition of child in this
28
subsection.
29
5 Section 3 (definition of spouse)
30
Repeal the definition.
31
Schedule 4 Defence
36 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
6 Section 3
1
Insert:
2
surviving spouse or de facto partner, in relation to a deceased
3
person, means a person who was the spouse or de facto partner of
4
the deceased person immediately before the deceased person's
5
death.
6
Note:
See also section 8.
7
7 Section 3 (definition of widow)
8
Repeal the definition (including the note).
9
8 Section 3 (definition of widower)
10
Repeal the definition (including the note).
11
9 At the end of section 3
12
Add:
13
(2) For the purposes of subparagraph (a)(ii) of the definition of child
14
in subsection (1), someone cannot be the product of a relationship
15
unless he or she is the biological child of at least one of the persons
16
in the relationship or was born to a woman in the relationship.
17
10 Paragraphs 5(1)(b) and (c)
18
After "spouse", insert ", de facto partner".
19
11 Paragraphs 6(a), (b) and (c)
20
After "spouse", insert "or de facto partner".
21
12 Section 8
22
Repeal the section, substitute:
23
8 Multiple surviving spouses or de facto partne rs
24
(1) If a deceased person has more than one surviving spouse or
25
de facto partner, the surviving spouse or de facto partner who was
26
living with the person immediately before his or her death is taken,
27
for the purposes of Division 1 of Part 2 and paragraph 29(h), to be
28
the person's sole surviving spouse or de facto partner.
29
Defence Schedule 4
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 37
(2) For the purposes of subsection (1), the person is taken to have been
1
living with a spouse or de facto partner immediately before the
2
death of the person if they were not living together at that time
3
only because of:
4
(a) a temporary absence from each other; or
5
(b) illness or infirmity of either or both of them.
6
13 Subsection 10(3)
7
Omit "widow or widower", substitute "surviving spouse or de facto
8
partner".
9
14 Subparagraph 12(1)(b)(ii)
10
Omit "widow or widower", substitute "surviving spouse or de facto
11
partner".
12
15 Subsection 12(3)
13
Omit "widow or widower", substitute "surviving spouse or de facto
14
partner".
15
16 Application provision
16
The amendments of sections 10 and 12 of the Defence Force (Home
17
Loans Assistance) Act 1990 made by this Schedule apply in relation to
18
an application for an entitlement certificate made on or after the
19
commencement of this Schedule.
20
17 Subsection 14(4)
21
Omit "widow or widower", substitute "surviving spouse or de facto
22
partner".
23
18 Paragraph 15(1)(b)
24
After "spouse", insert "or de facto partner".
25
19 Paragraphs 17(1)(a) and (b)
26
After "spouse", insert "or de facto partner".
27
20 Paragraph 17(1)(b)
28
After "spouse's", insert "or de facto partner's".
29
21 Paragraph 18(1)(b)
30
Schedule 4 Defence
38 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
After "spouse", insert "or de facto partner".
1
22 Application provision
2
The amendments of sections 14, 15, 17 and 18 of the Defence Force
3
(Home Loans Assistance) Act 1990 made by this Schedule apply in
4
relation to an application made under section 14 of that Act on or after
5
the commencement of this Schedule.
6
23 Paragraph 20(2)(d)
7
After "spouse", insert "or de facto partner".
8
24 Application provision
9
If:
10
(a) a person is an entitled person immediately before the
11
commencement of the amendment of paragraph 20(2)(d) of
12
the Defence Force (Home Loans Assistance) Act 1990 made
13
by this Schedule; and
14
(b) apart from this item, subsidy would not become payable to
15
the person on a loan on or after that commencement; and
16
(c) subsidy would not become payable to the person on the loan
17
only because of the amendment;
18
the amendment does not apply in respect of the person and the loan.
19
25 Subparagraph 20(2)(e)(i)
20
After "spouse" (wherever occurring), insert "or de facto partner".
21
26 Subsections 24(1), (2) and (3)
22
Omit "widow or widower" (wherever occurring), substitute "surviving
23
spouse or de facto partner".
24
27 Subsection 24(4)
25
Insert:
26
surviving spouse or de facto partner does not include a surviving
27
spouse or de facto partner who is an eligible person.
28
28 Subsection 24(4) (definition of widow or widower)
29
Repeal the definition.
30
Defence Schedule 4
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 39
29 Subsection 26(1)
1
After "spouse", insert "or de facto partner".
2
Note:
The heading to section 26 is altered by adding at the end "or de facto partners".
3
30 Subsection 26(2)
4
After "spouses", insert "or de facto partners".
5
31 Subparagraph 26(2)(a)(i)
6
After "spouse", insert "or de facto partner".
7
32 Subparagraph 26(2)(a)(ii)
8
Omit "widow or widower", substitute "surviving spouse or de facto
9
partner".
10
33 Paragraph 26(2)(b)
11
Omit "widow or widower", substitute "surviving spouse or de facto
12
partner".
13
34 Paragraph 29(c)
14
After "spouse", insert "or de facto partner".
15
35 Application provision
16
To avoid doubt, the amendment of paragraph 29(c) of the Defence
17
Force (Home Loans Assistance) Act 1990 made by this Schedule does
18
not apply in relation to a subsidised loan on a property where the
19
ownership of the property was converted from a joint tenancy into a
20
tenancy in common with effect before the commencement of the
21
amendment.
22
36 Paragraph 29(d)
23
Omit "person's spouse or former spouse, or to the person and his or her
24
former spouse", substitute "person's spouse or de facto partner, or
25
former spouse or former de facto partner, or to the person and his or her
26
former spouse or former de facto partner".
27
37 Paragraph 29(g)
28
Omit "is not survived by a widow or widower", substitute "does not
29
have a surviving spouse or de facto partner".
30
Schedule 4 Defence
40 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
38 Paragraph 29(h)
1
Omit "widow or widower", substitute "surviving spouse or de facto
2
partner".
3
39 Paragraph 30(1)(a)
4
Omit "is survived by a widow or widower", substitute "has a surviving
5
spouse or de facto partner".
6
40 Paragraph 30(1)(b)
7
Omit "surviving widow or widower", substitute "surviving spouse or
8
de facto partner".
9
41 Paragraph 30(2)(a)
10
Omit "is survived by a widow or widower", substitute "has a surviving
11
spouse or de facto partner".
12
42 Paragraph 30(3)(b)
13
Omit "surviving widow or widower", substitute "surviving spouse or
14
de facto partner".
15
43 Paragraph 30(4)(b)
16
Omit "surviving widow or widower who was legally married to the
17
borrower", substitute "surviving spouse or de facto partner".
18
44 Paragraph 30(4)(d)
19
Omit "surviving widow or widower", substitute "surviving spouse or
20
de facto partner".
21
45 Subsection 30(6)
22
Omit "widow or widower", substitute "surviving spouse or de facto
23
partner".
24
46 Paragraph 36A(1)(d)
25
Omit "widow or widower", substitute "surviving spouse or de facto
26
partner".
27
Defence (Parliamentary Candidates) Act 1969
28
47 Subsection 16(3)
29
Defence Schedule 4
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 41
Repeal the subsection, substitute:
1
(3) For the purposes of this section, the members of a family, in
2
relation to any person, are taken to include the following (without
3
limitation):
4
(a) a de facto partner of the person (within the meaning of the
5
Acts Interpretation Act 1901);
6
(b) someone who is the child of the person, or of whom the
7
person is the child, because of the definition of child in
8
subsection (4);
9
(c) anyone else who would be a member of the person's family if
10
someone mentioned in paragraph (a) or (b) is taken to be a
11
member of the person's family.
12
(4) In this section:
13
child: without limiting who is a child of a person for the purposes
14
of subsection (3), someone is the child of a person if he or she is
15
the product of a relationship the person has or had as a couple with
16
another person (whether of the same sex or a different sex). For
17
this purpose, someone cannot be the product of a relationship
18
unless he or she is the biological child of at least one of the persons
19
in the relationship or was born to a woman in the relationship.
20
dependent means wholly or substantially dependent.
21
Royal Australian Air Force Veterans' Residences Act 1953
22
48 Section 2
23
Insert:
24
de facto partner of a person has the meaning given by the Acts
25
Interpretation Act 1901.
26
49 Section 2 (at the end of paragraphs (a), (b) and (c) of the
27
definition of eligible person)
28
Add "or".
29
50 Section 2 (paragraphs (d), (e) and (f) of the definition of
30
eligible person)
31
Repeal the paragraphs, substitute:
32
Schedule 4 Defence
42 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
(d) a surviving spouse or de facto partner of a person referred to
1
in paragraph (a), (b) or (c); or
2
(e) a parent of a former member referred to in paragraph (a), (b)
3
or (c), if:
4
(i) the former member is deceased and does not have a
5
surviving spouse or de facto partner; and
6
(ii) the parent is the surviving spouse or de facto partner of
7
another person who has died; and
8
(iii) the parent was, at the time of the former member's
9
appointment to, or enlistment in, the Force or Service
10
referred to in paragraph (a), (b) or (c), dependent on the
11
former member; or
12
(f) a parent of a former member referred to in paragraph (a), (b)
13
or (c), if:
14
(i) the former member is deceased and does not have a
15
surviving spouse or de facto partner; or
16
(ii) the parent has a spouse or de facto partner who is so
17
incapacitated as to be unable to contribute materially to
18
the support of the parent.
19
51 Section 2
20
Insert:
21
parent: without limiting who is a parent of anyone for the purposes
22
of this Act, a person is the parent of another person if the other
23
person is the product of a relationship the person has or had as a
24
couple with a third person (whether of the same sex or a different
25
sex). For this purpose, the other person cannot be the product of the
26
relationship unless he or she is the biological child of at least one
27
of the person or the third person or was born to a woman in the
28
relationship.
29
52 Section 2
30
Insert:
31
surviving spouse or de facto partner, in relation to a deceased
32
person, means a person who was the spouse or de facto partner of
33
the deceased person immediately before the deceased's death.
34
53 Application provision
35
Defence Schedule 4
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 43
The amendments of the Royal Australian Air Force Veterans'
1
Residences Act 1953 made by this Schedule apply in relation to a person
2
referred to in paragraph (a), (b) or (c) of the definition of eligible person
3
in section 2 of that Act who dies on or after the commencement of this
4
Schedule.
5
6
Schedule 5 Education, Employ ment and Workplace Relations
44 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
1
Schedule 5
--
Education, Employment and
2
Workplace Relations
3
4
Education Services for Overseas Students Act 2000
5
1 Subsection 6(1) (paragraphs (a), (b) and (c) of the definition
6
of associate)
7
Omit "de facto spouse", substitute "de facto partner".
8
2 Subsection 6(7)
9
Insert:
10
child: without limiting who is a child of a person for the purposes
11
of this section, someone is the child of a person if he or she is the
12
product of a relationship the person has or had as a couple with
13
another person (whether of the same sex or a different sex). For
14
this purpose, someone cannot be the product of a relationship
15
unless he or she is the biological child of at least one of the persons
16
in the relationship or was born to a woman in the relationship.
17
Note:
The heading to subsection 6(7) is replaced by the heading "Other definitions".
18
3 Subsection 6(7)
19
Insert:
20
de facto partner of a person has the meaning given by the Acts
21
Interpretation Act 1901.
22
4 Subsection 6(7)
23
Insert:
24
parent: without limiting who is a parent of a person for the
25
purposes of this section, someone is the parent of a person if the
26
person is his or her child because of the definition of child in this
27
section.
28
5 At the end of section 6
29
Add:
30
Education, Emp loyment and Workplace Relations Schedule 5
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 45
Certain family relationships
1
(8) For the purposes of paragraph (d) of the definition of associate in
2
subsection (1), if one person is the child of another person because
3
of the definition of child in this section, relationships traced to or
4
through the person are to be determined on the basis that the person
5
is the child of the other person.
6
Higher Education Support Act 2003
7
6 Clause 1 of Schedule 1
8
Before "In this Act", insert "(1)".
9
7 Clause 1 of Schedule 1 (paragraph (e) of the definition of
10
Overseas student)
11
After "spouse", insert ", de facto partner (within the meaning of the Acts
12
Interpretation Act 1901)".
13
8 Clause 1 of Schedule 1 (at the end of the definition of
14
Overseas student)
15
Add:
16
Note:
In relation to paragraph (e) of the definition of Overseas student, see
17
also subclause (2).
18
9 At the end of Schedule 1
19
Add:
20
(2) For the purposes of paragraph (e) of the definition of Overseas
21
student in subclause (1), a representative's relatives include
22
(without limitation):
23
(a) an exnuptial or adoptive child of the representative, or
24
someone of whom the representative is an exnuptial or
25
adoptive child; and
26
(b) someone who is a child of the representative, or of whom the
27
representative is a child, because of subclause (3); and
28
(c) relatives traced through relationships referred to in
29
paragraphs (a) and (b).
30
(3) For the purposes of paragraph (2)(b), one person is the child of
31
another person because of this subclause if he or she is the product
32
of a relationship the other person has or had as a couple with a
33
Schedule 5 Education, Employ ment and Workplace Relations
46 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
third person (whether of the same sex or a different sex). For this
1
purpose, he or she cannot be the product of the relationship unless
2
he or she is the biological child of at least one of the persons or
3
was born to a woman in the relationship.
4
Judicial and Statutory Officers (Remuneration and
5
Allowances) Act 1984
6
10 After subsections 4(4A) and 6(4A)
7
Insert:
8
(4B) For the purposes of subsection (4A), spouse includes a de facto
9
partner of a person within the meaning of the Acts Interpretation
10
Act 1901.
11
Safety, Rehabilitation and Compensation Act 1988
12
11 Subsection 4(1)
13
Insert:
14
child: without limiting who is a child of a person for the purposes
15
of this Act, someone is the child of a person if he or she is the
16
product of a relationship the person has or had as a couple with
17
another person (whether of the same sex or a different sex). For
18
this purpose, someone cannot be the product of a relationship
19
unless he or she is the biological child of at least one of the persons
20
in the relationship or was born to a woman in the relationship.
21
12 Subsection 4(1)
22
Insert:
23
de facto partner of a person has the meaning given by the Acts
24
Interpretation Act 1901.
25
13 Subsection 4(1) (paragraph (a) of the definition of
26
dependant)
27
Education, Emp loyment and Workplace Relations Schedule 5
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 47
Omit "father, mother, step-father, step-mother, father-in-law,
1
mother-in-law, grandfather, grandmother, son, daughter, step-son,
2
step-daughter, grandson, grand-daughter, brother, sister, half-brother or
3
half-sister", substitute "parent, step-parent, father-in-law,
4
mother-in-law, grandparent, child, stepchild, grandchild, sibling or
5
half-sibling".
6
14 Subsection 4(1) (at the end of the definition of dependant)
7
Add:
8
Note:
See also subsection 4(2).
9
15 Subsection 4(1)
10
Insert:
11
parent: without limiting who is a parent of a person for the
12
purposes of this Act, someone is the parent of a person if the
13
person is his or her child because of the definition of child in this
14
section.
15
16 Subsection 4(1) (paragraph (a) of the definition of spouse)
16
Repeal the paragraph, substitute:
17
(a) in relation to an employee or a deceased employee--a person
18
who is, or immediately before the employee's death was, a
19
de facto partner of the employee; and
20
17 Subsection 4(1)
21
Insert:
22
stepchild: without limiting who is a stepchild of a person for the
23
purposes of this Act, someone who is a child of a de facto partner
24
of the person is the stepchild of the person if he or she would be
25
the person's stepchild except that the person is not legally married
26
to the partner.
27
18 Subsection 4(1)
28
Insert:
29
step-parent: without limiting who is a step-parent of a person for
30
the purposes of this Act, someone who is a de facto partner of a
31
parent of the person is the step-parent of the person if he or she
32
Schedule 5 Education, Employ ment and Workplace Relations
48 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
would be the person's step-parent except that he or she is not
1
legally married to the person's parent.
2
19 Subsection 4(2)
3
Repeal the subsection, substitute:
4
(2) For the purposes of this Act, relationships (including the
5
relationship of being family or being relatives) are taken to include
6
(without limitation):
7
(a) relationships between de facto partners; and
8
(b) relationships of child and parent that arise:
9
(i) if someone is an exnuptial or adoptive child of a person;
10
or
11
(ii) because of the definitions of child and parent in this
12
section; and
13
(c) relationships traced through relationships referred to in
14
paragraphs (a) and (b).
15
20 Subsection 4(6)
16
Omit "son or daughter", substitute "child".
17
21 Subparagraph 19(12)(b)(i)
18
Omit "father, mother, step-father, step-mother, father-in-law,
19
mother-in-law, grandfather, grandmother, son, daughter, step-son,
20
step-daughter, grandson, granddaughter, brother, sister, half-brother or
21
half-sister", substitute "parent, step-parent, father-in-law,
22
mother-in-law, grandparent, child, stepchild, grandchild, sibling or
23
half-sibling".
24
22 At the end of subsection 19(12)
25
Add:
26
Note:
In relation to subparagraph (12)(b)(i), see also subsection 4(2).
27
23 Subsection 19(13)
28
Repeal the subsection.
29
24 At the end of subsection 29(2)
30
Add:
31
Note:
In relation to paragraph (2)(d), see also subsection 4(2).
32
Education, Emp loyment and Workplace Relations Schedule 5
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 49
25 At the end of subsection 29(4)
1
Add:
2
Note:
In relation to paragraph (4)(f), see also subsection 4(2).
3
26 Application of amendments of the Safety, Rehabilitation
4
and Compensation Act 1988
5
(1)
The amendments of the Safety, Rehabilitation and Compensation Act
6
1988 made by this Schedule apply in relation to a payment made under
7
that Act on or after the commencement of the amendments, other than a
8
payment of a lump sum benefit to which subitem (2) applies.
9
(2)
The amendments of the Safety, Rehabilitation and Compensation Act
10
1988 made by this Schedule apply in relation to a lump sum benefit
11
payable in respect of the death of a person if the death occurs on or after
12
the commencement of the amendments.
13
Seafarers Rehabilitation and Compensation Act 1992
14
27 Section 3
15
Insert:
16
child: without limiting who is a child of a person for the purposes
17
of this Act, someone is the child of a person if he or she is the
18
product of a relationship the person has or had as a couple with
19
another person (whether of the same sex or a different sex). For
20
this purpose, someone cannot be the product of a relationship
21
unless he or she is the biological child of at least one of the persons
22
in the relationship or was born to a woman in the relationship.
23
28 Section 3
24
Insert:
25
de facto partner of a person has the meaning given by the Acts
26
Interpretation Act 1901.
27
29 Section 3 (paragraph (b) of the definition of dependant)
28
Schedule 5 Education, Employ ment and Workplace Relations
50 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
Omit "father, mother, step-father, step-mother, father-in-law,
1
mother-in-law, grandfather, grandmother, son, daughter, step-son,
2
step-daughter, grandson, grand-daughter, brother, sister, half-brother or
3
half-sister", substitute "parent, step-parent, father-in-law,
4
mother-in-law, grandparent, child, stepchild, grandchild, sibling or
5
half-sibling".
6
30 Section 3
7
Insert:
8
parent: without limiting who is a parent of a person for the
9
purposes of this Act, someone is the parent of a person if the
10
person is his or her child because of the definition of child in this
11
section.
12
31 Section 3 (subparagraph (b)(i) of the definition of
13
prescribed person)
14
Omit "father, mother, step-father, step-mother, father-in-law,
15
mother-in-law, grandfather, grandmother, son, daughter, step-son,
16
step-daughter, grandson, grand-daughter, brother, sister, half-brother or
17
half-sister", substitute "parent, step-parent, father-in-law,
18
mother-in-law, grandparent, child, stepchild, grandchild, sibling or
19
half-sibling".
20
32 Section 3 (paragraph (a) of the definition of spouse)
21
Repeal the paragraph, substitute:
22
(a) in relation to an employee or a deceased employee--a person
23
who is, or immediately before the employee's death was, a
24
de facto partner of the employee; and
25
33 Section 3
26
Insert:
27
stepchild: without limiting who is a stepchild of a person for the
28
purposes of this Act, someone who is a child of a de facto partner
29
of the person is the stepchild of the person if he or she would be
30
the person's stepchild except that the person is not legally married
31
to the partner.
32
34 Section 3
33
Insert:
34
Education, Emp loyment and Workplace Relations Schedule 5
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 51
step-parent: without limiting who is a step-parent of a person for
1
the purposes of this Act, someone who is a de facto partner of a
2
parent of the person is the step-parent of the person if he or she
3
would be the person's step-parent except that he or she is not
4
legally married to the person's parent.
5
35 Subsection 15(3)
6
Omit "son or daughter", substitute "child".
7
36 Section 16
8
Repeal the section, substitute:
9
16 Certain family relationships
10
For the purposes of this Act, relationships (including the
11
relationship of being family or being relatives) are taken to include
12
(without limitation):
13
(a) relationships between de facto partners; and
14
(b) relationships of child and parent that arise:
15
(i) if someone is an exnuptial or adoptive child of a person;
16
or
17
(ii) because of the definitions of child and parent in
18
section 3; and
19
(c) relationships traced through relationships referred to in
20
paragraphs (a) and (b).
21
37 At the end of subsection 43(3)
22
Add:
23
Note:
In relation to paragraph (3)(d), see also section 16.
24
38 At the end of subsection 43(5)
25
Add:
26
Note:
In relation to paragraph (5)(f), see also section 16.
27
39 Application of amendments of the Seafarers Rehabilitation
28
and Compensation Act 1992
29
(1)
The amendments of the Seafarers Rehabilitation and Compensation Act
30
1992 made by this Schedule apply in relation to a payment made under
31
Schedule 5 Education, Employ ment and Workplace Relations
52 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
that Act on or after the commencement of the amendments, other than a
1
payment of a lump sum benefit to which subitem (2) applies.
2
(2)
The amendments of the Seafarers Rehabilitation and Compensation Act
3
1992 made by this Schedule apply in relation to a lump sum benefit
4
payable in respect of the death of a person if the death occurs on or after
5
the commencement of the amendments.
6
Student Assistance Act 1973
7
40 Subsection 43B(5)
8
Insert:
9
child: without limiting who is a child of a person for the purposes
10
of this section, someone is the child of a person if he or she is the
11
product of a relationship the person has or had as a couple with
12
another person (whether of the same sex or a different sex). For
13
this purpose, someone cannot be the product of a relationship
14
unless he or she is the biological child of at least one of the persons
15
in the relationship or was born to a woman in the relationship.
16
41 Subsection 43B(5) (paragraph (a) of the definition of
17
parent)
18
After "of the person", insert "or someone of whom the person is a child
19
because of the definition of child in this section".
20
21
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Amend ments commencing on the day after Royal Assent Part 1
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 53
1
Schedule 6
--
Families, Housing, Community
2
Services and Indigenous Affairs
3
Part 1
--
Amendments commencing on the day after
4
Royal Assent
5
Aboriginal Land Grant (Jervis Bay Territory) Act 1986
6
1 Subsection 37(1)
7
Insert:
8
child: without limiting who is a child of a person for the purposes
9
of this Act, someone is the child of a person if he or she is the
10
product of a relationship the person has or had as a couple with
11
another person (whether of the same sex or a different sex). For
12
this purpose, someone cannot be the product of a relationship
13
unless he or she is the biological child of at least one of the persons
14
in the relationship or was born to a woman in the relationship.
15
2 Subsection 37(1)
16
Insert:
17
parent: without limiting who is a parent of a person for the
18
purposes of this Act, someone is the parent of a person if the
19
person is his or her child because of the definition of child in this
20
subsection.
21
3 Subsection 37(1) (definition of spouse)
22
Repeal the definition, substitute:
23
spouse of a person includes a de facto partner of the person within
24
the meaning of the Acts Interpretation Act 1901.
25
4 At the end of section 37
26
Add:
27
(5) For the purposes of the definition of relative in subsection (1), if
28
one person is the child of another person because of the definition
29
of child in that subsection, relationships traced to or through the
30
Schedule 6 Families, Housing, Co mmun ity Serv ices and Indigenous Affairs
Part 1 A mend ments commencing on the day after Royal Assent
54 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
person are to be determined on the basis that the person is the child
1
of the other person.
2
Corporations (Aboriginal and Torres Strait Islander) Act
3
2006
4
5 Paragraph 293-1(2)(d)
5
Omit "and de facto spouses".
6
6 At the end of Division 694
7
Add:
8
694-115 Certain family relationships
9
For the purposes of this Act, relationships (including the
10
relationship of being family) are taken to include (without
11
limitation):
12
(a) relationships between de facto partners (within the meaning
13
of the Acts Interpretation Act 1901); and
14
(b) relationships of child and parent that arise:
15
(i) if someone is an exnuptial or adoptive child of a person;
16
or
17
(ii) if someone is the child of a person because of the
18
definition of child in this Act; and
19
(c) relationships traced through relationships referred to in
20
paragraphs (a) and (b).
21
7 Section 700-1
22
Insert:
23
child: without limiting who is a child of a person for the purposes
24
of this Act, someone is the child of a person if he or she is the
25
product of a relationship the person has or had as a couple with
26
another person (whether of the same sex or a different sex). For
27
this purpose, someone cannot be the product of a relationship
28
unless he or she is the biological child of at least one of the persons
29
in the relationship or was born to a woman in the relationship.
30
8 Section 700-1 (definition of de facto spouse)
31
Repeal the definition.
32
Families, Housing, Co mmun ity Serv ices and Indigenous Affairs Schedule 6
Amend ments commencing on the day after Royal Assent Part 1
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 55
9 Section 700-1
1
Insert:
2
parent: without limiting who is a parent of a person for the
3
purposes of this Act, someone is the parent of a person if the
4
person is his or her child because of the definition of child in this
5
section.
6
10 Section 700-1
7
Insert:
8
spouse of a person includes a de facto partner of the person within
9
the meaning of the Acts Interpretation Act 1901.
10
11
Schedule 6 Families, Housing, Co mmun ity Serv ices and Indigenous Affairs
Part 2 A mend ments commencing on 1 Ju ly 2009
56 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
1
Part 2
--
Amendments commencing on 1 July 2009
2
A New Tax System (Family Assistance) Act 1999
3
11 Subsection 3(1)
4
Insert:
5
relationship child has the same meaning as in the Social Security
6
Act 1991.
7
12 Subsection 3(1)
8
Insert:
9
relationship parent has the same meaning as in the Social Security
10
Act 1991.
11
13 After subsection 22(2)
12
Insert:
13
(2A) The individual is an FTB child of the adult if:
14
(a) the individual is aged under 18; and
15
(b) the adult is the relationship parent of the individual; and
16
(c) there is no order of a court that stops the adult from being
17
legally responsible for the day-to-day care, welfare and
18
development of the individual; and
19
(d) the individual is in the adult's care; and
20
(e) the individual is an Australian resident, is a special category
21
visa holder residing in Australia or is living with the adult.
22
14 Paragraph 23(1)(a)
23
After "subsection 22(2)", insert ", (2A)".
24
15 Subsection 23(2)
25
After "subsection 22(2)", insert ", (2A)".
26
16 Subsection 23(3)
27
After "subsection 22(2)" (wherever occurring), insert ", (2A)".
28
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Amend ments commencing on 1 July 2009 Part 2
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 57
17 Subsection 23(5)
1
Insert:
2
parent includes a relationship parent.
3
Note:
The heading to subsection 23(5) is altered by inserting "parent and" after "of".
4
18 At the end of section 23
5
Add:
6
Parents of relationship children
7
(6) If a child (other than an adopted child) is a relationship child of a
8
person because he or she is the product of a relationship the person
9
has or had as a couple with another person, the two persons in the
10
relationship are taken to be the child's only parents for the
11
purposes of paragraph (c) of the definition of qualifying period in
12
subsection (5).
13
19 Subparagraph 28(3)(c)(i)
14
Omit "natural or adopted child", substitute "natural child, adopted child
15
or relationship child".
16
20 At the end of section 36
17
Add:
18
Definition of parent
19
(7) In this section:
20
parent includes a relationship parent.
21
A New Tax System (Family Assistance) (Administration) Act
22
1999
23
21 At the end of subsection 50R(1)
24
Add:
25
; (c) the relationship between a relationship child and his or her
26
relationship parent.
27
Schedule 6 Families, Housing, Co mmun ity Serv ices and Indigenous Affairs
Part 2 A mend ments commencing on 1 Ju ly 2009
58 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
22 Subsection 50R(2) (paragraphs (a) and (b) of the definition
1
of step-parent)
2
Omit "biological or adoptive parent", substitute "biological parent,
3
adoptive parent or relationship parent".
4
Social Security Act 1991
5
23 Subsection 4(1)
6
Insert:
7
prohibited relationship has the meaning given by subsections (12)
8
and (13).
9
24 After paragraph 4(2)(a)
10
Insert:
11
(aa) both of the following conditions are met:
12
(i) a relationship between the person and another person
13
(whether of the same sex or a different sex) is registered
14
under a law of a State or Territory prescribed for the
15
purposes of section 22B of the Acts Interpretation Act
16
1901 as a kind of relationship prescribed for the
17
purposes of that section;
18
(ii) the person is not, in the Secretary's opinion (formed as
19
mentioned in subsection (3)), living separately and apart
20
from the other person on a permanent or indefinite
21
basis; or
22
25 Subparagraph 4(2)(b)(i)
23
Omit "a person of the opposite sex", substitute "another person, whether
24
of the same sex or a different sex".
25
26 Subparagraph 4(2)(b)(iii)
26
Omit "marriage-like", substitute "de facto".
27
27 Subparagraph 4(2)(b)(v)
28
Omit "for the purposes of section 23B of the Marriage Act 1961".
29
28 Subsection 4(2) (note)
30
Repeal the note.
31
Families, Housing, Co mmun ity Serv ices and Indigenous Affairs Schedule 6
Amend ments commencing on 1 July 2009 Part 2
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 59
29 Subsection 4(3)
1
After "(2)(a)", insert ", subparagraph (2)(aa)(ii)".
2
30 Subparagraph 4(3)(c)(i)
3
After "to", insert ", or in a de facto relationship with,".
4
31 At the end of subparagraph 4(3)(e)(iv)
5
Add "or a de facto relationship".
6
32 Subsection 4(3A)
7
Omit "marriage-like", substitute "de facto".
8
33 Paragraph 4(7)(a)
9
Omit "a matrimonial", substitute "their".
10
34 At the end of section 4
11
Add:
12
Prohibited relationship
13
(12) For the purposes of this Act, a person and his or her partner are
14
within a prohibited relationship if the person is:
15
(a) an ancestor or a descendant of the partner; or
16
(b) a brother, sister, half-brother or half-sister of the partner.
17
(13) For the purposes of subsection (12), a child who is, or has ever
18
been, an adopted child of a person is taken to be the natural child
19
of that person and the person is taken to be the natural parent of the
20
child.
21
35 Subsection 5(1)
22
Insert:
23
child: without limiting who is a child of a person for the purposes
24
of this Act, someone is the child of a person if he or she is the
25
product of a relationship the person has or had as a couple with
26
another person (whether of the same sex or a different sex). For
27
this purpose, someone cannot be the product of a relationship
28
unless he or she is the biological child of at least one of the persons
29
in the relationship or was born to a woman in the relationship.
30
Schedule 6 Families, Housing, Co mmun ity Serv ices and Indigenous Affairs
Part 2 A mend ments commencing on 1 Ju ly 2009
60 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
36 Subsection 5(1) (subparagraph (a)(i) of the definition of
1
parent)
2
Repeal the subparagraph, substitute:
3
(i) in relation to a person (the relevant person), other than
4
an adopted child--a natural parent or relationship parent
5
of the relevant person; or
6
37 Subsection 5(1) (subparagraph (a)(ii) of the definition of
7
parent)
8
Omit "young person", substitute "child".
9
38 Subsection 5(1) (subparagraph (b)(i) of the definition of
10
parent)
11
Omit "natural or adoptive parent", substitute "natural parent, adoptive
12
parent or relationship parent".
13
39 Subsection 5(1) (subparagraph (b)(iv) of the definition of
14
parent)
15
Omit "natural or adoptive parent", substitute "natural parent, adoptive
16
parent or relationship parent".
17
40 Subsection 5(1)
18
Insert:
19
relationship child has the meaning given by subsection (25).
20
41 Subsection 5(1)
21
Insert:
22
relationship parent has the meaning given by subsection (25).
23
42 Subsection 5(1)
24
Insert:
25
step-child: without limiting who is a step-child of a person for the
26
purposes of this Act, someone who is a child of a partner of the
27
person is the step-child of the person, if he or she would be the
28
person's step-child except that the person is not legally married to
29
the partner.
30
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Amend ments commencing on 1 July 2009 Part 2
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 61
43 Subsection 5(1)
1
Insert:
2
step-parent: without limiting who is a step-parent of a person for
3
the purposes of this Act, someone who is a partner of a parent of
4
the person is the step-parent of the person, if he or she would be
5
the person's step-parent except that he or she is not legally married
6
to the person's parent.
7
44 Subsection 5(1) (definition of substitute care)
8
Repeal the definition.
9
45 After paragraph 5(2)(a)
10
Insert:
11
(aa) all of the following apply:
12
(i) the young person is not a dependent child of the adult
13
under paragraph (a);
14
(ii) the adult is a relationship parent of the young person;
15
(iii) there is no order of a court that stops the adult from
16
being legally responsible for the day-to-day care,
17
welfare and development of the young person;
18
(iv) the young person is in the adult's care; or
19
46 Subparagraph 5(2)(b)(i)
20
After "paragraph (a)", insert "or (aa)".
21
47 At the end of section 5
22
Add:
23
Relationship child and relationship parent
24
(25) If:
25
(a) someone is a child of a person because of:
26
(i) the definition of child in subsection (1); or
27
(ii) paragraph (b) of the definition of child in
28
section 1207A; or
29
(iii) paragraph (b) of the definition of child in subsection
30
1209R(5); and
31
(b) he or she is not a biological or adopted child of the person;
32
Schedule 6 Families, Housing, Co mmun ity Serv ices and Indigenous Affairs
Part 2 A mend ments commencing on 1 Ju ly 2009
62 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
the child is the relationship child of the person and the person is
1
the relationship parent of the child.
2
48 Section 5E
3
Before "A person", insert "(1)".
4
49 Paragraph 5E(a)
5
Omit "natural parent, adoptive parent", substitute "parent".
6
50 At the end of section 5E
7
Add:
8
(2) For the purposes of subparagraph (1)(b)(i), if one person is a
9
relationship child, or a step-child, of another person, relationships
10
traced to or through the person are to be determined on the basis
11
that the person is related by blood to the other person.
12
51 Paragraph 8(8)(z)
13
Omit "the person's father, mother, son, daughter, brother or sister",
14
substitute "a parent, child, brother or sister of the person".
15
52 At the end of subsection 10B(3)
16
Add:
17
Note:
For parent see subsection 5(1), paragraph (b) of the definition of
18
parent.
19
53 Paragraph 14A(3)(a)
20
Omit "natural or adopted child", substitute "natural child, adopted child
21
or relationship child".
22
54 Subsection 17A(1) (paragraph (a) of the definition of
23
eligible descendant)
24
Omit "step child", substitute "step-child".
25
55 Subsection 23(1) (paragraph (a) of the definition of
26
immediate family member)
27
Omit "natural parent, adoptive parent", substitute "parent".
28
56 Subsection 23(1)
29
Families, Housing, Co mmun ity Serv ices and Indigenous Affairs Schedule 6
Amend ments commencing on 1 July 2009 Part 2
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 63
Insert:
1
prohibited relationship has the meaning given by subsections
2
4(12) and (13).
3
57 Subsection 23(1)
4
Insert:
5
relationship child has the meaning given by subsection 5(25).
6
58 Subsection 23(1)
7
Insert:
8
relationship parent has the meaning given by subsection 5(25).
9
59 Subsection 23(1) (definition of widow)
10
Repeal the definition.
11
60 Paragraph 23(14)(a)
12
Omit ", father or mother", substitute "or a parent".
13
61 At the end of subsection 23(14)
14
Add:
15
Note:
For parent see subsection 5(1), paragraph (a) of the definition of
16
parent.
17
62 At the end of section 23
18
Add:
19
(22) For the purposes of this Act, if one person is the relationship child
20
of another person, relationships traced to or through the person are
21
to be determined on the basis that the person is the child of the
22
other person.
23
(23) Subsection (22) does not apply for the purposes of determining
24
when a person and his or her partner are within a prohibited
25
relationship under subsection 4(12).
26
63 After subsection 24(1)
27
Insert:
28
(1A) If:
29
Schedule 6 Families, Housing, Co mmun ity Serv ices and Indigenous Affairs
Part 2 A mend ments commencing on 1 Ju ly 2009
64 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
(a) a relationship between a person and another person (whether
1
of the same sex or a different sex) is registered under a law of
2
a State or Territory prescribed for the purposes of
3
section 22B of the Acts Interpretation Act 1901 as a kind of
4
relationship prescribed for the purposes of that section; and
5
(b) the person is not living separately and apart from the other
6
person on a permanent or indefinite basis; and
7
(c) the Secretary is satisfied that the person should, for a special
8
reason in the particular case, not be treated as a member of a
9
couple;
10
the Secretary may determine, in writing, that the person is not to be
11
treated as a member of a couple for the purposes of this Act.
12
64 Paragraph 24(2)(a)
13
Omit "a person of the opposite sex", substitute "another person, whether
14
of the same sex or a different sex".
15
65 Paragraph 24(2)(c)
16
Omit "marriage-like", substitute "de facto".
17
66 At the end of section 24
18
Add:
19
(3) A determination made under subsection (1), (1A) or (2) is not a
20
legislative instrument.
21
Note:
The headings to subsections 93J(1) and (2) are altered by omitting "marital" and
22
substituting "couple".
23
67 Subsection 553B(3) (note 2)
24
Repeal the note, substitute:
25
Note 2:
For parent see subsection 5(1), paragraph (b) of the definition of
26
parent.
27
68 At the end of section 993
28
Add:
29
(3) If a young person (other than an adopted child) is a relationship
30
child of a person because he or she is the product of a relationship
31
the person has or had as a couple with another person, the two
32
Families, Housing, Co mmun ity Serv ices and Indigenous Affairs Schedule 6
Amend ments commencing on 1 July 2009 Part 2
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 65
persons in the relationship are taken to be the young person's only
1
parents for the purposes of this section.
2
69 Section 994
3
Before "A young person", insert "(1)".
4
70 At the end of section 994
5
Add:
6
(2) If a young person (other than an adopted child) is a relationship
7
child of a person because he or she is the product of a relationship
8
the person has or had as a couple with another person, the two
9
persons in the relationship are taken to be the young person's only
10
parents for the purposes of this section.
11
71 At the end of section 995
12
Add:
13
(3) If a young person (other than an adopted child) is a relationship
14
child of a person because he or she is the product of a relationship
15
the person has or had as a couple with another person, the two
16
persons in the relationship are taken to be the young person's only
17
parents for the purposes of this section.
18
72 Paragraphs 1061PL(2)(a) and (b)
19
Omit "natural or adopted child", substitute "natural child, adopted child
20
or relationship child".
21
73 At the end of section 1061PL
22
Add:
23
Parents of relationship children
24
(8) If a person (other than a person who is an adopted child) is a
25
relationship child of another person because he or she is the
26
product of a relationship the other person has or had as a couple
27
with a third person, the two persons in the relationship are taken to
28
be the person's only parents for the purposes of subsections (3),
29
(4), (5), (6) and (7).
30
74 Paragraph 1064(4)(a)
31
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66 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
Omit "a person of the opposite sex", substitute "another person, whether
1
of the same sex or a different sex".
2
75 Paragraph 1064(4)(b)
3
Omit "marriage-like", substitute "de facto".
4
76 Paragraph 1065(3)(a)
5
Omit "a person of the opposite sex", substitute "another person, whether
6
of the same sex or a different sex".
7
77 Paragraph 1065(3)(b)
8
Omit "marriage-like", substitute "de facto".
9
78 Paragraph 1066(3)(a)
10
Omit "a person of the opposite sex", substitute "another person, whether
11
of the same sex or a different sex".
12
79 Paragraph 1066(3)(b)
13
Omit "marriage-like", substitute "de facto".
14
80 Paragraph 1066A(5)(a)
15
Omit "a person of the opposite sex", substitute "another person, whether
16
of the same sex or a different sex".
17
81 Paragraph 1066A(5)(b)
18
Omit "marriage-like", substitute "de facto".
19
82 Paragraph 1066B(4)(a)
20
Omit "a person of the opposite sex", substitute "another person, whether
21
of the same sex or a different sex".
22
83 Paragraph 1066B(4)(b)
23
Omit "marriage-like", substitute "de facto".
24
84 Paragraphs 1067A(3)(a) and (b)
25
Omit "natural or adoptive child", substitute "natural child, adoptive
26
child or relationship child".
27
85 At the end of section 1067A
28
Families, Housing, Co mmun ity Serv ices and Indigenous Affairs Schedule 6
Amend ments commencing on 1 July 2009 Part 2
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 67
Add:
1
Parents of relationship children
2
(13) If a person (other than a person who is an adopted child) is a
3
relationship child of another person because he or she is the
4
product of a relationship the other person has or had as a couple
5
with a third person, the two persons in the relationship are taken to
6
be the person's only parents for the purposes of subsections (5),
7
(6), (7), (8), (9) and (11).
8
86 Section 1067B
9
Before "A person", insert "(1)".
10
87 Paragraphs 1067B(d) and (e)
11
Omit "natural or adoptive child", substitute "natural child, adoptive
12
child or relationship child".
13
88 At the end of section 1067B
14
Add:
15
(2) If a person (other than a person who is an adopted child) is a
16
relationship child of another person because he or she is the
17
product of a relationship the other person has or had as a couple
18
with a third person, the two persons in the relationship are taken to
19
be the person's only parents for the purposes of paragraph (1)(b).
20
89 After paragraph 1067C(1)(a)
21
Insert:
22
(aa) both of the following conditions are met:
23
(i) a relationship between the person and another person
24
(whether of the same sex or a different sex) is registered
25
under a law of a State or Territory prescribed for the
26
purposes of section 22B of the Acts Interpretation Act
27
1901 as a kind of relationship prescribed for the
28
purposes of that section;
29
(ii) the person is not, in the Secretary's opinion (formed as
30
mentioned in subsection (3)), living separately and apart
31
from the other person on a permanent or indefinite
32
basis; or
33
Schedule 6 Families, Housing, Co mmun ity Serv ices and Indigenous Affairs
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68 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
90 Subparagraph 1067C(1)(b)(i)
1
Omit "a person of the opposite sex", substitute "another person, whether
2
of the same sex or a different sex".
3
91 Subparagraphs 1067C(1)(b)(iv), (v) and (vi)
4
Omit "marriage-like", substitute "de facto".
5
92 Subparagraph 1067C(1)(b)(vii)
6
Omit "for the purposes of section 23B of the Marriage Act 1961".
7
93 After paragraph 1067C(2)(a)
8
Insert:
9
(aa) both of the following conditions are met:
10
(i) a relationship between the person and another person
11
(whether of the same sex or a different sex) was
12
registered under a law of a State or Territory prescribed
13
for the purposes of section 22B of the Acts
14
Interpretation Act 1901 as a kind of relationship
15
prescribed for the purposes of that section (whether or
16
not the relationship is still registered);
17
(ii) the person was not, in the Secretary's opinion (formed
18
as mentioned in subsection (3)), living separately and
19
apart from the other person on a permanent or indefinite
20
basis at all times while the relationship was registered;
21
or
22
94 Subparagraph 1067C(2)(b)(i)
23
Omit "a person of the opposite sex", substitute "another person, whether
24
of the same sex or a different sex".
25
95 Subparagraphs 1067C(2)(b)(iv), (v) and (vi)
26
Omit "marriage-like", substitute "de facto".
27
96 Subparagraph 1067C(2)(b)(vii)
28
Omit "for the purposes of section 23B of the Marriage Act 1961".
29
97 Subsection 1067C(3)
30
After "(1)(a),", insert "subparagraph (1)(aa)(ii),".
31
Families, Housing, Co mmun ity Serv ices and Indigenous Affairs Schedule 6
Amend ments commencing on 1 July 2009 Part 2
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 69
98 Subsection 1067C(3)
1
After "(2)(a)", insert ", subparagraph (2)(aa)(ii)".
2
99 Subsection 1067C(4)
3
Omit "marriage-like", substitute "de facto".
4
100 Section 1067C (note)
5
Repeal the note.
6
101 At the end of section 1067D
7
Add:
8
Parents of relationship children
9
(4) If a person (other than a person who is an adopted child) is a
10
relationship child of another person because he or she is the
11
product of a relationship the other person has or had as a couple
12
with a third person, the two persons in the relationship are taken to
13
be the person's only parents for the purposes of paragraph (1)(b).
14
102 Paragraph 1067G(2)(a)
15
After "to the other person", insert "(whether the persons are the same
16
sex or different sexes)".
17
103 Paragraph 1067G(2)(b)
18
Repeal the paragraph.
19
104 After subparagraph (b)(i) of point 1067G-B3AA
20
Insert:
21
(ia) the person is a relationship parent of a child under 16
22
and there is no order of a court that stops the person
23
from being legally responsible for the day-to-day care,
24
welfare and development of the child; or
25
105 Subparagraph (b)(i) of subpoint 1067G-G9(2)
26
After "a child", insert "(other than a relationship child)".
27
106 After subparagraph (b)(i) of subpoint 1067G-G9(2)
28
Insert:
29
Schedule 6 Families, Housing, Co mmun ity Serv ices and Indigenous Affairs
Part 2 A mend ments commencing on 1 Ju ly 2009
70 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
(ia) a relationship child of the person if there is an order of a
1
court that stops the person from being legally
2
responsible for the day-to-day care, welfare and
3
development of the child; or
4
107 Point 1067G-H21
5
Omit "the father, mother, son, daughter", substitute "a parent, child".
6
108 Point 1067G-H22
7
Omit "the person's father, mother, son, daughter, brother or sister",
8
substitute "a parent, child, brother or sister of the person".
9
109 Section 1067J
10
Before "A person", insert "(1)".
11
110 At the end of section 1067J
12
Add:
13
(2) If a person (other than a person who is an adopted child) is a
14
relationship child of another person because he or she is the
15
product of a relationship the other person has or had as a couple
16
with a third person, the two persons in the relationship are taken to
17
be the person's only parents for the purposes of subsection (1).
18
111 Paragraph 1067L(2)(a)
19
After "to the other person", insert "(whether the persons are the same
20
sex or different sexes)".
21
112 Paragraph 1067L(2)(b)
22
Omit "of the opposite sex and".
23
113 Point 1067L-D17
24
Omit "the father, mother, son, daughter", substitute "a parent, child".
25
114 Point 1067L-D18
26
Omit "the person's father, mother, son, daughter, brother or sister",
27
substitute "a parent, child, brother or sister of the person".
28
115 Paragraph 1068(2)(a)
29
Families, Housing, Co mmun ity Serv ices and Indigenous Affairs Schedule 6
Amend ments commencing on 1 July 2009 Part 2
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 71
Omit "a person of the opposite sex", substitute "another person, whether
1
of the same sex or a different sex".
2
116 Paragraph 1068(2)(b)
3
Omit "marriage-like", substitute "de facto".
4
117 Paragraph (b) of point 1068-B1A
5
Omit "natural or adopted child", substitute "natural child, adopted child
6
or relationship child".
7
118 After subparagraph (a)(i) of point 1068-B1B
8
Insert:
9
(ia) the person is a relationship parent of a child under 16
10
and there is no order of a court that stops the person
11
from being legally responsible for the day-to-day care,
12
welfare and development of the child; or
13
119 Point 1068-G5
14
Omit "the father, mother, son, daughter", substitute "a parent, child".
15
120 Point 1068-G6
16
Omit "the person's father, mother, son, daughter, brother or sister",
17
substitute "a parent, child, brother or sister of the person".
18
121 Paragraph 1068A(3)(a)
19
Omit "a person of the opposite sex", substitute "another person, whether
20
of the same sex or a different sex".
21
122 Paragraph 1068A(3)(b)
22
Omit "marriage-like", substitute "de facto".
23
123 Point 1068B-D5
24
Omit "the father, mother, son, daughter", substitute "a parent, child".
25
124 Point 1068B-D6
26
Omit "the person's father, mother, son, daughter, brother or sister",
27
substitute "a parent, child, brother or sister of the person".
28
125 Section 1207A (definition of child)
29
Schedule 6 Families, Housing, Co mmun ity Serv ices and Indigenous Affairs
Part 2 A mend ments commencing on 1 Ju ly 2009
72 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
Repeal the definition, substitute:
1
child: without limiting who is a child of a person for the purposes
2
of this Part, each of the following is the child of a person:
3
(a) an adopted child, step-child or foster-child of the person;
4
(b) someone who is the product of a relationship the person has
5
or had as a couple with another person (whether of the same
6
sex or a different sex).
7
For the purposes of paragraph (b), someone cannot be the product
8
of a relationship unless he or she is the biological child of at least
9
one of the persons in the relationship or was born to a woman in
10
the relationship.
11
126 Subsection 1207B(2)
12
Repeal the subsection, substitute:
13
(2) For the purposes of this section, if one person is the child of
14
another person because of the definition of child in section 1207A,
15
relationships traced to or through the person are to be determined
16
on the basis that the person is the child of the other person.
17
127 Subsection 1209R(5) (definition of child)
18
Repeal the definition, substitute:
19
child of a principal beneficiary means:
20
(a) a natural child, adopted child or step-child of the beneficiary;
21
or
22
(b) someone who is the product of a relationship the beneficiary
23
has or had as a couple with another person (whether of the
24
same sex or a different sex).
25
For the purposes of paragraph (b), someone cannot be the product
26
of a relationship unless he or she is the biological child of at least
27
one of the persons in the relationship or was born to a woman in
28
the relationship.
29
30
Finance and Deregulation Schedule 7
General amendments Part 1
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 73
1
Schedule 7
--
Finance and Deregulation
2
Part 1
--
General amendments
3
Commonwealth Electoral Act 1918
4
1 Subsection 4(1) (at the end of the definition of child)
5
Add:
6
; and (c) a child who is the product of a relationship the person has or
7
had as a couple with another person (whether the persons are
8
the same sex or different sexes).
9
For the purposes of paragraph (c), the child cannot be the product
10
of the relationship unless he or she is the biological child of at least
11
one of the persons or is born to a woman in the relationship.
12
2 Subsection 4(1)
13
Insert:
14
de facto partner of a person has the meaning given by the Acts
15
Interpretation Act 1901.
16
3 Subsection 4(1)
17
Insert:
18
next of kin has a meaning affected by subsection (11).
19
4 Subsection 4(1) (definition of spouse)
20
Repeal the definition.
21
5 At the end of section 4
22
Add:
23
(11) In determining whether a person is next of kin of another person,
24
the following persons are also to be taken into account:
25
(a) a de facto partner of the person;
26
(b) a child of the person, or someone of whom the person is a
27
child, because of the definition of child in this section;
28
Schedule 7 Finance and Deregulation
Part 1 General amendments
74 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
(c) anyone else who would be a relative of the person because
1
someone mentioned in paragraph (a) or (b) is taken into
2
account.
3
6 Paragraph 95(1)(a)
4
After "spouse", insert ", de facto partner".
5
Note:
The heading to section 95 is altered by inserting ", de facto partner" after "spouse".
6
7 At the end of section 104
7
Add:
8
(11) For the purposes of this section, the members of a person's family
9
are taken to include the following (without limitation):
10
(a) a de facto partner of the person;
11
(b) a child of the person, or someone of whom the person is a
12
child, because of the definition of child in section 4;
13
(c) anyone else who would be a member of the person's family
14
because a person mentioned in paragraph (a) or (b) is taken to
15
be a member of the family.
16
Medibank Private Sale Act 2006
17
8 Clause 33 of Schedule 2
18
Before "In this Part", insert "(1)".
19
9 Clause 33 of Schedule 2
20
Insert:
21
child: without limiting who is a child of a person for the purposes
22
of this Part, someone is the child of a person if he or she is the
23
product of a relationship the person has or had as a couple with
24
another person (whether of the same sex or a different sex). For
25
this purpose, someone cannot be the product of a relationship
26
unless he or she is the biological child of at least one of the persons
27
in the relationship or was born to a woman in the relationship.
28
10 Clause 33 of Schedule 2
29
Insert:
30
Finance and Deregulation Schedule 7
General amendments Part 1
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 75
parent: without limiting who is a parent of a person for the
1
purposes of this Part, someone is the parent of a person if the
2
person is his or her child because of the definition of child in this
3
subclause.
4
11 Clause 33 of Schedule 2 (paragraph (b) of the definition of
5
relative)
6
Repeal the paragraph, substitute:
7
(b) the person's de facto partner within the meaning of the Acts
8
Interpretation Act 1901; or
9
12 Clause 33 of Schedule 2 (paragraph (d) of the definition of
10
relative)
11
Omit "son, daughter", substitute "child".
12
13 Clause 33 of Schedule 2 (at the end of the definition of
13
relative)
14
Add:
15
Note:
See also subclause (2).
16
14 At the end of clause 33 of Schedule 2
17
Add:
18
(2) For the purposes of paragraphs (c), (d) and (e) of the definition of
19
relative in subclause (1), if one person is the child of another
20
person because of the definition of child in this Part, relationships
21
traced to or through the person are to be determined on the basis
22
that the person is the child of the other person.
23
15 Transitional provision
24
(1)
For the purposes of clauses 29 and 30 of Schedule 2 of the Medibank
25
Private Sale Act 2006, if:
26
(a) apart from this subitem, an unacceptable ownership situation
27
would exist in relation to a Medibank Private company on the
28
day on which the amendments of that Act made by this
29
Schedule commence; and
30
(b) that situation would exist only because of the amendments;
31
Schedule 7 Finance and Deregulation
Part 1 General amendments
76 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
the situation is, during the period of 6 months starting on the day on
1
which the amendments commence, taken not to exist for so long as it
2
would otherwise have existed.
3
(2)
If:
4
(a) on the day on which the amendments of the Medibank
5
Private Sale Act 2006 made by this Schedule commence, a
6
person would, apart from this subitem, be required by
7
regulations made for the purposes of clause 32 of Schedule 2
8
to that Act to do something in relation to an ownership
9
matter; and
10
(b) the person would not be required to do that thing if the
11
amendments had not been made;
12
the person is, during the period of 6 months starting on the day on
13
which the amendments commence, taken not to be required to do that
14
thing for so long as the person would otherwise have been required to
15
do that thing.
16
Members of Parliament (Life Gold Pass) Act 2002
17
16 Section 3
18
Omit:
19
(a) spouses of pass-holders; and
20
(b) the widows and widowers of deceased
21
pass-holders; and
22
(c) the spouses of sitting members who have satisfied
23
the qualifying period for the issue of a Life Gold
24
Pass.
25
substitute:
26
(a) spouses or de facto partners of pass-holders; and
27
(b) surviving spouses or de facto partners of deceased
28
pass-holders; and
29
Finance and Deregulation Schedule 7
General amendments Part 1
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 77
(c) the spouses or de facto partners of sitting members
1
who have satisfied the qualifying period for the
2
issue of a Life Gold Pass.
3
17 Section 4
4
Insert:
5
de facto partner of a person has the meaning given by the Acts
6
Interpretation Act 1901.
7
18 Section 4
8
Insert:
9
surviving spouse or de facto partner of a person who has died
10
means a spouse or de facto partner of the person immediately
11
before the person died who:
12
(a) was named in a nomination in force under section 9B; or
13
(b) if the person died while a member and satisfied the relevant
14
qualifying period for the issue of a Life Gold Pass before his
15
or her death--was named in a nomination in force for the
16
purposes of a travel entitlement administered by the
17
Department; or
18
(c) if different spouses or de facto partners are named in
19
nominations in force under paragraphs (a) and (b)--the
20
spouse or de facto partner named in the most recent
21
nomination.
22
19 Section 4 (definition of widow)
23
Repeal the definition.
24
20 Section 4 (definition of widower)
25
Repeal the definition.
26
21 Subsection 9(2)
27
Omit "widow or widower", substitute "surviving spouse or de facto
28
partner".
29
Note:
The heading to subsection 9(2) is replaced by the heading "Surviving spouse or de facto
30
partner".
31
22 Paragraphs 9(3)(a) and (b)
32
Schedule 7 Finance and Deregulation
Part 1 General amendments
78 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
Omit "widow or widower", substitute "surviving spouse or de facto
1
partner".
2
23 Subsection 9(4)
3
Omit "widow or widower" (wherever occurring), substitute "surviving
4
spouse or de facto partner".
5
24 At the end of Part 1
6
Add:
7
9A Entitlement of spouses and de facto partners
8
(1) In order for a spouse or de facto partner of a person to be entitled
9
to domestic return trips under this Act, there must be a nomination
10
in force under section 9B in relation to the spouse or de facto
11
partner.
12
(2) Only one spouse or de facto partner of a person may be nominated
13
at any time.
14
9B Nomination of spouse or de facto partne r
15
(1) A person who has a spouse or de facto partner may nominate the
16
spouse or de facto partner as the spouse or de facto partner who is
17
entitled to domestic return trips under this Act.
18
(2) The nomination must:
19
(a) be in writing; and
20
(b) name the spouse or de facto partner; and
21
(c) specify the day (the start day) from which the spouse or
22
de facto partner is to be entitled to domestic return trips under
23
this Act.
24
(3) The start day may be earlier than the day the nomination is made
25
but must not be earlier than the day on which the spouse or de facto
26
partner became the spouse or de facto partner of the person.
27
(4) The nomination is in force during the period:
28
(a) beginning on the start day; and
29
(b) ending on the earlier of:
30
(i) the day the person makes a written revocation of the
31
nomination; or
32
Finance and Deregulation Schedule 7
General amendments Part 1
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 79
(ii) if the person makes a subsequent nomination naming
1
another spouse or de facto partner of the person--the
2
day before the start day for the subsequent nomination.
3
(5) If the start day for a subsequent nomination naming another spouse
4
or de facto partner of a person includes a period during which a
5
previously nominated spouse or de facto partner of the person took
6
one or more domestic return trips, then, despite section 9A, the
7
previously nominated spouse or de facto partner is taken to have
8
been entitled to those domestic return trips.
9
Note:
Under section 14, the total trips that may be taken by the subsequently
10
nominated spouse or de facto partner in the year in which the start day
11
occurs cannot exceed the number of trips left untaken in that year by
12
the previously nominated spouse or de facto partner.
13
25 Subsection 10(1) (column 1 of table item 2)
14
After "spouse", insert "or de facto partner".
15
26 Subsection 10(1) (table item 3)
16
Omit "widow or widower", substitute "surviving spouse or de facto
17
partner".
18
27 Subsection 10(3)
19
After "spouse", insert "or de facto partner".
20
28 Subsection 11(2) (column 1 of table item 2)
21
After "spouse", insert "or de facto partner".
22
29 Subsection 11(2) (table items 3, 4 and 5)
23
Omit "widow or widower", substitute "surviving spouse or de facto
24
partner".
25
30 Part 4 (heading)
26
Repeal the heading, substitute:
27
Part 4--Spouses or de facto partners of sitting
28
members
29
31 Subsection 12(2) (column 1 of table items 1, 2 and 3)
30
After "spouse", insert "or de facto partner".
31
Schedule 7 Finance and Deregulation
Part 1 General amendments
80 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
Note:
The heading to section 12 is altered by inserting "or de facto partners" after
1
"Spouses".
2
32 Section 13
3
After "spouse", insert "or de facto partner".
4
33 Subsection 14(1) (column 3 table heading)
5
Omit "using the pro-rating formula in", substitute "under".
6
34 Subsection 14(1) (column 1 of table item 2)
7
After "spouse", insert "or de facto partner".
8
35 Subsection 14(1) (column 2 of table item 2)
9
Omit "events".
10
36 Subsection 14(1) (column 2 of table item 2)
11
Omit "the person becomes the spouse of the former member", substitute
12
"there is a start day for a nomination under section 9B of the person as
13
the spouse or de facto partner of the former member".
14
37 Subsection 14(1) (column 3 of table item 2)
15
Omit "the day on which the person became the spouse of the former
16
member", substitute "the start day for the nomination under
17
section 9B".
18
38 Subsection 14(1) (column 1 of table item 3)
19
After "spouse", insert "or de facto partner".
20
39 Subsection 14(1) (column 2 of table item 3)
21
Omit "events".
22
40 Subsection 14(1) (column 2 of table item 3)
23
Omit "the person becomes the spouse of the member", substitute "there
24
is a start day for a nomination under section 9B of the person as the
25
spouse or de facto partner of the former member".
26
41 Subsection 14(1) (column 3 of table item 3)
27
Omit "the day on which the person became the spouse of the member",
28
substitute "the start day for the nomination under section 9B".
29
Finance and Deregulation Schedule 7
General amendments Part 1
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 81
42 Subsection 14(2)
1
Repeal the subsection, substitute:
2
Pro-rating of entitlement
3
(2) The number of domestic return trips for the purposes of the table is
4
the lower of:
5
(a) the number of trips worked out using the formula in
6
subsection (2A); and
7
(b) the difference between:
8
(i) the maximum number of trips specified in the relevant
9
item of the table in Part 2, 3 or 4 for a spouse or de facto
10
partner of the member or former member; and
11
(ii) the number of trips (if any) already taken in the year by
12
a spouse or de facto partner of the member or former
13
member previously nominated under section 9B.
14
(2A) For the purposes of paragraph (2)(a), the formula is:
15
Number of domestic
Number of days in the remaining period
return trips specified
365
in the item
16
where:
17
remaining period means the period:
18
(a) beginning on the day worked out using the table; and
19
(b) ending at the end of the year.
20
43 Subsection 19(1) (table item 2)
21
After "spouse" (wherever occurring), insert "or de facto partner".
22
44 Section 21
23
Omit "widow or widower" (wherever occurring), substitute "surviving
24
spouse or de facto partner".
25
45 Sections 22, 23 and 24
26
After "spouse" (wherever occurring), insert "or de facto partner".
27
Note:
The headings to sections 22, 23 and 24 are altered by inserting "or de facto partner"
28
after "spouse".
29
46 Subsection 28(2)
30
Schedule 7 Finance and Deregulation
Part 1 General amendments
82 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
Omit "widow or widower", substitute "surviving spouse or de facto
1
partner".
2
47 Paragraph 29(1)(b)
3
After "spouse", insert "or de facto partner".
4
48 Transitional and application provision for amendments of
5
the Members of Parliament (Life Gold Pass) Act 2002
6
Spouses entitled before commencement
7
(1)
If, immediately before the commencement of the amendments of the
8
Members of Parliament (Life Gold Pass) Act 2002 made by this
9
Schedule, the spouse of a person was entitled to domestic return trips
10
under that Act, the following provisions of that Act apply as if the
11
spouse were nominated under section 9B of that Act:
12
(a) sections 9A and 9B;
13
(b) the definition of surviving spouse or de facto partner in
14
section 4.
15
(2)
Subitem (1) does not prevent a person from revoking a nomination, or
16
giving a subsequent nomination, under section 9B of that Act.
17
Spouses or de facto partners who become entitled on
18
commencement
19
(3)
If:
20
(a) on or after the commencement of the amendments of the
21
Members of Parliament (Life Gold Pass) Act 2002 made by
22
this Schedule, a person makes a nomination under section 9B
23
of that Act; and
24
(b) the nomination names someone who was the spouse or
25
de facto partner of the person on the day on which the
26
amendments commenced;
27
the start day for the nomination cannot be earlier than the day on which
28
the amendments commenced.
29
Application of amendments to surviving spouses or de facto
30
partners
31
(4)
The amendments of the Members of Parliament (Life Gold Pass) Act
32
2002 made by this Schedule apply in relation to entitlements to
33
Finance and Deregulation Schedule 7
General amendments Part 1
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 83
domestic return trips for the surviving spouse or de facto partner of a
1
person if the person's death occurs on or after the commencement of the
2
amendments.
3
Application of amendments to widows and widowers
4
(5)
If, immediately before the commencement of the amendments of the
5
Members of Parliament (Life Gold Pass) Act 2002 made by this
6
Schedule, a person was the widow of a deceased man or the widower of
7
a deceased woman within the meaning of that Act, the person is, after
8
commencement, taken to be the surviving spouse or de facto partner of
9
the man or woman within the meaning of that Act as amended.
10
Parliamentary Entitlements Act 1990
11
49 Section 3
12
Before "In this Act", insert "(1)".
13
50 Section 3 (subparagraph (a)(ii) of the definition of
14
dependent child)
15
Repeal the subparagraph, substitute:
16
(ii) is covered by subsection (2); or
17
(iii) is covered by subsection (3); or
18
51 Section 3 (definition of spouse)
19
Repeal the definition, substitute:
20
spouse of a member includes a de facto partner of the member
21
within the meaning of the Acts Interpretation Act 1901.
22
52 At the end of section 3
23
Add:
24
(2) For the purposes of subparagraph (a)(ii) of the definition of
25
dependent child in subsection (1), a person under 16 is covered by
26
this subsection if:
27
(a) the Officer does not have a legal right to custody, care and
28
control of the person, otherwise than because an order of a
29
court stops the Officer having that right; and
30
Schedule 7 Finance and Deregulation
Part 1 General amendments
84 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
(b) the person is the product of a relationship the Officer has or
1
had as a couple with another person (whether of the same sex
2
or a different sex); and
3
(c) the person is in the care and control of the Officer.
4
For the purposes of paragraph (b), the person under 16 cannot be
5
the product of the relationship unless he or she is the biological
6
child of at least one of the Officer or the other person or was born
7
to a woman in the relationship.
8
(3) For the purposes of subparagraph (a)(iii) of the definition of
9
dependent child in subsection (1), a person under 16 (the child) is
10
covered by this subsection if:
11
(a) there is no person who has the custody, care and control of
12
the child; and
13
(b) there is no Officer in relation to whom the child is a
14
dependent child because of being covered by subsection (2);
15
and
16
(c) there is no other person in relation to whom, if the person
17
were an Officer, the child would be a dependent child
18
because of being covered by subsection (2); and
19
(d) the child is wholly or substantially in the care and control of
20
the Officer.
21
22
Finance and Deregulation Schedule 7
Superannuation amendments (general) Part 2
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 85
1
Part 2
--
Superannuation amendments (general)
2
Superannuation Act 1976
3
53 Paragraph 51(6)(a)
4
After "spouse", insert ", or de facto partner within the meaning of the
5
Acts Interpretation Act 1901,".
6
54 Subparagraph 51A(1)(b)(i)
7
After "spouse", insert ", or de facto partner within the meaning of the
8
Acts Interpretation Act 1901,".
9
55 Application of amendments of the Superannuation Act
10
1976
11
An amendment of the Superannuation Act 1976 made by this Schedule
12
(whether Part 2, 3 or 4) applies in relation to leave commencing on or
13
after the amendment commences.
14
15
Schedule 7 Finance and Deregulation
Part 3 Superannuation amend ments if same-sex superannuation amendments
commence earlier
86 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
1
Part 3
--
Superannuation amendments if same-sex
2
superannuation amendments commence
3
earlier
4
Superannuation Act 1976
5
56 At the end of section 51
6
Add:
7
(7) The reference in paragraph (6)(a) to the birth of a child of the
8
person includes a reference to the birth of a child who is the
9
product of a relationship the person has or had with a partner
10
(whether of the same sex or a different sex).
11
Note:
Subsection 3(10) is relevant to working out if a child is the product of
12
the relationship for the purposes of subsection (7).
13
57 At the end of section 51A
14
Add:
15
(8) The reference in subparagraph (1)(b)(i) to the birth of a child of a
16
person includes a reference to the birth of a child who is the
17
product of a relationship the person has or had with a partner
18
(whether of the same sex or a different sex).
19
Note:
Subsection 3(10) is relevant to working out if a child is the product of
20
the relationship for the purposes of subsection (8).
21
22
Finance and Deregulation Schedule 7
Superannuation amendments if same-sex superannuation amendments commence later
Part 4
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 87
1
Part 4
--
Superannuation amendments if same-sex
2
superannuation amendments commence
3
later
4
Superannuation Act 1976
5
58 At the end of section 51
6
Add:
7
(7) The reference in paragraph (6)(a) to the birth of a child of the
8
person includes a reference to the birth of a child who is the
9
product of a relationship the person has or had as a couple with
10
another person (whether of the same sex or a different sex). For
11
this purpose, the child cannot be the product of the relationship
12
unless he or she is the biological child of at least one of the persons
13
or was born to a woman in the relationship.
14
59 Subsection 51(7)
15
Repeal the subsection, substitute:
16
(7) The reference in paragraph (6)(a) to the birth of a child of the
17
person includes a reference to the birth of a child who is the
18
product of a relationship the person has or had with a partner
19
(whether of the same sex or a different sex).
20
Note:
Subsection 3(10) is relevant to working out if a child is the product of
21
the relationship for the purposes of subsection (7).
22
60 At the end of section 51A
23
Add:
24
(8) The reference in subparagraph (1)(b)(i) to the birth of a child of a
25
person includes a reference to the birth of a child who is the
26
product of a relationship the person has or had as a couple with
27
another person (whether of the same sex or a different sex). For
28
this purpose, the child cannot be the product of the relationship
29
unless he or she is the biological child of at least one of the persons
30
or was born to a woman in the relationship.
31
61 Subsection 51A(8)
32
Schedule 7 Finance and Deregulation
Part 4 Superannuation amend ments if same-sex superannuation amendments
commence later
88 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
Repeal the subsection, substitute:
1
(8) The reference in subparagraph (1)(b)(i) to the birth of a child of a
2
person includes a reference to the birth of a child who is the
3
product of a relationship the person has or had with a partner
4
(whether of the same sex or a different sex).
5
Note:
Subsection 3(10) is relevant to working out if a child is the product of
6
the relationship for the purposes of subsection (8).
7
8
Foreign Affairs and Trade Schedule 8
Amend ment commencing on 1 Ju ly 2009 Part 1
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 89
1
Schedule 8
--
Foreign Affairs and Trade
2
Part 1
--
Amendment commencing on 1 July 2009
3
Australian Passports Act 2005
4
1 After paragraph 53(3)(c)
5
Insert:
6
(ca) the name on a certificate, entry or record relating to the
7
registration of the person's relationship with another person,
8
being a certificate, entry or record:
9
(i) issued or made under, or for the purposes of, a law of a
10
State or Territory prescribed for the purposes of
11
section 22B of the Acts Interpretation Act 1901; and
12
(ii) relating to a kind of relationship prescribed for the
13
purposes of that section; and
14
(iii) issued or made by the Registrar of births, deaths and
15
marriages (however described) of the State or Territory
16
concerned; or
17
18
Schedule 8 Foreign Affairs and Trade
Part 2 A mend ments commencing on the day after Royal Assent
90 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
1
Part 2
--
Amendments commencing on the day after
2
Royal Assent
3
Export Market Development Grants Act 1997
4
2 List of terms defined in Part 9
5
Insert the following entry in its appropriate alphabetical position
6
(determined on a letter-by-letter basis):
7
child
8
3 List of terms defined in Part 9
9
Insert the following entry in its appropriate alphabetical position
10
(determined on a letter-by-letter basis):
11
de facto partner
12
4 List of terms defined in Part 9
13
Omit "de facto spouse".
14
5 List of terms defined in Part 9
15
Insert the following entry in its appropriate alphabetical position
16
(determined on a letter-by-letter basis):
17
parent
18
6 Section 107
19
Before "In", insert "(1)".
20
7 Section 107
21
Insert:
22
child: without limiting who is a child of an individual for the
23
purposes of this Act, someone is the child of an individual if he or
24
she is the product of a relationship the individual has or had as a
25
couple with another individual (whether of the same sex or a
26
different sex). For this purpose, someone cannot be the product of
27
a relationship unless he or she is the biological child of at least one
28
of the individuals in the relationship or was born to a woman in the
29
relationship.
30
Foreign Affairs and Trade Schedule 8
Amend ments commencing on the day after Royal Assent Part 2
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 91
8 Section 107
1
Insert:
2
de facto partner of an individual has the meaning given by the Acts
3
Interpretation Act 1901.
4
9 Section 107 (definition of de facto spouse)
5
Repeal the definition.
6
10 Section 107
7
Insert:
8
parent: without limiting who is a parent of an individual for the
9
purposes of this Act, someone is the parent of an individual if the
10
individual is his or her child because of the definition of child in
11
this section.
12
11 Section 107 (definition of spouse)
13
Omit "de facto spouse", substitute "de facto partner".
14
12 At the end of section 107
15
Add:
16
(2) For the purposes of paragraph (b) of the definition of relative in
17
subsection (1), relationships to an individual may also be traced to
18
or through another individual who is:
19
(a) a de facto partner of the first individual; or
20
(b) an exnuptial or adoptive child of the first individual; or
21
(c) related to the first individual because of the definitions of
22
child and parent in this section.
23
13 Application
24
The amendments of the Export Market Development Grants Act 1997
25
made by this Schedule apply in relation to grants in respect of a grant
26
year commencing on or after 1 July 2009.
27
Trade Representatives Act 1933
28
14 Subsection 11(11)
29
Repeal the subsection, substitute:
30
Schedule 8 Foreign Affairs and Trade
Part 2 A mend ments commencing on the day after Royal Assent
92 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
(11) For the purposes of this section, the members of a person's family
1
are taken to include the following (without limitation):
2
(a) a de facto partner of the person (within the meaning of the
3
Acts Interpretation Act 1901);
4
(b) someone who is the child of the person, or of whom the
5
person is the child, because of the definition of child in this
6
section;
7
(c) anyone else who would be a member of the person's family if
8
someone mentioned in paragraph (a) or (b) is taken to be a
9
member of the person's family.
10
(12) In this section:
11
child: without limiting who is a child of a person for the purposes
12
of this Act, someone is the child of a person if he or she is the
13
product of a relationship the person has or had as a couple with
14
another person (whether of the same sex or a different sex). For
15
this purpose, someone cannot be the product of a relationship
16
unless he or she is the biological child of at least one of the persons
17
in the relationship or was born to a woman in the relationship.
18
relevant person means:
19
(a) a Trade Representative; or
20
(b) an officer appointed under section 10.
21
22
Health and Ageing Schedule 9
Amend ments commencing on the day after Royal Assent Part 1
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 93
1
Schedule 9
--
Health and Ageing
2
Part 1
--
Amendments commencing on the day after
3
Royal Assent
4
Prohibition of Human Cloning for Reproduction Act 2002
5
1 Subsection 8(1) (definition of spouse)
6
Omit "person who, although not legally married to the person, is living
7
with the person as the person's spouse on a bona fide domestic basis",
8
substitute "de facto partner of the person within the meaning of the Acts
9
Interpretation Act 1901".
10
Research Involving Human Embryos Act 2002
11
2 Subsection 7(1) (definition of spouse)
12
Omit "person who, although not legally married to the person, is living
13
with the person as the person's spouse on a bona fide domestic basis",
14
substitute "de facto partner of the person within the meaning of the Acts
15
Interpretation Act 1901".
16
17
Schedule 9 Health and Ageing
Part 2 A mend ments commencing on 1 January 2009
94 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
1
Part 2
--
Amendments commencing on 1 January
2
2009
3
Health Insurance Act 1973
4
3 Subsection 3(1) (sub-subparagraph (f)(v)(A) of the
5
definition of Australian resident)
6
After "child", insert "(each having the same meaning as in the
7
Migration Act 1958)".
8
4 At the end of section 3
9
Add:
10
(18) Someone cannot be the product of the relationship between 2
11
persons (whether the persons are the same sex or different sexes)
12
for the purposes of this Act unless he or she is the biological child
13
of at least one of the persons or was born to a woman in the
14
relationship.
15
5 Paragraph 10AA(6)(b)
16
Repeal the paragraph, substitute:
17
(b) the person is a dependent child in relation to persons in more
18
than one registered family.
19
6 Subsection 10AA(7) (definition of dependent child)
20
Repeal the definition, substitute:
21
dependent child, in relation to a person, means:
22
(a) a child under 16 who is in the custody, care and control of the
23
person; or
24
(b) a child under 16:
25
(i) in relation to whom the person does not have a legal
26
right to custody, care and control, otherwise than
27
because an order of a court stops the person having that
28
right; and
29
(ii) who is the product of a relationship the person has or
30
had as a couple with another person (whether of the
31
same sex or a different sex); and
32
Health and Ageing Schedule 9
Amend ments commencing on 1 January 2009 Part 2
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 95
(iii) who is in the care and control of the person; or
1
(c) a child under 16 who is not the dependent child of a person
2
under paragraph (a) or (b) and who is wholly or substantially
3
in the care and control of the person;
4
(d) a student child who is wholly or substantially dependent on
5
the person.
6
Note:
Subsection 3(18) is relevant to working out if a child is the product of
7
the relationship for the purposes of subparagraph (b)(ii) of the
8
definition of dependent child.
9
7 Subsection 10AA(7) (paragraph (b) of the definition of
10
spouse)
11
Repeal the paragraph, substitute:
12
(b) a de facto partner of the person who is not living, on a
13
permanent basis, separately and apart from the person.
14
8 Subsection 23DZZID(1) (definition of child)
15
Repeal the definition, substitute:
16
child: without limiting who is a child of a person for the purposes
17
of this Part, each of the following is the child of a person:
18
(a) an adopted child or stepchild of the person;
19
(b) someone who is the product of a relationship the person has
20
or had as a couple with another person (whether of the same
21
sex or a different sex).
22
Note:
Subsection 3(18) is relevant to working out if someone is the product
23
of the relationship for the purposes of paragraph (b) of the definition
24
of child.
25
9 Subsection 23DZZID(1) (definition of parent)
26
Repeal the definition, substitute:
27
parent: a person is the parent of anyone who is the person's child.
28
10 Subsection 23DZZID(1) (at the end of the definition of
29
relative)
30
Add:
31
Note:
See also subsection (3).
32
11 Subsection 23DZZID(1) (definition of spouse)
33
Schedule 9 Health and Ageing
Part 2 A mend ments commencing on 1 January 2009
96 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
Omit "de facto spouse", substitute "de facto partner".
1
12 Subsection 23DZZID(1)
2
Insert:
3
stepchild: without limiting who is a stepchild of a person for the
4
purposes of this Part, someone is the stepchild of a person if he or
5
she would be the person's stepchild except that the person is not
6
legally married to the person's de facto partner.
7
13 At the end of section 23DZZID
8
Add:
9
(3) For the purposes of this Part, if one person is the child of another
10
person because of the definition of child in this section,
11
relationships traced to or through that person are to be determined
12
on the basis that the person is the child of the other person.
13
14 Section 46A
14
Insert:
15
parent: without limiting who is a parent of a child for the purposes
16
of this Part, a person is the parent of a child if the child is the
17
product of a relationship the person has or had as a couple with
18
another person (whether of the same sex or a different sex).
19
Note:
Subsection 3(18) is relevant to working out if someone is the product
20
of the relationship for the purposes of the definition of parent.
21
National Health Act 1953
22
15 Subsection 4(1)
23
Insert:
24
de facto partner of a person means:
25
(a) another person (whether of the same sex or a different sex)
26
with whom the person has a relationship that is registered
27
under a law of a State or Territory prescribed for the purposes
28
of section 22B of the Acts Interpretation Act 1901 as a kind
29
of relationship prescribed for the purposes of that section; or
30
Health and Ageing Schedule 9
Amend ments commencing on 1 January 2009 Part 2
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 97
(b) another person (whether of the same sex or a different sex)
1
who is living with the person on a genuine domestic basis
2
although not legally married to the person.
3
16 Subsection 4(1) (definition of de facto spouse)
4
Repeal the definition.
5
17 Subsection 4(1) (definition of spouse)
6
Omit "de facto spouse", substitute "de facto partner".
7
18 At the end of section 4
8
Add:
9
(6) Someone cannot be the product of the relationship between 2
10
persons (whether the persons are the same sex or different sexes)
11
for the purposes of this Act unless he or she is the biological child
12
of at least one of the persons or was born to a woman in the
13
relationship.
14
19 Subsection 9BA(7)
15
Insert:
16
parent: without limiting who is a parent of a child for the purposes
17
of this section, someone is the parent of a child if:
18
(a) the child is the person's adoptive child or stepchild; or
19
(b) the child would be the person's stepchild except that the
20
person is not legally married to the person's de facto partner;
21
or
22
(c) the child is the product of a relationship the person has or had
23
as a couple with another person (whether of the same sex or a
24
different sex).
25
Note:
Subsection 4(6) is relevant to working out if someone is the product of
26
the relationship for the purposes of paragraph (c) of the definition of
27
parent.
28
20 Subsection 84(1) (at the end of the definition of child)
29
Add:
30
Note:
See also subsection (3B).
31
21 After subsection 84(3A)
32
Schedule 9 Health and Ageing
Part 2 A mend ments commencing on 1 January 2009
98 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
Insert:
1
(3B) A reference in the definition of child in subsection (1) to a child of
2
a member includes a reference to:
3
(a) an adoptive child or a stepchild of the person; and
4
(b) someone who would be the stepchild of the person except
5
that the person is not legally married to the person's de facto
6
partner; and
7
(c) someone who is the product of a relationship the member has
8
or had as a couple with another person (whether of the same
9
sex or a different sex).
10
Note:
Subsection 4(6) is relevant to working out if someone is the product of
11
the relationship for the purposes of paragraph (c) of subsection (3B).
12
22 Paragraph 84(4)(b)
13
Omit "of the spouse", substitute "or the spouse".
14
23 After paragraph 84(4)(b)
15
Insert:
16
(ba) a child under the age of 16 years:
17
(i) in relation to whom the person does not have a legal
18
right to custody, care and control, otherwise than
19
because an order of a court stops the person having that
20
right; and
21
(ii) who is the product of a relationship the person has or
22
had as a couple with another person (whether of the
23
same sex or a different sex); and
24
(iii) who is in the care and control of the person or the
25
person's spouse; or
26
(bb) a child under the age of 16 years who is not the dependent
27
child of a person under paragraph (b) or (ba) and who is
28
wholly or substantially in the care and control of the person;
29
or
30
24 At the end of subsection 84(4)
31
Add:
32
Note:
Subsection 4(6) is relevant to working out if a child is the product of
33
the relationship for the purposes of subparagraph (4)(ba)(ii).
34
25 At the end of paragraph 84B(1)(b)
35
Health and Ageing Schedule 9
Amend ments commencing on 1 January 2009 Part 2
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 99
Add "or the person's spouse".
1
26 Subsection 84B(4) (definition of dependent child)
2
Repeal the definition, substitute:
3
dependent child, in relation to a person, means:
4
(a) a child under 16 who is in the custody, care and control of the
5
person; or
6
(b) a child under 16:
7
(i) in relation to whom the person does not have a legal
8
right to custody, care and control, otherwise than
9
because an order of a court stops the person having that
10
right; and
11
(ii) who is the product of a relationship the person has or
12
had as a couple with another person (whether of the
13
same sex or a different sex); and
14
(iii) who is in the care and control of the person; or
15
(c) a child under 16 who is not the dependent child of a person
16
under paragraph (a) or (b) and who is wholly or substantially
17
in the care and control of the person; or
18
(d) a student child who is wholly or substantially dependent on
19
the person.
20
Note:
Subsection 4(6) is relevant to working out if a child is the product of
21
the relationship for the purposes of subparagraph (b)(ii) of the
22
definition of dependent child.
23
27 Subsection 84B(4) (paragraph (b) of the definition of
24
spouse)
25
Repeal the paragraph, substitute:
26
(b) a de facto partner of the person within the meaning of
27
paragraph (a) of the definition of de facto partner in
28
subsection 4(1), who is not living, on a permanent basis,
29
separately and apart from the person;
30
(c) a de facto partner of the person within the meaning of
31
paragraph (b) of the definition of de facto partner in
32
subsection 4(1).
33
28 Paragraph 84B(5)(a)
34
Schedule 9 Health and Ageing
Part 2 A mend ments commencing on 1 January 2009
100 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
Omit "a person who is legally married to another person (the person's
1
partner)", substitute "a person who is the spouse of another person (the
2
person's partner) under paragraph (a) or (b) of the definition".
3
29 Paragraph 84B(5)(b)
4
Omit "a person is not taken to have ceased to live with another person
5
(the person's partner)", substitute "a person who is the spouse of
6
another person (the person's partner) under paragraph (c) of the
7
definition is not taken to have ceased to live with the person's partner".
8
9
Health and Ageing Schedule 9
Amend ments commencing on 1 July 2009 Part 3
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 101
1
Part 3
--
Amendments commencing on 1 July 2009
2
Aged Care Act 1997
3
30 Subsection 44-11(1)
4
Insert:
5
child: without limiting who is a child of a person for the purposes
6
of this section and sections 44-7, 44-8 and 44-10, each of the
7
following is the child of a person:
8
(a) a stepchild or an adopted child of the person;
9
(b) someone who would be the stepchild of the person except
10
that the person is not legally married to the person's partner;
11
(c) someone who is the product of a relationship the person has
12
or had as a couple with another person (whether of the same
13
sex or a different sex);
14
(d) someone included in a class of persons specified for the
15
purposes of this paragraph in the Residential Care Subsidy
16
Principles.
17
For the purposes of paragraph (c), someone cannot be the product
18
of a relationship unless he or she is the biological child of at least
19
one of the persons in the relationship or was born to a woman in
20
the relationship.
21
31 Subsection 44-11(1) (paragraph (a) of the definition of
22
close relation)
23
Omit "the father or mother", substitute "a parent".
24
32 Subsection 44-11(1) (at the end of the definition of close
25
relation)
26
Add:
27
Note:
See also subsection (5).
28
33 Subsection 44-11(1) (after paragraph (a) of the definition
29
of member of a couple)
30
Insert:
31
Schedule 9 Health and Ageing
Part 3 A mend ments commencing on 1 Ju ly 2009
102 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
(aa) a person whose relationship with another person (whether of
1
the same sex or a different sex) is registered under a law of a
2
State or Territory prescribed for the purposes of section 22B
3
of the Acts Interpretation Act 1901 as a kind of relationship
4
prescribed for the purposes of that section, and who is not
5
living separately and apart from the other person on a
6
permanent basis; or
7
34 Subsection 44-11(1) (paragraph (b) of the definition of
8
member of a couple)
9
Omit "in a marriage-like relationship", substitute "(whether of the same
10
sex or a different sex) in a de facto relationship".
11
35 Subsection 44-11(1)
12
Insert:
13
parent: without limiting who is a parent of a person for the
14
purposes of this section and sections 44-7, 44-8 and 44-10,
15
someone is the parent of a person if the person is his or her child
16
because of the definition of child in this section.
17
36 After subparagraph 44-11(2)(a)(i)
18
Insert:
19
(ia) is covered by subsection (2A) in relation to the young
20
person; or
21
37 After subsection 44-11(2)
22
Insert:
23
(2A) For the purposes of subparagraph (2)(a)(ia), an adult is covered by
24
this subsection in relation to a young person if:
25
(a) the young person is the child of the adult because of
26
paragraph (c) of the definition of child in this section; and
27
(b) the adult is not the biological or adoptive parent of the young
28
person; and
29
(c) there is no order of a court that stops the adult from being
30
legally responsible for the day-to-day care, welfare and
31
development of the young person.
32
38 At the end of section 44-11
33
Health and Ageing Schedule 9
Amend ments commencing on 1 July 2009 Part 3
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 103
Add:
1
(5) For the purposes of paragraph (b) of the definition of close relation
2
in subsection (1), if one person is the child of another person
3
because of the definition of child in this section, relationships
4
traced to or through the person are to be determined on the basis
5
that the person is the child of the other person.
6
39 Subparagraph 67A-4(2)(a)(ii)
7
Omit "a next of kin of such a care recipient, or".
8
9
Schedule 10 Immig ration and Citizenship
Part 1 Australian Citizenship Act 2007
104 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
1
Schedule 10
--
Immigration and Citizenship
2
Part 1
--
Australian Citizenship Act 2007
3
1 Section 3 (definition of child)
4
Repeal the definition, substitute:
5
child: without limiting who is a child of a person for the purposes
6
of this Act, each of the following is the child of a person:
7
(a) an adopted child, stepchild or exnuptial child of the person;
8
(b) someone who is the product of a relationship the person has
9
or had as a couple with another person (whether of the same
10
sex or a different sex).
11
For the purposes of paragraph (b), someone cannot be the product
12
of a relationship unless he or she is the biological child of at least
13
one of the persons in the relationship or was born to a woman in
14
the relationship.
15
2 Section 3 (definition of commencement day)
16
After "54", insert "(as originally enacted)".
17
3 Section 3
18
Insert:
19
de facto partner has the meaning given by the Acts Interpretation
20
Act 1901.
21
4 Section 3
22
Insert:
23
stepchild: without limiting who is a stepchild of a person for the
24
purposes of this Act, someone is the stepchild of a person if he or
25
she would be the person's stepchild except that the person is not
26
legally married to the person's de facto partner.
27
5 After subsection 6(1)
28
Insert:
29
(1A) In paragraph (1)(a):
30
Immigration and Citizenship Schedule 10
Australian Citizenship Act 2007 Part 1
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 105
parental responsibility has the same meaning as in Part VII of the
1
Family Law Act 1975.
2
6 Subsection 6(2)
3
Omit "(1)(a), (b)", substitute "(1)(b)".
4
7 Section 8
5
Repeal the section, substitute:
6
8 Children born as a result of artificial conception procedures
7
(1) This section applies if:
8
(a) a child is born to a woman as a result of the carrying out of
9
an artificial conception procedure while the woman:
10
(i) was married to a man (the husband); or
11
(ii) had a de facto partner; and
12
(b) the procedure was carried out with the consent of the
13
husband or de facto partner.
14
(2) The child is taken for the purposes of this Act:
15
(a) to be the child of the woman and the husband or de facto
16
partner; and
17
(b) not to be the child of anyone else.
18
8 Application of amendments affecting sections 3, 6 and 8
19
The amendments of the Australian Citizenship Act 2007 made by this
20
Part, except the amendments of section 22 of that Act, apply in relation
21
to the acquisition or cessation of Australian citizenship on or after the
22
commencement of this Part because of circumstances (including
23
relationships) existing before, on or after that commencement.
24
9 Subsection 22(9)
25
Omit "widow or widower", substitute "de facto partner or surviving
26
spouse or de facto partner".
27
Note:
The heading to subsection 22(9) is altered by omitting "widow or widower" and
28
substituting "de facto partner or surviving spouse or de facto partner".
29
10 Paragraph 22(9)(a)
30
After "spouse", insert "or de facto partner".
31
Schedule 10 Immig ration and Citizenship
Part 1 Australian Citizenship Act 2007
106 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
11 Subsection 22(10)
1
Repeal the subsection, substitute:
2
(10) In subsection (9):
3
surviving spouse or de facto partner of a person who has died
4
means a person who was the person's spouse or de facto partner
5
immediately before the person died and who has not later become
6
the spouse or de facto partner of another person.
7
12 Application of amendments of section 22
8
The amendments of section 22 of the Australian Citizenship Act 2007
9
made by this Part apply in relation to applications to become an
10
Australian citizen:
11
(a) that are made on or after the commencement of this Part; or
12
(b) that:
13
(i) were made before the commencement of this Part; and
14
(ii) were applications in relation to which decisions were
15
not made before that commencement to approve, or to
16
refuse to approve, the applicants becoming Australian
17
citizens.
18
19
Immigration and Citizenship Schedule 10
Migration Act 1958 Part 2
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 107
1
Part 2
--
Migration Act 1958
2
Division 1
--
Main amendments
3
Migration Act 1958
4
13 Subsection 5(1)
5
Insert:
6
child of a person has a meaning affected by section 5CA.
7
14 Subsection 5(1)
8
Insert:
9
de facto partner has the meaning given by section 5CB.
10
15 Subsection 5(1) (paragraph (a) of the definition of health
11
criterion)
12
Omit "(within the meaning of the regulations)".
13
16 Subsection 5(1)
14
Insert:
15
member of the family unit of a person has the meaning given by
16
the regulations made for the purposes of this definition.
17
17 Subsection 5(1)
18
Insert:
19
member of the same family unit: one person is a member of the
20
same family unit as another if either is a member of the family unit
21
of the other or each is a member of the family unit of a third
22
person.
23
18 Subsection 5(1)
24
Insert:
25
parent: without limiting who is a parent of a person for the
26
purposes of this Act, someone is the parent of a person if the
27
Schedule 10 Immig ration and Citizenship
Part 2 Mig ration Act 1958
108 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
person is his or her child because of the definition of child in
1
section 5CA.
2
19 Subsection 5(1)
3
Insert:
4
spouse has the meaning given by section 5F.
5
20 After section 5C
6
Insert:
7
5CA Child of a person
8
(1) Without limiting who is a child of a person for the purposes of this
9
Act, each of the following is the child of a person:
10
(a) an adopted child of the person;
11
(b) someone who is the product of a relationship the person has
12
or had as a couple with another person (whether of the same
13
sex or a different sex).
14
For the purposes of paragraph (b), someone cannot be the product
15
of a relationship unless he or she is the biological child of at least
16
one of the persons in the relationship or was born to a woman in
17
the relationship.
18
(2) The regulations may provide that, for the purposes of this Act, a
19
person specified by the regulations is not a child of another person
20
specified by the regulations in circumstances in which the person
21
would, apart from this subsection, be the child of more than 2
22
persons for the purposes of this Act.
23
(3) Subsection (2), and regulations made for the purposes of that
24
subsection, have effect whether the person specified as not being a
25
child of another person would, apart from that subsection and those
26
regulations, be the child of the other person because of
27
subsection (1) or otherwise.
28
5CB De facto partner
29
De facto partners
30
(1) For the purposes of this Act, a person is the de facto partner of
31
another person (whether of the same sex or a different sex) if,
32
Immigration and Citizenship Schedule 10
Migration Act 1958 Part 2
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 109
under subsection (2), the person is in a de facto relationship with
1
the other person.
2
De facto relationship
3
(2) For the purposes of subsection (1), a person is in a de facto
4
relationship with another person if they are not in a married
5
relationship (for the purposes of section 5F) with each other but:
6
(a) they have a mutual commitment to a shared life to the
7
exclusion of all others; and
8
(b) the relationship between them is genuine and continuing; and
9
(c) they:
10
(i) live together; or
11
(ii) do not live separately and apart on a permanent basis;
12
and
13
(d) they are not related by family (see subsection (4)).
14
(3) The regulations may make provision in relation to the
15
determination of whether one or more of the conditions in
16
paragraphs (2)(a), (b), (c) and (d) exist. The regulations may make
17
different provision in relation to the determination for different
18
purposes whether one or more of those conditions exist.
19
Definition
20
(4) For the purposes of paragraph (2)(d), 2 persons are related by
21
family if:
22
(a) one is the child (including an adopted child) of the other; or
23
(b) one is another descendant of the other (even if the
24
relationship between them is traced through an adoptive
25
parent); or
26
(c) they have a parent in common (who may be an adoptive
27
parent of either or both of them).
28
For this purpose, disregard whether an adoption is declared void or
29
has ceased to have effect.
30
21 After section 5E
31
Insert:
32
Schedule 10 Immig ration and Citizenship
Part 2 Mig ration Act 1958
110 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
5F Spouse
1
(1) For the purposes of this Act, a person is the spouse of another
2
person if, under subsection (2), the 2 persons are in a married
3
relationship.
4
(2) For the purposes of subsection (1), persons are in a married
5
relationship if:
6
(a) they are married to each other under a marriage that is valid
7
for the purposes of this Act; and
8
(b) they have a mutual commitment to a shared life as husband
9
and wife to the exclusion of all others; and
10
(c) the relationship between them is genuine and continuing; and
11
(d) they:
12
(i) live together; or
13
(ii) do not live separately and apart on a permanent basis.
14
(3) The regulations may make provision in relation to the
15
determination of whether one or more of the conditions in
16
paragraphs (2)(a), (b), (c) and (d) exist. The regulations may make
17
different provision in relation to the determination for different
18
purposes whether one or more of those conditions exist.
19
Note:
Section 12 also affects the determination of whether the condition in
20
paragraph (2)(a) of this section exists.
21
5G Relationships and family me mbers
22
(1) For the purposes of this Act, if one person is the child of another
23
person because of the definition of child in section 5CA,
24
relationships traced to or through that person are to be determined
25
on the basis that the person is the child of the other person.
26
(2) For the purposes of this Act, the members of a person's family and
27
relatives of a person are taken to include the following:
28
(a) a de facto partner of the person;
29
(b) someone who is the child of the person, or of whom the
30
person is the child, because of the definition of child in
31
section 5CA;
32
(c) anyone else who would be a member of the person's family
33
or a relative of the person if someone mentioned in
34
paragraph (a) or (b) is taken to be a member of the person's
35
family or a relative of the person.
36
Immigration and Citizenship Schedule 10
Migration Act 1958 Part 2
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 111
This does not limit who is a member of a person's family or
1
relative of a person.
2
22 Paragraph 36(2)(b)
3
Omit "the spouse or a dependant of", substitute "a member of the same
4
family unit as".
5
23 Subsection 48A(2) (paragraph (ab) of the definition of
6
application for a protection visa)
7
Omit "the spouse or a dependant of", substitute "a member of the same
8
family unit as".
9
24 Application of amendments of sections 36 and 48A
10
The amendments of sections 36 and 48A of the Migration Act 1958
11
made by this Part apply in relation to:
12
(a) applications for visas made on or after the commencement of
13
this Part; and
14
(b) applications for visas made before that commencement and
15
not decided before that commencement.
16
25 Subsection 83(1)
17
After "spouse" (wherever occurring), insert "or de facto partner".
18
Note:
The heading to section 83 is altered by inserting ", de facto partner" after "spouse".
19
26 At the end of subsection 83(1)
20
Add:
21
Note:
Subsection 5(1) defines de facto partner and spouse. For the purposes
22
of this section, those definitions apply only in relation to visas granted
23
on or after 1 July 2009: see the Same-Sex Relationships (Equal
24
Treatment in Commonwealth Laws--General Law Reform) Act 2008.
25
This section as in force before the amendment of this Act by that Act
26
continues to apply in relation to visas granted before 1 July 2009.
27
27 At the end of subsection 83(2)
28
Add:
29
Note:
Subsection 5(1) defines child and parent. For the purposes of this
30
section, those definitions apply only in relation to visas granted on or
31
after 1 July 2009: see the Same-Sex Relationships (Equal Treatment in
32
Commonwealth Laws--General Law Reform) Act 2008.
33
28 Application of amendments affecting section 83
34
Schedule 10 Immig ration and Citizenship
Part 2 Mig ration Act 1958
112 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
Amendments of subsection 83(1)
1
(1)
The amendments of subsection 83(1) of the Migration Act 1958 made
2
by this Part apply in relation to visas granted on or after the
3
commencement of this Part.
4
Other amendments affecting subsection 83(1)
5
(2)
The definitions of de facto partner and spouse in subsection 5(1) and
6
sections 5CB and 5F of the Migration Act 1958 (as amended by this
7
Part) apply for the purposes of the operation of subsection 83(1) in
8
relation to visas granted on or after the commencement of this Part.
9
(3)
Subitem (2) does not limit the operation of those definitions in relation
10
to other provisions of that Act.
11
Amendments affecting subsection 83(2)
12
(4)
The definitions of child and parent in subsection 5(1) of the Migration
13
Act 1958 (as amended by this Part) apply for the purposes of the
14
operation of subsection 83(2) in relation to visas granted on or after the
15
commencement of this Part.
16
(5)
Subitem (4) does not limit the operation of those definitions in relation
17
to other provisions of that Act.
18
29 Subsection 84(3)
19
After "spouse", insert ", de facto partner".
20
30 Paragraph 84(5)(a)
21
Repeal the paragraph, substitute:
22
(a) does not have a spouse or de facto partner; and
23
31 Subsection 87(1)
24
After "spouse", insert ", de facto partner".
25
32 Paragraph 87(2)(a)
26
Repeal the paragraph, substitute:
27
(a) does not have a spouse or de facto partner; and
28
33 Application of amendments affecting sections 84 and 87
29
Immigration and Citizenship Schedule 10
Migration Act 1958 Part 2
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 113
(1)
The definition of child in subsection 5(1) of the Migration Act 1958 (as
1
amended by this Part) applies for the purposes of the operation of
2
sections 84 and 87 of that Act in relation to:
3
(a) applications for visas that are made on or after the
4
commencement of this Part; and
5
(b) applications for visas that were made before the
6
commencement of this Part and were not finally determined
7
before that commencement.
8
(2)
Subitem (1) does not limit the operation of that definition in relation to
9
other provisions of that Act.
10
(3)
The amendments of sections 84 and 87 of the Migration Act 1958 made
11
by this Part apply in relation to:
12
(a) applications for visas that are made on or after the
13
commencement of this Part; and
14
(b) applications for visas that were made before the
15
commencement of this Part and were not finally determined
16
before that commencement.
17
34 At the end of section 91S
18
Add:
19
Note:
Section 5G may be relevant for determining family relationships for
20
the purposes of this section.
21
35 Subsection 134(10) (definition of member of the family
22
unit)
23
Repeal the definition.
24
36 Subsection 137T(3)
25
Repeal the subsection.
26
37 Subsection 140(1)
27
Omit "(within the meaning of the regulations)".
28
38 At the end of subsection 192(7)
29
Add:
30
Note:
Section 5G may be relevant for determining relationships for the
31
purposes of paragraph (7)(b).
32
Schedule 10 Immig ration and Citizenship
Part 2 Mig ration Act 1958
114 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
39 Subsections 199(1) and (2) and 205(1) and (2)
1
After "spouse" (wherever occurring), insert "or de facto partner".
2
40 Paragraphs 211(1)(a) and (2)(a)
3
Omit "the spouses of each other within the meaning of the regulations",
4
substitute "spouses or de facto partners of each other".
5
Note:
The heading to section 211 is altered by inserting ", de facto partners" after "spouses".
6
41 Subparagraph 211(3)(b)(i)
7
Omit "spouse within the meaning of the regulations", substitute "spouse
8
or de facto partner".
9
42 Subparagraph 211(3)(b)(ii)
10
Omit "such a spouse", substitute "a spouse, or a de facto partner,".
11
43 Application of amendments of section 211
12
The amendments of section 211 of the Migration Act 1958 made by this
13
Part apply in relation to detention starting on or after the
14
commencement of this Part.
15
44 Paragraphs 212(1)(a) and (2)(a)
16
Omit "the spouses of each other within the meaning of the regulations",
17
substitute "spouses or de facto partners of each other".
18
Note:
The heading to section 212 is altered by inserting ", de facto partners" after "spouses".
19
45 Subparagraph 212(3)(b)(i)
20
Omit "spouse within the meaning of the regulations", substitute "spouse
21
or de facto partner".
22
46 Subparagraph 212(3)(b)(ii)
23
Omit "such a spouse", substitute "a spouse, or a de facto partner,".
24
47 Application of amendments of section 212
25
The amendments of section 212 of the Migration Act 1958 made by this
26
Part apply in relation to removal and deportation on or after the
27
commencement of this Part.
28
48 Paragraph 237(a)
29
Immigration and Citizenship Schedule 10
Migration Act 1958 Part 2
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 115
Omit "married to, or is the de facto spouse of, and has a genuine and
1
continuing marital relationship", substitute "the spouse or de facto
2
partner of, and has a genuine and continuing relationship, involving a
3
shared life to the exclusion of all others".
4
49 Paragraph 237(b)
5
Repeal the paragraph.
6
50 Subparagraphs 237(c)(i), (ii) and (iii)
7
Repeal the subparagraphs, substitute:
8
(i) entering into a married relationship that is not intended
9
to be a genuine and continuing relationship involving a
10
shared life to the exclusion of all others; or
11
(ii) pretending to be a de facto partner of another person.
12
51 Section 238 (definition of interdependency relationship)
13
Repeal the definition.
14
52 Subsection 241(1)
15
Omit "de facto spouses of each other for the purposes of the
16
regulations", substitute "de facto partners of each other".
17
53 Subsection 241(1)
18
Omit "such spouses" (wherever occurring), substitute "such de facto
19
partners".
20
54 Section 242
21
Repeal the section.
22
55 Subsection 243(1)
23
Omit "married to, or being, for the purposes of the regulations, the
24
de facto spouse of,", substitute "the spouse or de facto partner of".
25
56 Subsection 243(1)
26
Omit "genuine and continuing marital relationship", substitute "married
27
relationship (within the meaning of subsection 5F(2)) or de facto
28
relationship (within the meaning of subsection 5CB(2)), as appropriate".
29
57 Subsection 243(3)
30
Schedule 10 Immig ration and Citizenship
Part 2 Mig ration Act 1958
116 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
Omit "married to, or being, for the purposes of the regulations, the
1
de facto spouse of,", substitute "the spouse or de facto partner of".
2
58 Subsection 243(3)
3
Omit "genuine and continuing marital relationship", substitute "married
4
relationship (within the meaning of subsection 5F(2)) or de facto
5
relationship (within the meaning of subsection 5CB(2)), as appropriate".
6
59 Section 244
7
Repeal the section.
8
60 Paragraph 245(1)(a)
9
Omit "have a genuine and continuing marital relationship between
10
them", substitute "are in a married relationship (within the meaning of
11
subsection 5F(2))".
12
61 Paragraphs 245(1)(b) and (c)
13
Repeal the paragraphs, substitute:
14
(b) whether or not other persons are in a de facto relationship
15
(within the meaning of subsection 5CB(2)) with one another;
16
62 Paragraph 245(3)(a)
17
Omit "have a genuine and continuing marital relationship between
18
them", substitute "are in a married relationship (within the meaning of
19
subsection 5F(2))".
20
63 Paragraphs 245(3)(b) and (c)
21
Repeal the paragraphs, substitute:
22
(b) whether or not other persons are in a de facto relationship
23
(within the meaning of subsection 5CB(2)) with one another;
24
64 Application of amendments of Subdivision B of
25
Division 12 of Part 2
26
The amendments of Subdivision B of Division 12 of Part 2 of the
27
Migration Act 1958 made by this Part apply in relation to visas applied
28
for on or after the commencement of this Part.
29
65 Paragraph 338(6)(c)
30
After "spouse,", insert "de facto partner,".
31
Immigration and Citizenship Schedule 10
Migration Act 1958 Part 2
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 117
66 At the end of subsection 338(6)
1
Add:
2
Note:
Section 5G may be relevant for determining family relationships for
3
the purposes of this subsection.
4
67 Paragraph 338(7)(b)
5
After "spouse,", insert "de facto partner,".
6
68 At the end of subsection 338(7)
7
Add:
8
Note:
Section 5G may be relevant for determining family relationships for
9
the purposes of this subsection.
10
69 Application of amendments of section 338
11
The amendments of section 338 of the Migration Act 1958 made by this
12
Part apply to decisions made on or after the commencement of this Part.
13
70 At the end of subsection 347(2)
14
Add:
15
Note:
Section 5G may be relevant for determining family relationships for
16
the purposes of paragraph (2)(c).
17
71 At the end of subsection 431(2)
18
Add:
19
Note:
Section 5G may be relevant for determining relationships for the
20
purposes of this subsection.
21
72 Subsection 492(2)
22
Omit ", 243 or 244", substitute "or 243".
23
73 At the end of subsection 501K(2)
24
Add:
25
Note:
Section 5G may be relevant for determining relationships for the
26
purposes of this subsection.
27
74 Subsection 507(1)
28
Omit "married or being the de facto spouse", substitute "the spouse or
29
de facto partner".
30
Schedule 10 Immig ration and Citizenship
Part 2 Mig ration Act 1958
118 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
75 Paragraph 507(1)(a)
1
Omit "de facto spouse", substitute "de facto partner".
2
Division 2
--
Consequential amendment
3
Australian Citizenship Act 2007
4
76 Subparagraph 34(6)(a)(i)
5
Omit ", 243 or 244", substitute "or 243, or former section 244 (as in
6
force before its repeal by the Same-Sex Relationships (Equal Treatment
7
in Commonwealth Laws--General Law Reform) Act 2008),".
8
9
Immigration and Citizenship Schedule 10
Immigration (Education) Act 1971 Part 3
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 119
1
Part 3
--
Immigration (Education) Act 1971
2
77 Section 3
3
Insert:
4
child of a person has the same meaning as in the Migration Act.
5
78 Section 3
6
Insert:
7
parent of a person has the same meaning as in the Migration Act.
8
9
Schedule 10 Immig ration and Citizenship
Part 4 Immig ration (Guardianship of Children) Act 1946
120 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
1
Part 4
--
Immigration (Guardianship of Children) Act
2
1946
3
79 Section 4
4
Insert:
5
parent: without limiting who is a parent of anyone for the purposes
6
of this Act, a person is the parent of another person if the other
7
person is the product of a relationship the person has or had as a
8
couple with a third person (whether of the same sex or a different
9
sex). For this purpose, the other person cannot be the product of the
10
relationship unless he or she is the biological child of at least one
11
of the person and the third person or was born to a woman in the
12
relationship.
13
80 Section 4
14
Insert:
15
relative of a person includes:
16
(a) a parent of the person; and
17
(b) anyone who is a step-parent of the person or would be except
18
that he or she is not legally married to his or her de facto
19
partner (within the meaning of the Acts Interpretation Act
20
1901); and
21
(c) anyone else who would be a relative of the person if someone
22
mentioned in paragraph (a) or (b) were a relative of the
23
person.
24
81 Section 6
25
Omit "father and mother", substitute "parents".
26
82 Application
27
The amendments made by this Part apply in relation to persons under 18
28
who enter Australia on or after commencement.
29
30
Infrastructure, Transport, Regional Develop ment and Local Govern ment Schedule 11
Carriers' liability amend ments (general) Part 1
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 121
1
Schedule 11
--
Infrastructure, Transport,
2
Regional Development and Local
3
Government
4
Part 1
--Carriers' liability amendments (general)
5
Civil Aviation (Carriers' Liability) Act 1959
6
1 Paragraph 5(2)(a)
7
Omit "de facto spouse", substitute "de facto partner".
8
2 Paragraph 5(3)(c)
9
Repeal the paragraph, substitute:
10
(c) relationships of child and parent that arise because of the
11
definitions of child and parent in this section; and
12
(d) relationships traced through relationships referred to in
13
paragraphs (a), (b) and (c).
14
15
Schedule 11 Infrastructure, Transport, Regional Development and Local Govern ment
Part 2 Carriers' liability amendments if Montreal Convention amendments commence
earlier
122 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
1
Part 2
--Carriers' liability amendments if Montreal
2
Convention amendments commence earlier
3
Civil Aviation (Carriers' Liability) Act 1959
4
3 Subsection 5(1)
5
Insert:
6
child: without limiting who is a child of a person for the purposes
7
of this Act, someone is the child of a person if he or she is the
8
product of a relationship the person has or had as a couple with
9
another person (whether of the same sex or a different sex). For
10
this purpose, someone cannot be the product of a relationship
11
unless he or she is the biological child of at least one of the persons
12
in the relationship or was born to a woman in the relationship.
13
4 Subsection 5(1)
14
Insert:
15
de facto partner of a person has the meaning given by the Acts
16
Interpretation Act 1901.
17
5 Subsection 5(1)
18
Insert:
19
parent: without limiting who is a parent of a person for the
20
purposes of this Act, someone is the parent of a person if the
21
person is his or her child because of the definition of child in this
22
section.
23
6 Subsection 5(1)
24
Insert:
25
stepchild: without limiting who is a stepchild of a person for the
26
purposes of this Act, someone who is a child of a de facto partner
27
of the person is the stepchild of the person, if he or she would be
28
the person's stepchild except that the person is not legally married
29
to the partner.
30
Infrastructure, Transport, Regional Develop ment and Local Govern ment Schedule 11
Carriers' liability amend ments if Montreal Convention amend ments commence earlier
Part 2
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 123
7 Subsection 5(1)
1
Insert:
2
step-parent: without limiting who is a step-parent of a person for
3
the purposes of this Act, someone who is a de facto partner of a
4
parent of the person is the step-parent of the person, if he or she
5
would be the person's step-parent except that he or she is not
6
legally married to the person's parent.
7
8
Schedule 11 Infrastructure, Transport, Regional Development and Local Govern ment
Part 3 Carriers' liability amendments if Montreal Convention amendments commence
later
124 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
1
Part 3
--Carriers' liability amendments if Montreal
2
Convention amendments commence later
3
Civil Aviation (Carriers' Liability) Act 1959
4
8 Section 5
5
Insert:
6
child: without limiting who is a child of a person for the purposes
7
of this Act, someone is the child of a person if he or she is the
8
product of a relationship the person has or had as a couple with
9
another person (whether of the same sex or a different sex). For
10
this purpose, someone cannot be the product of a relationship
11
unless he or she is the biological child of at least one of the persons
12
in the relationship or was born to a woman in the relationship.
13
9 Section 5
14
Insert:
15
de facto partner of a person has the meaning given by the Acts
16
Interpretation Act 1901.
17
10 Section 5
18
Insert:
19
parent: without limiting who is a parent of a person for the
20
purposes of this Act, someone is the parent of a person if the
21
person is his or her child because of the definition of child in this
22
section.
23
11 Section 5
24
Insert:
25
stepchild: without limiting who is a stepchild of a person for the
26
purposes of this Act, someone who is a child of a de facto partner
27
of the person is the stepchild of the person, if he or she would be
28
the person's stepchild except that the person is not legally married