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 [Page Break] 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 i Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] 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 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 ii [Page Break] 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 iii Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] 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 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 iv [Page Break] 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 v Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] 2 same-sex couples and their children in 3 Commonwealth laws, and for other purposes 4 The Parliament of Australia enacts: 5 1 Short title 6 This Act may be cited as the Same-Sex Relationships (Equal 7 Treatment in Commonwealth Laws--General Law Reform) Act 8 2008. 9 2 Commence ment 10 (1) Each provision of this Act specified in column 1 of the table 11 commences, or is taken to have commenced, in accordance with 12 column 2 of the table. Any other statement in column 2 has effect 13 according to its terms. Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 1 [Page Break] Commencement informati on Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 The day on which this Act receives the and anything in Royal Assent. this Act not elsewhere covered by this table 2. Schedule 1 The day after this Act receives the Royal Assent. 3. Schedule 2, The day after this Act receives the Royal Part 1 Assent. 4. Schedule 2, 1 Ju ly 2009. 1 Ju ly 2009 items 2 and 3 5. Schedule 2, The day after this Act receives the Royal items 4 to 23 Assent. 6. Schedule 2, The later of: item 24 (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, The day after this Act receives the Royal item 25 Assent. 8. Schedule 2, The later of: item 26 (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 2 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details item 27 Assent. 10. Schedule 2, The later of: item 28 (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, The day after this Act receives the Royal items 29 to 86 Assent. 12. Schedules 3, The day after this Act receives the Royal 4 and 5 Assent. 13. Schedule 6, The day after this Act receives the Royal Part 1 Assent. 14. Schedule 6, 1 Ju ly 2009. 1 Ju ly 2009 Part 2 15. Schedule 7, On the day after the end of the period of 3 items 1 to 7 months beginning on the day on which this Act receives the Royal Assent. 16. Schedule 7, The day after this Act receives the Royal items 8 to 55 Assent. 17. Schedule 7, The day after this Act receives the Royal Part 3 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, The day after this Act receives the Royal item 58 Assent. However, if Schedule 1 to the Same-Sex Relationships (Equal Treatment in Commonwealth Laws--Superannuation) Act Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 3 [Page Break] 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, Immediately after the commencement of item 59 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, The day after this Act receives the Royal item 60 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, Immediately after the commencement of item 61 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, 1 Ju ly 2009. 1 Ju ly 2009 Part 1 23. Schedule 8, The day after this Act receives the Royal Part 2 Assent. 24. Schedule 9, The day after this Act receives the Royal Part 1 Assent. 4 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 25. Schedule 9, 1 January 2009. 1 January 2009 Part 2 26. Schedule 9, 1 Ju ly 2009. 1 Ju ly 2009 Part 3 27. Schedule 10, A single day to be fixed by Proclamat ion. Part 1 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, 1 Ju ly 2009. 1 Ju ly 2009 Parts 2 and 3 29. Schedule 10, A single day to be fixed by Proclamat ion. Part 4 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, The later of: Part 1 (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, The day after this Act receives the Royal Part 2 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, The day after this Act receives the Royal Part 3 Assent. However, the provision(s) do not commence Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 5 [Page Break] 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, The day after this Act receives the Royal Part 4 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 1 Note: This table relates only to the provisions of this Act as originally 2 passed by both Houses of the Parliament and assented to. It will not be 3 expanded to deal with provisions inserted in this Act after assent. 4 (2) Column 3 of the table contains additional information that is not 5 part of this Act. Information in this column may be added to or 6 edited in any published version of this Act. 7 3 Schedule(s) 8 Each Act that is specified in a Schedule to this Act is amended or 9 repealed as set out in the applicable items in the Schedule 10 concerned, and any other item in a Schedule to this Act has effect 11 according to its terms. 12 6 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] 1 2 Schedule 1--Agriculture, Fisheries and 3 Forestry 4 5 Australian Meat and Live-stock Industry Act 1997 6 1 Section 3 (paragraph (b) of the definition of associate) 7 Repeal the paragraph, substitute: 8 (b) the spouse, or de facto partner (within the meaning of the 9 Acts Interpretation Act 1901), of the subject person; and 10 Farm Household Support Act 1992 11 2 Subsection 3(1) 12 Insert: 13 armed services widow 14 3 Subsection 3(1) 15 Insert: 16 armed services widower 17 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 7 [Page Break] Part 1 A mend ment of the Acts Interpretation Act 1901 1 2 Schedule 2--Attorney-General 3 Part 1--Amendment of the Acts Interpretation Act 4 1901 5 Acts Interpretation Act 1901 6 1 After section 22 7 Insert: 8 22A References to de facto partners 9 For the purposes of a provision of an Act that is a provision in 10 which de facto partner has the meaning given by this Act, a person 11 is the de facto partner of another person (whether of the same sex 12 or a different sex) if: 13 (a) the person is in a registered relationship with the other person 14 under section 22B; or 15 (b) the person is in a de facto relationship with the other person 16 under section 22C. 17 22B Registered relationships 18 For the purposes of paragraph 22A(a), a person is in a registered 19 relationship with another person if the relationship between the 20 persons is registered under a prescribed law of a State or Territory 21 as a prescribed kind of relationship. 22 22C De facto relationships 23 (1) For the purposes of paragraph 22A(b), a person is in a de facto 24 relationship with another person if the persons: 25 (a) are not legally married to each other; and 26 (b) are not related by family (see subsection (6)); and 27 (c) have a relationship as a couple living together on a genuine 28 domestic basis. 29 (2) In determining for the purposes of paragraph (1)(c) whether 2 30 persons have a relationship as a couple, all the circumstances of 8 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Amend ment of the Acts Interpretation Act 1901 Part 1 1 their relationship are to be taken into account, including any or all 2 of the following circumstances: 3 (a) the duration of the relationship; 4 (b) the nature and extent of their common residence; 5 (c) whether a sexual relationship exists; 6 (d) the degree of financial dependence or interdependence, and 7 any arrangements for financial support, between them; 8 (e) the ownership, use and acquisition of their property; 9 (f) the degree of mutual commitment to a shared life; 10 (g) the care and support of children; 11 (h) the reputation and public aspects of the relationship. 12 (3) No particular finding in relation to any circumstance mentioned in 13 subsection (2) is necessary in determining whether 2 persons have 14 a relationship as a couple for the purposes of paragraph (1)(c). 15 (4) For the purposes of paragraph (1)(c), the persons are taken to be 16 living together on a genuine domestic basis if the persons are not 17 living together on a genuine domestic basis only because of: 18 (a) a temporary absence from each other; or 19 (b) illness or infirmity of either or both of them. 20 (5) For the purposes of subsection (1), a de facto relationship can exist 21 even if one of the persons is legally married to someone else or is 22 in a registered relationship (within the meaning of section 22B) 23 with someone else or is in another de facto relationship. 24 (6) For the purposes of paragraph (1)(b), 2 persons are related by 25 family if: 26 (a) one is the child (including an adopted child) of the other; or 27 (b) one is another descendant of the other (even if the 28 relationship between them is traced through an adoptive 29 parent); or 30 (c) they have a parent in common (who may be an adoptive 31 parent of either or both of them). 32 For this purpose, disregard whether an adoption is declared void or 33 has ceased to have effect. 34 (7) For the purposes of subsection (6), adopted means adopted under 35 the law of any place (whether in or out of Australia) relating to the 36 adoption of children. 37 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 9 [Page Break] Part 2 A mend ment of other Acts 1 2 Part 2--Amendment of other Acts 3 Administrative Decisions (Judicial Review) Act 1977 4 2 Subparagraph (d)(iv) of Schedule 2 5 Repeal the subparagraph, substitute: 6 (iv) decisions relating to a person who, having entered 7 Australia as a diplomatic or consular representative of 8 another country, a member of the staff of such a 9 representative or the spouse, de facto partner or a 10 dependent relative of such a representative, was in 11 Australia at the time of the decision (for the purposes of 12 this subparagraph, enter Australia, spouse, de facto 13 partner and relative have the same meanings as in that 14 Act); 15 3 Application 16 The amendment of the Administrative Decisions (Judicial Review) Act 17 1977 made by this Part applies in relation to decisions to which 18 section 13 of that Act applies that are made on or after the 19 commencement of this item. 20 Age Discrimination Act 2004 21 4 Subsection 29(4) 22 Insert: 23 child: without limiting who is a child of a person for the purposes 24 of paragraph (a) of the definition of near relative in this 25 subsection, someone is the child of a person if he or she 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, someone cannot be the product of a relationship 29 unless he or she is the biological child of at least one of the persons 30 in the relationship or was born to a woman in the relationship. 31 5 Subsection 29(4) 32 Insert: 10 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Amend ment of other Acts Part 2 1 de facto partner has the meaning given by the Acts Interpretation 2 Act 1901. 3 6 Subsection 29(4) (paragraph (b) of the definition of near 4 relative) 5 Omit "de facto spouse", substitute "de facto partner". 6 7 Subsection 29(4) 7 Insert: 8 parent: without limiting who is a parent of a person for the 9 purposes of paragraph (a) of the definition of near relative in this 10 subsection, someone is the parent of a person if the person is his or 11 her child because of the definition of child in this section. 12 8 At the end of section 29 13 Add: 14 Family relationships 15 (5) For the purposes of paragraph (a) of the definition of near relative 16 in subsection (4), if one person is the child of another person 17 because of the definition of child in that subsection, relationships 18 traced to or through the person are to be determined on the basis 19 that the person is the child of the other person. 20 Australian Federal Police Act 1979 21 9 At the end of section 42F 22 Add: 23 (3) For the purposes of paragraph (2)(e), family relationships are taken 24 to include the following (without limitation): 25 (a) relationships between de facto partners (within the meaning 26 of the Acts Interpretation Act 1901); 27 (b) relationships of child and parent that arise if someone is the 28 child of a person because of the definition of child in this 29 section; 30 (c) relationships traced through relationships mentioned in 31 paragraphs (a) and (b). Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 11 [Page Break] Part 2 A mend ment of other Acts 1 (4) In this section: 2 child: without limiting who is a child of a person for the purposes 3 of this Act, someone is the child of a person if he or she is the 4 product of a relationship the person has or had as a couple with 5 another person (whether of the same sex or a different sex). For 6 this purpose, someone cannot be the product of a relationship 7 unless he or she is the biological child of at least one of the persons 8 in the relationship or was born to a woman in the relationship. 9 10 Application 10 The amendment of the Australian Federal Police Act 1979 made by this 11 Part applies in relation to an application for an order under Part VA of 12 that Act made on or after the commencement of this item. 13 Bankruptcy Act 1966 14 11 Subsection 5(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 Act, each of the following is the child of a person: 18 (a) an adopted child, stepchild or exnuptial child 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 For the purposes of paragraph (b), someone cannot be the product 23 of a relationship unless he or she is the biological child of at least 24 one of the persons in the relationship or was born to a woman in 25 the relationship. 26 12 Subsection 5(1) (definition of close relative) 27 Omit "de facto spouse", substitute "de facto partner". 28 13 Subsection 5(1) 29 Insert: 30 de facto partner has the meaning given by the Acts Interpretation 31 Act 1901. 32 14 Subsection 5(1) (definition of de facto spouse) 12 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Amend ment of other Acts Part 2 1 Repeal the definition. 2 15 Subsection 5(1) (definition of parent) 3 Repeal the definition, substitute: 4 parent: a person is the parent of anyone who is the person's child. 5 16 Subsection 5(1) (paragraph (g) of the definition of related 6 entity) 7 After "spouse", insert ", or de facto partner,". 8 17 Subsection 5(1) (definition of relative) 9 Omit "de facto spouse", substitute "de facto partner". 10 18 Subsection 5(1) 11 Insert: 12 stepchild: without limiting who is a stepchild of a person for the 13 purposes of this Act, someone is the stepchild of a person if he or 14 she would be the person's stepchild except that the person is not 15 legally married to the person's de facto partner. 16 19 At the end of section 5 17 Add: 18 (6) For the purposes of this Act, the members of a person's family are 19 taken to include the following (without limitation): 20 (a) a de facto partner of the person; 21 (b) someone who is the child of the person, or of whom the 22 person is the child, because of the definition of child in this 23 section; 24 (c) anyone else who would be a member of the person's family if 25 someone mentioned in paragraph (a) or (b) is taken to be a 26 member of the person's family. 27 20 Paragraphs 60(4)(a) and (b) 28 After "spouse", insert "or de facto partner". 29 21 At the end of subsection 60(4) 30 Add: Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 13 [Page Break] Part 2 A mend ment of other Acts 1 Note: See also subsection 5(6). 2 22 Subparagraphs 116(2)(d)(i) and (2)(g)(i) and (ii) 3 After "spouse", insert "or de facto partner". 4 23 At the end of paragraph 116(2)(g) 5 Add: 6 Note: See also subsection 5(6). 7 24 Paragraph 116(2)(r) 8 Omit "de facto spouse", substitute "de facto partner". 9 25 Paragraphs 120(5)(b) and (c) 10 Omit "de facto spouse", substitute "de facto partner". 11 26 Paragraph 120(5)(f) 12 Omit "de facto spouse", substitute "de facto partner". 13 27 Paragraphs 121(6)(b) and (c) 14 Omit "de facto spouse", substitute "de facto partner". 15 28 Paragraph 121(6)(f) 16 Omit "de facto spouse", substitute "de facto partner". 17 29 Paragraph 134(1)(ma) 18 After "spouse", insert "or de facto partner". 19 30 At the end of paragraph 134(1)(ma) 20 Add: 21 Note: See also subsection 5(6). 22 31 Section 139K (definition of spouse) 23 Omit "de facto spouse", substitute "de facto partner". 24 32 At the end of subsection 265(2) 25 Add: 26 Note: See also subsection 5(6). 14 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Amend ment of other Acts Part 2 1 33 At the end of subsection 268(6) 2 Add: 3 Note: See also subsection 5(6). 4 Crimes Act 1914 5 34 Subsection 3(1) 6 Insert: 7 child: without limiting who is a child of a person for the purposes 8 of this Act, someone is the child of a person if he or she 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, someone cannot be the product of a relationship 12 unless he or she is the biological child of at least one of the persons 13 in the relationship or was born to a woman in the relationship. 14 35 Subsection 3(1) 15 Insert: 16 de facto partner has the meaning given by the Acts Interpretation 17 Act 1901. 18 36 Subsection 3(1) 19 Insert: 20 parent: without limiting who is a parent of a person for the 21 purposes of this Act, someone (the adult) is the parent of a person 22 if: 23 (a) the adult is legally entitled to, and has, custody of the person; 24 or 25 (b) the adult is legally responsible for the day-to-day care, 26 welfare and development of the person and has the person in 27 his or her care; or 28 (c) all of the following apply: 29 (i) the person is the adult's child because of the definition 30 of child in this section; 31 (ii) the person is not the adult's biological or adopted child; 32 (iii) there is no order of a court that stops the adult being 33 legally entitled to custody of the person; Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 15 [Page Break] Part 2 A mend ment of other Acts 1 (iv) the person is in the adult's custody; or 2 (d) all of the following apply: 3 (i) the person is the adult's child because of the definition 4 of child in this section; 5 (ii) the person is not the adult's biological or adopted child; 6 (iii) there is no order of a court that stops the adult being 7 legally responsible for the day-to-day care, welfare and 8 development of the person; 9 (iv) the adult has the person in his or her care. 10 37 Subsection 3(1) 11 Insert: 12 relative has a meaning affected by subsection (3). 13 38 At the end of section 3 14 Add: 15 (3) For the purposes of this Act, the relatives of a person are taken to 16 include the following (without limitation): 17 (a) a de facto partner of the person; 18 (b) someone who is the child of the person, or of whom the 19 person is the child, because of the definition of child in this 20 section; 21 (c) anyone else who would be a relative of the person if someone 22 mentioned in paragraph (a) or (b) is taken to be a relative of 23 the person. 24 39 At the end of section 16A 25 Add: 26 (4) For the purposes of a reference in this section to a family, the 27 members of a person's family are taken to include the following 28 (without limitation): 29 (a) a de facto partner of the person; 30 (b) someone who is the child of the person, or of whom the 31 person is the child, because of the definition of child in 32 section 3; 16 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Amend ment of other Acts Part 2 1 (c) anyone else who would be a member of the person's family if 2 someone mentioned in paragraph (a) or (b) is taken to be a 3 member of the person's family. 4 40 Subsection 23WA(1) (definition of parent) 5 Repeal the definition. 6 Crimes (Superannuation Benefits) Act 1989 7 41 At the end of section 10 8 Add: 9 (3) For the purposes of paragraph (2)(e), family relationships are taken 10 to include the following (without limitation): 11 (a) relationships between de facto partners (within the meaning 12 of the Acts Interpretation Act 1901); 13 (b) relationships of child and parent that arise if someone is the 14 child of a person because of the definition of child in this 15 section; 16 (c) relationships traced through relationships mentioned in 17 paragraphs (a) and (b). 18 (4) In this section: 19 child: without limiting who is a child of a person for the purposes 20 of this section, someone is the child of a person if he or she is the 21 product of a relationship the person has or had as a couple with 22 another person (whether of the same sex or a different sex). For 23 this purpose, someone cannot be the product of a relationship 24 unless he or she is the biological child of at least one of the persons 25 in the relationship or was born to a woman in the relationship. 26 42 Application 27 The amendment of the Crimes (Superannuation Benefits) Act 1989 28 made by this Part applies in relation to an application for a 29 superannuation order or a restraining order made on or after the 30 commencement of this item. 31 Customs Act 1901 32 43 Subsection 4(1) Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 17 [Page Break] Part 2 A mend ment of other Acts 1 Insert: 2 child: without limiting who is a child of a person for the purposes 3 of this Act, each of the following is the child of a person: 4 (a) an adopted child or exnuptial child of the person; 5 (b) someone who is the product of a relationship the person has 6 or had as a couple with another person (whether of the same 7 sex or a different sex). 8 For the purposes of paragraph (b), someone cannot be the product 9 of a relationship unless he or she is the biological child of at least 10 one of the persons in the relationship or was born to a woman in 11 the relationship. 12 44 Subsection 4(1) 13 Insert: 14 parent: without limiting who is a parent of a person for the 15 purposes of this Act, someone is the parent of a person if the 16 person is his or her child because of the definition of child in this 17 subsection. 18 45 After section 4 19 Insert: 20 4AAA Members of family 21 For the purposes of this Act, the members of a person's family are 22 taken to include the following (without limitation): 23 (a) a de facto partner of the person (within the meaning of the 24 Acts Interpretation Act 1901); 25 (b) someone who is the child of the person, or of whom the 26 person is the child, because of the definition of child in 27 section 4; 28 (c) anyone else who would be a member of the person's family if 29 someone mentioned in paragraph (a) or (b) is taken to be a 30 member of the person's family. 31 46 Subparagraph 154(3)(a)(i) 32 Repeal the subparagraph, substitute: 33 (i) they are members of the same family; or 18 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Amend ment of other Acts Part 2 1 47 At the end of subsection 154(3) 2 Add: 3 Note: In relation to the reference to member of a family in 4 subparagraph (3)(a)(i), see also section 4AAA. 5 48 At the end of sections 219ZJB and 219ZJC 6 Add: 7 Note: In relation to references in this section to family member, see also 8 section 4AAA. 9 49 At the end of section 243AB 10 Add: 11 (3) For the purposes of paragraph (2)(e), family relationships are taken 12 to include (without limitation) relationships between persons 13 covered by section 4AAA. 14 50 Subparagraph 269TAA(4)(a)(i) 15 Repeal the subparagraph, substitute: 16 (i) they are members of the same family; or 17 51 At the end of subsection 269TAA(4) 18 Add: 19 Note: In relation to the reference to member of a family in 20 subparagraph (4)(a)(i), see also section 4AAA. 21 52 Application 22 Amendments of section 154 23 (1) The amendments of section 154 of the Customs Act 1901 made by this 24 Part apply in relation to goods imported into Australia on or after the 25 commencement of this item. 26 Amendments affecting Part XIII 27 (2) The amendments of Part I of the Customs Act 1901 made by this Part 28 apply in relation to proceedings instituted under section 243B of that 29 Act on or after the commencement of this item. Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 19 [Page Break] Part 2 A mend ment of other Acts 1 (3) Subitem (2) does not limit the operation of the amendments of Part I of 2 the Customs Act 1901 made by this Part in relation to other provisions 3 of that Act. 4 High Court Justices (Long Leave Payments) Act 1979 5 53 Paragraphs 5(2)(a) and (b) 6 Omit "widow or widower" (wherever occurring), substitute "surviving 7 spouse or de facto partner". 8 54 After subsection 5(2) 9 Insert: 10 (2A) If an amount is payable under paragraph (2)(a) and the Justice 11 leaves more than one surviving spouse or de facto partner, the 12 Attorney-General may give a direction as to the distribution of the 13 amount between or among them. 14 55 At the end of section 5 15 Add: 16 (5) In this section: 17 surviving spouse or de facto partner of a Justice who has died 18 means a person who was the spouse or de facto partner (within the 19 meaning of the Acts Interpretation Act 1901) of the Justice 20 immediately before he or she died. 21 56 Application 22 The amendments of the High Court Justices (Long Leave Payments) Act 23 1979 made by this Part apply in respect of a Justice who dies on or after 24 the commencement of this item. 25 Judges (Long Leave Payments) Act 1979 26 57 Paragraphs 5(2)(a) and (b) 27 Omit "widow or widower" (wherever occurring), substitute "surviving 28 spouse or de facto partner". 29 58 After subsection 5(2) 20 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Amend ment of other Acts Part 2 1 Insert: 2 (2A) If an amount is payable under paragraph (2)(a) and the Judge 3 leaves more than one surviving spouse or de facto partner, the 4 Attorney-General may give a direction as to the distribution of the 5 amount between or among them. 6 59 At the end of section 5 7 Add: 8 (5) In this section: 9 surviving spouse or de facto partner of a Judge who has died 10 means a person who was the spouse or de facto partner (within the 11 meaning of the Acts Interpretation Act 1901) of the Judge 12 immediately before he or she died. 13 60 Application 14 The amendments of the Judges (Long Leave Payments) Act 1979 made 15 by this Part apply in respect of a Judge who dies on or after the 16 commencement of this item. 17 Passenger Movement Charge Collection Act 1978 18 61 Section 3 (definition of child) 19 Repeal the definition, substitute: 20 child: without limiting who is a child of a person for the purposes 21 of this Act, each of the following who is under 18 years old is the 22 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 62 Section 3 32 Insert: Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 21 [Page Break] Part 2 A mend ment of other Acts 1 de facto partner has the meaning given by the Acts Interpretation 2 Act 1901. 3 63 Section 3 (definition of spouse) 4 Repeal the definition, substitute: 5 spouse of a person includes a de facto partner of the person. 6 64 Section 3 7 Insert: 8 stepchild: without limiting who is a stepchild of a person for the 9 purposes of this Act, someone is the stepchild of a person if he or 10 she would be the person's stepchild except that the person is not 11 legally married to the person's de facto partner. 12 Proceeds of Crime Act 2002 13 65 Paragraphs 180(1)(c) and 181(1)(c) 14 Omit "(including de facto spouse)", substitute "or * de facto partner". 15 66 At the end of section 337 16 Add: 17 (6) For the purposes of this section, family relationships are taken to 18 include the following (without limitation): 19 (a) relationships between * de facto partners; 20 (b) relationships of child and parent that arise if someone is the 21 child of a person because of the definition of child in 22 section 338; 23 (c) relationships traced through relationships mentioned in 24 paragraphs (a) and (b). 25 67 Section 338 26 Insert: 27 child: without limiting who is a child of a person for the purposes 28 of this Act, someone is the child of a person if he or she is the 29 product of a relationship the person has or had as a couple with 30 another person (whether of the same sex or a different sex). For 31 this purpose, someone cannot be the product of a relationship 22 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Amend ment of other Acts Part 2 1 unless he or she is the biological child of at least one of the persons 2 in the relationship or was born to a woman in the relationship. 3 68 Section 338 4 Insert: 5 de facto partner has the meaning given by the Acts Interpretation 6 Act 1901. 7 69 Section 338 (paragraph (a) of the definition of dependant) 8 Omit "de facto partner", substitute "* de facto partner". 9 70 Section 338 (paragraph (b) of the definition of dependant) 10 Omit "child", substitute "* child". 11 71 Section 338 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 section. 17 72 Application 18 The amendments of the Proceeds of Crime Act 2002 made by this Part 19 apply in relation to a proceeding under that Act instituted on or after the 20 commencement of this item. 21 Service and Execution of Process Act 1992 22 73 Section 95 23 Insert: 24 child: without limiting who is a child of a person for the purposes 25 of this Act, someone is the child of a person if he or she 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, someone cannot be the product of a relationship 29 unless he or she is the biological child of at least one of the persons 30 in the relationship or was born to a woman in the relationship. Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 23 [Page Break] Part 2 A mend ment of other Acts 1 74 Section 95 2 Insert: 3 parent: without limiting who is a parent of a person for the 4 purposes of this Act, someone is the parent of a person if the 5 person is his or her child because of the definition of child in this 6 subsection. 7 75 At the end of section 96 8 Add: 9 (5) For the purposes of this section, the members of a person's family 10 are taken to include the following (without limitation): 11 (a) a de facto partner of the person (within the meaning of the 12 Acts Interpretation Act 1901); 13 (b) someone who is the child of the person, or of whom the 14 person is the child, because of the definition of child in 15 section 3; 16 (c) anyone else who would be a member of the person's family if 17 someone mentioned in paragraph (a) or (b) is taken to be a 18 member of the person's family. 19 Sex Discrimination Act 1984 20 76 Subsection 4A(2) (definition of child) 21 Repeal the definition, substitute: 22 child: without limiting who is a child of a person for the purposes 23 of this section, each of the following is the child of a person: 24 (a) an adopted child, stepchild or exnuptial child of the person; 25 (b) someone who is the product of a relationship the person has 26 or had as a couple with another person (whether of the same 27 sex or a different sex). 28 For the purposes of paragraph (b), someone cannot be the product 29 of a relationship unless he or she is the biological child of at least 30 one of the persons in the relationship or was born to a woman in 31 the relationship. 32 77 Subsection 4A(2) 33 Insert: 24 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Amend ment of other Acts Part 2 1 de facto partner has the meaning given by the Acts Interpretation 2 Act 1901. 3 78 Subsection 4A(2) 4 Insert: 5 parent: without limiting who is a parent of a person for the 6 purposes of this section, someone is the parent of a person if the 7 person is his or her child because of paragraph (b) of the definition 8 of child in this subsection. 9 79 Subsection 4A(2) (definition of spouse) 10 Repeal the definition, substitute: 11 spouse includes a former spouse, a de facto partner and a former 12 de facto partner. 13 80 Subsection 4A(2) 14 Insert: 15 stepchild: without limiting who is a stepchild of a person for the 16 purposes of this section, someone is the stepchild of the person if 17 he or she would be the person's stepchild except that the person is 18 not legally married to the partner. 19 81 At the end of section 4A 20 Add: 21 (3) For the purposes of this section, if one person is the child of 22 another person because of paragraph (b) of the definition of child 23 in subsection (2), relationships traced to or through the person are 24 to be determined on the basis that the person is the child of the 25 other person. 26 82 After subsection 9(10) 27 Insert: 28 (10A) Subsection 14(3A) has effect in relation to discrimination 29 involving dismissal of employees on the ground of family 30 responsibilities, to the extent that the subsection gives effect to any 31 of the following instruments: Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 25 [Page Break] Part 2 A mend ment of other Acts 1 (a) the International Covenant on Civil and Political Rights done 2 at New York on 16 December 1966 [1980] ATS 23 (a copy 3 of the English text of which is set out in Schedule 2 to the 4 Human Rights and Equal Opportunity Commission Act 5 1986); 6 (b) the International Covenant on Economic, Social and Cultural 7 Rights done at New York on 16 December 1966 [1976] ATS 8 5; 9 (c) ILO Convention (No. 111) concerning Discrimination in 10 respect of Employment and Occupation done at Geneva on 11 25 June 1958 [1974] ATS 12 (a copy of the English text of 12 which is set out in Schedule 1 to the Human Rights and 13 Equal Opportunity Commission Act 1986); 14 (d) the Convention on the Rights of the Child done at New York 15 on 20 November 1989 [1991] ATS 4. 16 Note: In 2008, the text of international agreements in the Australian 17 Treaty Series was accessible through the Australian Treaties 18 Library on the AustLII website (www.austlii.edu.au). 19 83 At the end of subsection 10(1) 20 Add "or (10A)". 21 84 After section 11 22 Insert: 23 11A Operation of State and Te rritory laws that further objects of 24 other instrume nts 25 (1) A reference in this section to this Act is a reference to this Act as it 26 has effect because of subsection 9(10A). 27 (2) A reference in this section to a law of a State or Territory is a 28 reference to a law of a State or Territory that deals with 29 discrimination involving dismissal of employees on the ground of 30 family responsibilities. 31 (3) This Act is not intended to exclude or limit the operation of a law 32 of a State or Territory that furthers the objects of a relevant 33 instrument and is capable of operating concurrently with this Act. 34 (4) If: 26 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Amend ment of other Acts Part 2 1 (a) a law of a State or Territory that furthers the objects of a 2 relevant instrument deals with a matter dealt with by this Act; 3 and 4 (b) a person has made a complaint, instituted a proceeding or 5 taken any other action under that law in respect of an act or 6 omission in respect of which the person would, but for this 7 subsection, have been entitled to make a complaint under the 8 Human Rights and Equal Opportunity Commission Act 1986 9 alleging that the act or omission is unlawful under subsection 10 14(3A) of this Act; 11 the person is not entitled to make a complaint or institute a 12 proceeding under the Human Rights and Equal Opportunity 13 Commission Act 1986 alleging that the act or omission is unlawful 14 under that subsection. 15 (5) If: 16 (a) a law of a State or Territory that furthers the objects of a 17 relevant instrument deals with a matter dealt with by this Act; 18 and 19 (b) an act or omission by a person that constitutes an offence 20 against that law also constitutes an offence against this Act; 21 the person may be prosecuted and convicted either under that law 22 of the State or Territory or under this Act, but nothing in this 23 subsection renders a person liable to be punished more than once in 24 respect of the same act or omission. 25 (6) In this section: 26 relevant instrument means an instrument referred to in subsection 27 9(10A). 28 Witness Protection Act 1994 29 85 Section 3 30 Insert: 31 parent: without limiting who is a parent of anyone for the purposes 32 of this Act, a person is the parent of another person if the other 33 person is the product of a relationship the person has or had as a 34 couple with a third person (whether of the same sex or a different 35 sex). For this purpose, the other person cannot be the product of the 36 relationship unless he or she is the biological child of at least one Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 27 [Page Break] Part 2 A mend ment of other Acts 1 of the person and the third person or was born to a woman in the 2 relationship. 3 28 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Regulations Part 3 1 2 Part 3--Regulations 3 86 Regulations may deal with transitional, saving or 4 application matters 5 The Governor-General may make regulations prescribing matters of a 6 transitional nature (including prescribing any saving or application 7 provisions) relating to amendments and repeals made by this Schedule 8 or any other Schedule to this Act. 9 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 29 [Page Break] 1 2 Schedule 3--Broadband, Communications 3 and the Digital Economy 4 5 Australian Postal Corporation Act 1989 6 1 At the end of subsection 90K(2) 7 Add: 8 Note: See also subsection (6). 9 2 At the end of section 90K 10 Add: 11 Next of kin 12 (6) In determining for the purposes of subsection (2) whether a person 13 is next of kin of another person, the following persons are also to 14 be taken into account: 15 (a) a de facto partner of the person within the meaning of the 16 Acts Interpretation Act 1901; 17 (b) someone who is the child of the person, or of whom the 18 person is the child, because of subsection (7); 19 (c) anyone else who would be a relative of the person because 20 someone mentioned in paragraph (a) or (b) is taken into 21 account. 22 (7) For the purposes of paragraph (6)(b), someone is the child of a 23 person because of this subsection if he or she is the product of a 24 relationship the person has or had as a couple with another person 25 (whether of the same sex or a different sex). For this purpose, 26 someone cannot be the product of a relationship unless he or she is 27 the biological child of at least one of the persons in the relationship 28 or was born to a woman in the relationship. 29 Broadcasting Services Act 1992 30 3 Subsection 6(1) (paragraph (a) of the definition of 31 associate) 32 Omit "(including a de facto spouse)". 30 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] 1 4 Subsection 6(1) (note at the end of the definition of 2 associate) 3 Omit "Note", substitute "Note 1". 4 5 Subsection 6(1) (at the end of the definition of associate) 5 Add: 6 Note 2: See also subsection (3). 7 6 Subsection 6(1) 8 Insert: 9 child: without limiting who is a child of a person for the purposes 10 of this Act, 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 7 Subsection 6(1) 17 Insert: 18 parent: without limiting who is a parent of a person for the 19 purposes of this Act, someone is the parent of a person if the 20 person is his or her child because of the definition of child in this 21 section. 22 8 Subsection 6(1) 23 Insert: 24 spouse of a person includes a de facto partner of the person within 25 the meaning of the Acts Interpretation Act 1901. 26 9 At the end of section 6 27 Add: 28 (3) For the purposes of paragraph (a) of the definition of associate in 29 subsection (1), if one person is the child of another person because 30 of the definition of child in this section, relationships traced to or 31 through the person are to be determined on the basis that the person 32 is the child of the other person. Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 31 [Page Break] 1 10 Transitional provision 2 For the purposes of the Broadcasting Services Act 1992, if: 3 (a) apart from this item, a person would be in a position to 4 exercise control of a licence, a newspaper or a company on 5 the day on which the amendments of that Act made by this 6 Schedule commence; and 7 (b) the person would be in that position only because of the 8 amendments; 9 the person is, during the period of 6 months starting on the day on 10 which the amendments commence, taken not to be in that position for 11 so long as the person would otherwise have been in that position. 12 Telstra Corporation Act 1991 13 11 Clause 2 of the Schedule 14 Before "In Part 2A", insert "(1)". 15 12 Clause 2 of the Schedule 16 Insert: 17 child: without limiting who is a child of a person for the purposes 18 of Part 2A and this Schedule, someone is the child of a person if he 19 or she is the product of a relationship the person has or had as a 20 couple with another person (whether of the same sex or a different 21 sex). For this purpose, someone cannot be the product of a 22 relationship unless he or she is the biological child of at least one 23 of the persons in the relationship or was born to a woman in the 24 relationship. 25 13 Clause 2 of the Schedule 26 Insert: 27 parent: without limiting who is a parent of a person for the 28 purposes of Part 2A and this Schedule, someone is the parent of a 29 person if the person is his or her child because of the definition of 30 child in this clause. 31 14 Clause 2 of the Schedule (paragraph (b) of the definition 32 of relative) 33 Repeal the paragraph, substitute: 32 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] 1 (b) a de facto partner of the person within the meaning of the 2 Acts Interpretation Act 1901; or 3 15 Clause 2 of the Schedule (paragraph (d) of the definition 4 of relative) 5 Omit "son, daughter", substitute "child". 6 16 Clause 2 of the Schedule (at the end of the definition of 7 relative) 8 Add: 9 Note: See also subclause (2). 10 17 At the end of clause 2 of the Schedule 11 Add: 12 (2) For the purposes of paragraphs (c), (d) and (e) of the definition of 13 relative in subclause (1), if one person is the child of another 14 person because of the definition of child in that subclause, 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 18 Transitional provision 18 (1) For the purposes of sections 8BI and 8BJ of the Telstra Corporation Act 19 1991, if: 20 (a) apart from this subitem, an unacceptable foreign-ownership 21 situation would exist on the day on which the amendments of 22 that Act made by this Schedule commence; and 23 (b) the situation would exist only because of the amendments; 24 the situation is, during the period of 6 months starting on the day on 25 which the amendments commence, taken not to exist for so long as it 26 would otherwise have existed. 27 (2) If: 28 (a) on the day on which the amendments of the Telstra 29 Corporation Act 1991 made by this Schedule commence, a 30 person would, apart from this subitem, be required by 31 regulations made for the purposes of section 8BN of that Act 32 to do something in relation to an ownership matter; and 33 (b) the person would not have been required to do that thing if 34 the amendments had not been made; Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 33 [Page Break] 1 the person is, during the period of 6 months starting on the day on 2 which the amendments commence, taken not to be required to do that 3 thing for so long as the person would otherwise have been required to 4 do that thing. 5 34 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] 1 2 Schedule 4--Defence 3 4 Defence Force (Home Loans Assistance) Act 1990 5 1 Section 3 6 Before "In this Act", insert "(1)". 7 2 Section 3 (definition of child) 8 Repeal the definition, substitute: 9 child: without limiting who is a child of a person for the purposes 10 of this Act, someone is the child of a person if: 11 (a) he or she is: 12 (i) a legally adopted child or a stepchild of the person; or 13 (ii) the product of a relationship the person has or had as a 14 couple with another person (whether of the same sex or 15 a different sex); and 16 (b) he or she is: 17 (i) under 16; or 18 (ii) a student. 19 Note: See also subsection 3(2). 20 3 Section 3 21 Insert: 22 de facto partner has the meaning given by the Acts Interpretation 23 Act 1901. 24 4 Section 3 25 Insert: 26 parent: without limiting who is a parent of a person for the 27 purposes of this Act, someone is the parent of a person if the 28 person is his or her child because of the definition of child in this 29 subsection. 30 5 Section 3 (definition of spouse) 31 Repeal the definition. Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 35 [Page Break] 1 6 Section 3 2 Insert: 3 surviving spouse or de facto partner, in relation to a deceased 4 person, means a person who was the spouse or de facto partner of 5 the deceased person immediately before the deceased person's 6 death. 7 Note: See also section 8. 8 7 Section 3 (definition of widow) 9 Repeal the definition (including the note). 10 8 Section 3 (definition of widower) 11 Repeal the definition (including the note). 12 9 At the end of section 3 13 Add: 14 (2) For the purposes of subparagraph (a)(ii) of the definition of child 15 in subsection (1), 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 10 Paragraphs 5(1)(b) and (c) 19 After "spouse", insert ", de facto partner". 20 11 Paragraphs 6(a), (b) and (c) 21 After "spouse", insert "or de facto partner". 22 12 Section 8 23 Repeal the section, substitute: 24 8 Multiple surviving spouses or de facto partne rs 25 (1) If a deceased person has more than one surviving spouse or 26 de facto partner, the surviving spouse or de facto partner who was 27 living with the person immediately before his or her death is taken, 28 for the purposes of Division 1 of Part 2 and paragraph 29(h), to be 29 the person's sole surviving spouse or de facto partner. 36 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] 1 (2) For the purposes of subsection (1), the person is taken to have been 2 living with a spouse or de facto partner immediately before the 3 death of the person if they were not living together at that time 4 only because of: 5 (a) a temporary absence from each other; or 6 (b) illness or infirmity of either or both of them. 7 13 Subsection 10(3) 8 Omit "widow or widower", substitute "surviving spouse or de facto 9 partner". 10 14 Subparagraph 12(1)(b)(ii) 11 Omit "widow or widower", substitute "surviving spouse or de facto 12 partner". 13 15 Subsection 12(3) 14 Omit "widow or widower", substitute "surviving spouse or de facto 15 partner". 16 16 Application provision 17 The amendments of sections 10 and 12 of the Defence Force (Home 18 Loans Assistance) Act 1990 made by this Schedule apply in relation to 19 an application for an entitlement certificate made on or after the 20 commencement of this Schedule. 21 17 Subsection 14(4) 22 Omit "widow or widower", substitute "surviving spouse or de facto 23 partner". 24 18 Paragraph 15(1)(b) 25 After "spouse", insert "or de facto partner". 26 19 Paragraphs 17(1)(a) and (b) 27 After "spouse", insert "or de facto partner". 28 20 Paragraph 17(1)(b) 29 After "spouse's", insert "or de facto partner's". 30 21 Paragraph 18(1)(b) Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 37 [Page Break] 1 After "spouse", insert "or de facto partner". 2 22 Application provision 3 The amendments of sections 14, 15, 17 and 18 of the Defence Force 4 (Home Loans Assistance) Act 1990 made by this Schedule apply in 5 relation to an application made under section 14 of that Act on or after 6 the commencement of this Schedule. 7 23 Paragraph 20(2)(d) 8 After "spouse", insert "or de facto partner". 9 24 Application provision 10 If: 11 (a) a person is an entitled person immediately before the 12 commencement of the amendment of paragraph 20(2)(d) of 13 the Defence Force (Home Loans Assistance) Act 1990 made 14 by this Schedule; and 15 (b) apart from this item, subsidy would not become payable to 16 the person on a loan on or after that commencement; and 17 (c) subsidy would not become payable to the person on the loan 18 only because of the amendment; 19 the amendment does not apply in respect of the person and the loan. 20 25 Subparagraph 20(2)(e)(i) 21 After "spouse" (wherever occurring), insert "or de facto partner". 22 26 Subsections 24(1), (2) and (3) 23 Omit "widow or widower" (wherever occurring), substitute "surviving 24 spouse or de facto partner". 25 27 Subsection 24(4) 26 Insert: 27 surviving spouse or de facto partner does not include a surviving 28 spouse or de facto partner who is an eligible person. 29 28 Subsection 24(4) (definition of widow or widower) 30 Repeal the definition. 38 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] 1 29 Subsection 26(1) 2 After "spouse", insert "or de facto partner". 3 Note: The heading to section 26 is altered by adding at the end "or de facto partners". 4 30 Subsection 26(2) 5 After "spouses", insert "or de facto partners". 6 31 Subparagraph 26(2)(a)(i) 7 After "spouse", insert "or de facto partner". 8 32 Subparagraph 26(2)(a)(ii) 9 Omit "widow or widower", substitute "surviving spouse or de facto 10 partner". 11 33 Paragraph 26(2)(b) 12 Omit "widow or widower", substitute "surviving spouse or de facto 13 partner". 14 34 Paragraph 29(c) 15 After "spouse", insert "or de facto partner". 16 35 Application provision 17 To avoid doubt, the amendment of paragraph 29(c) of the Defence 18 Force (Home Loans Assistance) Act 1990 made by this Schedule does 19 not apply in relation to a subsidised loan on a property where the 20 ownership of the property was converted from a joint tenancy into a 21 tenancy in common with effect before the commencement of the 22 amendment. 23 36 Paragraph 29(d) 24 Omit "person's spouse or former spouse, or to the person and his or her 25 former spouse", substitute "person's spouse or de facto partner, or 26 former spouse or former de facto partner, or to the person and his or her 27 former spouse or former de facto partner". 28 37 Paragraph 29(g) 29 Omit "is not survived by a widow or widower", substitute "does not 30 have a surviving spouse or de facto partner". Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 39 [Page Break] 1 38 Paragraph 29(h) 2 Omit "widow or widower", substitute "surviving spouse or de facto 3 partner". 4 39 Paragraph 30(1)(a) 5 Omit "is survived by a widow or widower", substitute "has a surviving 6 spouse or de facto partner". 7 40 Paragraph 30(1)(b) 8 Omit "surviving widow or widower", substitute "surviving spouse or 9 de facto partner". 10 41 Paragraph 30(2)(a) 11 Omit "is survived by a widow or widower", substitute "has a surviving 12 spouse or de facto partner". 13 42 Paragraph 30(3)(b) 14 Omit "surviving widow or widower", substitute "surviving spouse or 15 de facto partner". 16 43 Paragraph 30(4)(b) 17 Omit "surviving widow or widower who was legally married to the 18 borrower", substitute "surviving spouse or de facto partner". 19 44 Paragraph 30(4)(d) 20 Omit "surviving widow or widower", substitute "surviving spouse or 21 de facto partner". 22 45 Subsection 30(6) 23 Omit "widow or widower", substitute "surviving spouse or de facto 24 partner". 25 46 Paragraph 36A(1)(d) 26 Omit "widow or widower", substitute "surviving spouse or de facto 27 partner". 28 Defence (Parliamentary Candidates) Act 1969 29 47 Subsection 16(3) 40 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] 1 Repeal the subsection, substitute: 2 (3) For the purposes of this section, the members of a family, in 3 relation to any person, are taken to include the following (without 4 limitation): 5 (a) a de facto partner of the person (within the meaning of the 6 Acts Interpretation Act 1901); 7 (b) someone who is the child of the person, or of whom the 8 person is the child, because of the definition of child in 9 subsection (4); 10 (c) anyone else who would be a member of the person's family if 11 someone mentioned in paragraph (a) or (b) is taken to be a 12 member of the person's family. 13 (4) In this section: 14 child: without limiting who is a child of a person for the purposes 15 of subsection (3), someone is the child of a person if he or she is 16 the 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 dependent means wholly or substantially dependent. 22 Royal Australian Air Force Veterans' Residences Act 1953 23 48 Section 2 24 Insert: 25 de facto partner of a person has the meaning given by the Acts 26 Interpretation Act 1901. 27 49 Section 2 (at the end of paragraphs (a), (b) and (c) of the 28 definition of eligible person) 29 Add "or". 30 50 Section 2 (paragraphs (d), (e) and (f) of the definition of 31 eligible person) 32 Repeal the paragraphs, substitute: Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 41 [Page Break] 1 (d) a surviving spouse or de facto partner of a person referred to 2 in paragraph (a), (b) or (c); or 3 (e) a parent of a former member referred to in paragraph (a), (b) 4 or (c), if: 5 (i) the former member is deceased and does not have a 6 surviving spouse or de facto partner; and 7 (ii) the parent is the surviving spouse or de facto partner of 8 another person who has died; and 9 (iii) the parent was, at the time of the former member's 10 appointment to, or enlistment in, the Force or Service 11 referred to in paragraph (a), (b) or (c), dependent on the 12 former member; or 13 (f) a parent of a former member referred to in paragraph (a), (b) 14 or (c), if: 15 (i) the former member is deceased and does not have a 16 surviving spouse or de facto partner; or 17 (ii) the parent has a spouse or de facto partner who is so 18 incapacitated as to be unable to contribute materially to 19 the support of the parent. 20 51 Section 2 21 Insert: 22 parent: without limiting who is a parent of anyone for the purposes 23 of this Act, a person is the parent of another person if the other 24 person is the product of a relationship the person has or had as a 25 couple with a third person (whether of the same sex or a different 26 sex). For this purpose, the other person cannot be the product of the 27 relationship unless he or she is the biological child of at least one 28 of the person or the third person or was born to a woman in the 29 relationship. 30 52 Section 2 31 Insert: 32 surviving spouse or de facto partner, in relation to a deceased 33 person, means a person who was the spouse or de facto partner of 34 the deceased person immediately before the deceased's death. 35 53 Application provision 42 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] 1 The amendments of the Royal Australian Air Force Veterans' 2 Residences Act 1953 made by this Schedule apply in relation to a person 3 referred to in paragraph (a), (b) or (c) of the definition of eligible person 4 in section 2 of that Act who dies on or after the commencement of this 5 Schedule. 6 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 43 [Page Break] 1 2 Schedule 5--Education, Employment and 3 Workplace Relations 4 5 Education Services for Overseas Students Act 2000 6 1 Subsection 6(1) (paragraphs (a), (b) and (c) of the definition 7 of associate) 8 Omit "de facto spouse", substitute "de facto partner". 9 2 Subsection 6(7) 10 Insert: 11 child: without limiting who is a child of a person for the purposes 12 of this section, 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 Note: The heading to subsection 6(7) is replaced by the heading "Other definitions". 19 3 Subsection 6(7) 20 Insert: 21 de facto partner of a person has the meaning given by the Acts 22 Interpretation Act 1901. 23 4 Subsection 6(7) 24 Insert: 25 parent: without limiting who is a parent of a person for the 26 purposes of this section, 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 section. 29 5 At the end of section 6 30 Add: 44 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] 1 Certain family relationships 2 (8) For the purposes of paragraph (d) of the definition of associate in 3 subsection (1), if one person is the child of another person because 4 of the definition of child in this section, relationships traced to or 5 through the person are to be determined on the basis that the person 6 is the child of the other person. 7 Higher Education Support Act 2003 8 6 Clause 1 of Schedule 1 9 Before "In this Act", insert "(1)". 10 7 Clause 1 of Schedule 1 (paragraph (e) of the definition of 11 Overseas student) 12 After "spouse", insert ", de facto partner (within the meaning of the Acts 13 Interpretation Act 1901)". 14 8 Clause 1 of Schedule 1 (at the end of the definition of 15 Overseas student) 16 Add: 17 Note: In relation to paragraph (e) of the definition of Overseas student, see 18 also subclause (2). 19 9 At the end of Schedule 1 20 Add: 21 (2) For the purposes of paragraph (e) of the definition of Overseas 22 student in subclause (1), a representative's relatives include 23 (without limitation): 24 (a) an exnuptial or adoptive child of the representative, or 25 someone of whom the representative is an exnuptial or 26 adoptive child; and 27 (b) someone who is a child of the representative, or of whom the 28 representative is a child, because of subclause (3); and 29 (c) relatives traced through relationships referred to in 30 paragraphs (a) and (b). 31 (3) For the purposes of paragraph (2)(b), one person is the child of 32 another person because of this subclause if he or she is the product 33 of a relationship the other person has or had as a couple with a Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 45 [Page Break] 1 third person (whether of the same sex or a different sex). For this 2 purpose, he or she cannot be the product of the relationship unless 3 he or she is the biological child of at least one of the persons or 4 was born to a woman in the relationship. 5 Judicial and Statutory Officers (Remuneration and 6 Allowances) Act 1984 7 10 After subsections 4(4A) and 6(4A) 8 Insert: 9 (4B) For the purposes of subsection (4A), spouse includes a de facto 10 partner of a person within the meaning of the Acts Interpretation 11 Act 1901. 12 Safety, Rehabilitation and Compensation Act 1988 13 11 Subsection 4(1) 14 Insert: 15 child: without limiting who is a child of a person for the purposes 16 of this Act, someone is the child of a person if he or she 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). For 19 this purpose, someone cannot be the product of a relationship 20 unless he or she is the biological child of at least one of the persons 21 in the relationship or was born to a woman in the relationship. 22 12 Subsection 4(1) 23 Insert: 24 de facto partner of a person has the meaning given by the Acts 25 Interpretation Act 1901. 26 13 Subsection 4(1) (paragraph (a) of the definition of 27 dependant) 46 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] 1 Omit "father, mother, step-father, step-mother, father-in-law, 2 mother-in-law, grandfather, grandmother, son, daughter, step-son, 3 step-daughter, grandson, grand-daughter, brother, sister, half-brother or 4 half-sister", substitute "parent, step-parent, father-in-law, 5 mother-in-law, grandparent, child, stepchild, grandchild, sibling or 6 half-sibling". 7 14 Subsection 4(1) (at the end of the definition of dependant) 8 Add: 9 Note: See also subsection 4(2). 10 15 Subsection 4(1) 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 16 Subsection 4(1) (paragraph (a) of the definition of spouse) 17 Repeal the paragraph, substitute: 18 (a) in relation to an employee or a deceased employee--a person 19 who is, or immediately before the employee's death was, a 20 de facto partner of the employee; and 21 17 Subsection 4(1) 22 Insert: 23 stepchild: without limiting who is a stepchild of a person for the 24 purposes of this Act, someone who is a child of a de facto partner 25 of the person is the stepchild of the person if he or she would be 26 the person's stepchild except that the person is not legally married 27 to the partner. 28 18 Subsection 4(1) 29 Insert: 30 step-parent: without limiting who is a step-parent of a person for 31 the purposes of this Act, someone who is a de facto partner of a 32 parent of the person is the step-parent of the person if he or she Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 47 [Page Break] 1 would be the person's step-parent except that he or she is not 2 legally married to the person's parent. 3 19 Subsection 4(2) 4 Repeal the subsection, substitute: 5 (2) For the purposes of this Act, relationships (including the 6 relationship of being family or being relatives) are taken to include 7 (without limitation): 8 (a) relationships between de facto partners; and 9 (b) relationships of child and parent that arise: 10 (i) if someone is an exnuptial or adoptive child of a person; 11 or 12 (ii) because of the definitions of child and parent in this 13 section; and 14 (c) relationships traced through relationships referred to in 15 paragraphs (a) and (b). 16 20 Subsection 4(6) 17 Omit "son or daughter", substitute "child". 18 21 Subparagraph 19(12)(b)(i) 19 Omit "father, mother, step-father, step-mother, father-in-law, 20 mother-in-law, grandfather, grandmother, son, daughter, step-son, 21 step-daughter, grandson, granddaughter, brother, sister, half-brother or 22 half-sister", substitute "parent, step-parent, father-in-law, 23 mother-in-law, grandparent, child, stepchild, grandchild, sibling or 24 half-sibling". 25 22 At the end of subsection 19(12) 26 Add: 27 Note: In relation to subparagraph (12)(b)(i), see also subsection 4(2). 28 23 Subsection 19(13) 29 Repeal the subsection. 30 24 At the end of subsection 29(2) 31 Add: 32 Note: In relation to paragraph (2)(d), see also subsection 4(2). 48 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] 1 25 At the end of subsection 29(4) 2 Add: 3 Note: In relation to paragraph (4)(f), see also subsection 4(2). 4 26 Application of amendments of the Safety, Rehabilitation 5 and Compensation Act 1988 6 (1) The amendments of the Safety, Rehabilitation and Compensation Act 7 1988 made by this Schedule apply in relation to a payment made under 8 that Act on or after the commencement of the amendments, other than a 9 payment of a lump sum benefit to which subitem (2) applies. 10 (2) The amendments of the Safety, Rehabilitation and Compensation Act 11 1988 made by this Schedule apply in relation to a lump sum benefit 12 payable in respect of the death of a person if the death occurs on or after 13 the commencement of the amendments. 14 Seafarers Rehabilitation and Compensation Act 1992 15 27 Section 3 16 Insert: 17 child: without limiting who is a child of a person for the purposes 18 of this Act, someone is the child of a person if he or she is the 19 product of a relationship the person has or had as a couple with 20 another person (whether of the same sex or a different sex). For 21 this purpose, someone cannot be the product of a relationship 22 unless he or she is the biological child of at least one of the persons 23 in the relationship or was born to a woman in the relationship. 24 28 Section 3 25 Insert: 26 de facto partner of a person has the meaning given by the Acts 27 Interpretation Act 1901. 28 29 Section 3 (paragraph (b) of the definition of dependant) Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 49 [Page Break] 1 Omit "father, mother, step-father, step-mother, father-in-law, 2 mother-in-law, grandfather, grandmother, son, daughter, step-son, 3 step-daughter, grandson, grand-daughter, brother, sister, half-brother or 4 half-sister", substitute "parent, step-parent, father-in-law, 5 mother-in-law, grandparent, child, stepchild, grandchild, sibling or 6 half-sibling". 7 30 Section 3 8 Insert: 9 parent: without limiting who is a parent of a person for the 10 purposes of this Act, someone is the parent of a person if the 11 person is his or her child because of the definition of child in this 12 section. 13 31 Section 3 (subparagraph (b)(i) of the definition of 14 prescribed person) 15 Omit "father, mother, step-father, step-mother, father-in-law, 16 mother-in-law, grandfather, grandmother, son, daughter, step-son, 17 step-daughter, grandson, grand-daughter, brother, sister, half-brother or 18 half-sister", substitute "parent, step-parent, father-in-law, 19 mother-in-law, grandparent, child, stepchild, grandchild, sibling or 20 half-sibling". 21 32 Section 3 (paragraph (a) of the definition of spouse) 22 Repeal the paragraph, substitute: 23 (a) in relation to an employee or a deceased employee--a person 24 who is, or immediately before the employee's death was, a 25 de facto partner of the employee; and 26 33 Section 3 27 Insert: 28 stepchild: without limiting who is a stepchild of a person for the 29 purposes of this Act, someone who is a child of a de facto partner 30 of the person is the stepchild of the person if he or she would be 31 the person's stepchild except that the person is not legally married 32 to the partner. 33 34 Section 3 34 Insert: 50 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] 1 step-parent: without limiting who is a step-parent of a person for 2 the purposes of this Act, someone who is a de facto partner of a 3 parent of the person is the step-parent of the person if he or she 4 would be the person's step-parent except that he or she is not 5 legally married to the person's parent. 6 35 Subsection 15(3) 7 Omit "son or daughter", substitute "child". 8 36 Section 16 9 Repeal the section, substitute: 10 16 Certain family relations hips 11 For the purposes of this Act, relationships (including the 12 relationship of being family or being relatives) are taken to include 13 (without limitation): 14 (a) relationships between de facto partners; and 15 (b) relationships of child and parent that arise: 16 (i) if someone is an exnuptial or adoptive child of a person; 17 or 18 (ii) because of the definitions of child and parent in 19 section 3; and 20 (c) relationships traced through relationships referred to in 21 paragraphs (a) and (b). 22 37 At the end of subsection 43(3) 23 Add: 24 Note: In relation to paragraph (3)(d), see also section 16. 25 38 At the end of subsection 43(5) 26 Add: 27 Note: In relation to paragraph (5)(f), see also section 16. 28 39 Application of amendments of the Seafarers Rehabilitation 29 and Compensation Act 1992 30 (1) The amendments of the Seafarers Rehabilitation and Compensation Act 31 1992 made by this Schedule apply in relation to a payment made under Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 51 [Page Break] 1 that Act on or after the commencement of the amendments, other than a 2 payment of a lump sum benefit to which subitem (2) applies. 3 (2) The amendments of the Seafarers Rehabilitation and Compensation Act 4 1992 made by this Schedule apply in relation to a lump sum benefit 5 payable in respect of the death of a person if the death occurs on or after 6 the commencement of the amendments. 7 Student Assistance Act 1973 8 40 Subsection 43B(5) 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 41 Subsection 43B(5) (paragraph (a) of the definition of 18 parent) 19 After "of the person", insert "or someone of whom the person is a child 20 because of the definition of child in this section". 21 52 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Amend ments commencing on the day after Royal Assent Part 1 1 2 Schedule 6--Families, Housing, Community 3 Services and Indigenous Affairs 4 Part 1--Amendments commencing on the day after 5 Royal Assent 6 Aboriginal Land Grant (Jervis Bay Territory) Act 1986 7 1 Subsection 37(1) 8 Insert: 9 child: without limiting who is a child of a person for the purposes 10 of this Act, 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 2 Subsection 37(1) 17 Insert: 18 parent: without limiting who is a parent of a person for the 19 purposes of this Act, someone is the parent of a person if the 20 person is his or her child because of the definition of child in this 21 subsection. 22 3 Subsection 37(1) (definition of spouse) 23 Repeal the definition, substitute: 24 spouse of a person includes a de facto partner of the person within 25 the meaning of the Acts Interpretation Act 1901. 26 4 At the end of section 37 27 Add: 28 (5) For the purposes of the definition of relative in subsection (1), if 29 one person is the child of another person because of the definition 30 of child in that subsection, relationships traced to or through the Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 53 [Page Break] Part 1 A mend ments commencing on the day after Royal Assent 1 person are to be determined on the basis that the person is the child 2 of the other person. 3 Corporations (Aboriginal and Torres Strait Islander) Act 4 2006 5 5 Paragraph 293-1(2)(d) 6 Omit "and de facto spouses". 7 6 At the end of Division 694 8 Add: 9 694-115 Certain family relationships 10 For the purposes of this Act, relationships (including the 11 relationship of being family) are taken to include (without 12 limitation): 13 (a) relationships between de facto partners (within the meaning 14 of the Acts Interpretation Act 1901); and 15 (b) relationships of child and parent that arise: 16 (i) if someone is an exnuptial or adoptive child of a person; 17 or 18 (ii) if someone is the child of a person because of the 19 definition of child in this Act; and 20 (c) relationships traced through relationships referred to in 21 paragraphs (a) and (b). 22 7 Section 700-1 23 Insert: 24 child: without limiting who is a child of a person for the purposes 25 of this Act, someone is the child of a person if he or she 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, someone cannot be the product of a relationship 29 unless he or she is the biological child of at least one of the persons 30 in the relationship or was born to a woman in the relationship. 31 8 Section 700-1 (definition of de facto spouse) 32 Repeal the definition. 54 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Amend ments commencing on the day after Royal Assent Part 1 1 9 Section 700-1 2 Insert: 3 parent: without limiting who is a parent of a person for the 4 purposes of this Act, someone is the parent of a person if the 5 person is his or her child because of the definition of child in this 6 section. 7 10 Section 700-1 8 Insert: 9 spouse of a person includes a de facto partner of the person within 10 the meaning of the Acts Interpretation Act 1901. 11 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 55 [Page Break] Part 2 A mend ments commencing on 1 Ju ly 2009 1 2 Part 2--Amendments commencing on 1 July 2009 3 A New Tax System (Family Assistance) Act 1999 4 11 Subsection 3(1) 5 Insert: 6 relationship child has the same meaning as in the Social Security 7 Act 1991. 8 12 Subsection 3(1) 9 Insert: 10 relationship parent has the same meaning as in the Social Security 11 Act 1991. 12 13 After subsection 22(2) 13 Insert: 14 (2A) The individual is an FTB child of the adult if: 15 (a) the individual is aged under 18; and 16 (b) the adult is the relationship parent of the individual; and 17 (c) there is no order of a court that stops the adult from being 18 legally responsible for the day-to-day care, welfare and 19 development of the individual; and 20 (d) the individual is in the adult's care; and 21 (e) the individual is an Australian resident, is a special category 22 visa holder residing in Australia or is living with the adult. 23 14 Paragraph 23(1)(a) 24 After "subsection 22(2)", insert ", (2A)". 25 15 Subsection 23(2) 26 After "subsection 22(2)", insert ", (2A)". 27 16 Subsection 23(3) 28 After "subsection 22(2)" (wherever occurring), insert ", (2A)". 56 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Amend ments commencing on 1 July 2009 Part 2 1 17 Subsection 23(5) 2 Insert: 3 parent includes a relationship parent. 4 Note: The heading to subsection 23(5) is altered by inserting "parent and" after "of". 5 18 At the end of section 23 6 Add: 7 Parents of relationship children 8 (6) If a child (other than an adopted child) is a relationship child of a 9 person because he or she is the product of a relationship the person 10 has or had as a couple with another person, the two persons in the 11 relationship are taken to be the child's only parents for the 12 purposes of paragraph (c) of the definition of qualifying period in 13 subsection (5). 14 19 Subparagraph 28(3)(c)(i) 15 Omit "natural or adopted child", substitute "natural child, adopted child 16 or relationship child". 17 20 At the end of section 36 18 Add: 19 Definition of parent 20 (7) In this section: 21 parent includes a relationship parent. 22 A New Tax System (Family Assistance) (Administration) Act 23 1999 24 21 At the end of subsection 50R(1) 25 Add: 26 ; (c) the relationship between a relationship child and his or her 27 relationship parent. Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 57 [Page Break] Part 2 A mend ments commencing on 1 Ju ly 2009 1 22 Subsection 50R(2) (paragraphs (a) and (b) of the definition 2 of step-parent) 3 Omit "biological or adoptive parent", substitute "biological parent, 4 adoptive parent or relationship parent". 5 Social Security Act 1991 6 23 Subsection 4(1) 7 Insert: 8 prohibited relationship has the meaning given by subsections (12) 9 and (13). 10 24 After paragraph 4(2)(a) 11 Insert: 12 (aa) both of the following conditions are met: 13 (i) a relationship between the person and another person 14 (whether of the same sex or a different sex) is registered 15 under a law of a State or Territory prescribed for the 16 purposes of section 22B of the Acts Interpretation Act 17 1901 as a kind of relationship prescribed for the 18 purposes of that section; 19 (ii) the person is not, in the Secretary's opinion (formed as 20 mentioned in subsection (3)), living separately and apart 21 from the other person on a permanent or indefinite 22 basis; or 23 25 Subparagraph 4(2)(b)(i) 24 Omit "a person of the opposite sex", substitute "another person, whether 25 of the same sex or a different sex". 26 26 Subparagraph 4(2)(b)(iii) 27 Omit "marriage-like", substitute "de facto". 28 27 Subparagraph 4(2)(b)(v) 29 Omit "for the purposes of section 23B of the Marriage Act 1961". 30 28 Subsection 4(2) (note) 31 Repeal the note. 58 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Amend ments commencing on 1 July 2009 Part 2 1 29 Subsection 4(3) 2 After "(2)(a)", insert ", subparagraph (2)(aa)(ii)". 3 30 Subparagraph 4(3)(c)(i) 4 After "to", insert ", or in a de facto relationship with,". 5 31 At the end of subparagraph 4(3)(e)(iv) 6 Add "or a de facto relationship". 7 32 Subsection 4(3A) 8 Omit "marriage-like", substitute "de facto". 9 33 Paragraph 4(7)(a) 10 Omit "a matrimonial", substitute "their". 11 34 At the end of section 4 12 Add: 13 Prohibited relationship 14 (12) For the purposes of this Act, a person and his or her partner are 15 within a prohibited relationship if the person is: 16 (a) an ancestor or a descendant of the partner; or 17 (b) a brother, sister, half-brother or half-sister of the partner. 18 (13) For the purposes of subsection (12), a child who is, or has ever 19 been, an adopted child of a person is taken to be the natural child 20 of that person and the person is taken to be the natural parent of the 21 child. 22 35 Subsection 5(1) 23 Insert: 24 child: without limiting who is a child of a person for the purposes 25 of this Act, someone is the child of a person if he or she 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, someone cannot be the product of a relationship 29 unless he or she is the biological child of at least one of the persons 30 in the relationship or was born to a woman in the relationship. Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 59 [Page Break] Part 2 A mend ments commencing on 1 Ju ly 2009 1 36 Subsection 5(1) (subparagraph (a)(i) of the definition of 2 parent) 3 Repeal the subparagraph, substitute: 4 (i) in relation to a person (the relevant person), other than 5 an adopted child--a natural parent or relationship parent 6 of the relevant person; or 7 37 Subsection 5(1) (subparagraph (a)(ii) of the definition of 8 parent) 9 Omit "young person", substitute "child". 10 38 Subsection 5(1) (subparagraph (b)(i) of the definition of 11 parent) 12 Omit "natural or adoptive parent", substitute "natural parent, adoptive 13 parent or relationship parent". 14 39 Subsection 5(1) (subparagraph (b)(iv) of the definition of 15 parent) 16 Omit "natural or adoptive parent", substitute "natural parent, adoptive 17 parent or relationship parent". 18 40 Subsection 5(1) 19 Insert: 20 relationship child has the meaning given by subsection (25). 21 41 Subsection 5(1) 22 Insert: 23 relationship parent has the meaning given by subsection (25). 24 42 Subsection 5(1) 25 Insert: 26 step-child: without limiting who is a step-child of a person for the 27 purposes of this Act, someone who is a child of a partner of the 28 person is the step-child of the person, if he or she would be the 29 person's step-child except that the person is not legally married to 30 the partner. 60 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Amend ments commencing on 1 July 2009 Part 2 1 43 Subsection 5(1) 2 Insert: 3 step-parent: without limiting who is a step-parent of a person for 4 the purposes of this Act, someone who is a partner of a parent of 5 the person is the step-parent of the person, if he or she would be 6 the person's step-parent except that he or she is not legally married 7 to the person's parent. 8 44 Subsection 5(1) (definition of substitute care) 9 Repeal the definition. 10 45 After paragraph 5(2)(a) 11 Insert: 12 (aa) all of the following apply: 13 (i) the young person is not a dependent child of the adult 14 under paragraph (a); 15 (ii) the adult is a relationship parent of the young person; 16 (iii) there is no order of a court that stops the adult from 17 being legally responsible for the day-to-day care, 18 welfare and development of the young person; 19 (iv) the young person is in the adult's care; or 20 46 Subparagraph 5(2)(b)(i) 21 After "paragraph (a)", insert "or (aa)". 22 47 At the end of section 5 23 Add: 24 Relationship child and relationship parent 25 (25) If: 26 (a) someone is a child of a person because of: 27 (i) the definition of child in subsection (1); or 28 (ii) paragraph (b) of the definition of child in 29 section 1207A; or 30 (iii) paragraph (b) of the definition of child in subsection 31 1209R(5); and 32 (b) he or she is not a biological or adopted child of the person; Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 61 [Page Break] Part 2 A mend ments commencing on 1 Ju ly 2009 1 the child is the relationship child of the person and the person is 2 the relationship parent of the child. 3 48 Section 5E 4 Before "A person", insert "(1)". 5 49 Paragraph 5E(a) 6 Omit "natural parent, adoptive parent", substitute "parent". 7 50 At the end of section 5E 8 Add: 9 (2) For the purposes of subparagraph (1)(b)(i), if one person is a 10 relationship child, or a step-child, of another person, relationships 11 traced to or through the person are to be determined on the basis 12 that the person is related by blood to the other person. 13 51 Paragraph 8(8)(z) 14 Omit "the person's father, mother, son, daughter, brother or sister", 15 substitute "a parent, child, brother or sister of the person". 16 52 At the end of subsection 10B(3) 17 Add: 18 Note: For parent see subsection 5(1), paragraph (b) of the definition of 19 parent. 20 53 Paragraph 14A(3)(a) 21 Omit "natural or adopted child", substitute "natural child, adopted child 22 or relationship child". 23 54 Subsection 17A(1) (paragraph (a) of the definition of 24 eligible descendant) 25 Omit "step child", substitute "step-child". 26 55 Subsection 23(1) (paragraph (a) of the definition of 27 immediate family member) 28 Omit "natural parent, adoptive parent", substitute "parent". 29 56 Subsection 23(1) 62 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Amend ments commencing on 1 July 2009 Part 2 1 Insert: 2 prohibited relationship has the meaning given by subsections 3 4(12) and (13). 4 57 Subsection 23(1) 5 Insert: 6 relationship child has the meaning given by subsection 5(25). 7 58 Subsection 23(1) 8 Insert: 9 relationship parent has the meaning given by subsection 5(25). 10 59 Subsection 23(1) (definition of widow) 11 Repeal the definition. 12 60 Paragraph 23(14)(a) 13 Omit ", father or mother", substitute "or a parent". 14 61 At the end of subsection 23(14) 15 Add: 16 Note: For parent see subsection 5(1), paragraph (a) of the definition of 17 parent. 18 62 At the end of section 23 19 Add: 20 (22) For the purposes of this Act, if one person is the relationship child 21 of another person, relationships traced to or through the person are 22 to be determined on the basis that the person is the child of the 23 other person. 24 (23) Subsection (22) does not apply for the purposes of determining 25 when a person and his or her partner are within a prohibited 26 relationship under subsection 4(12). 27 63 After subsection 24(1) 28 Insert: 29 (1A) If: Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 63 [Page Break] Part 2 A mend ments commencing on 1 Ju ly 2009 1 (a) a relationship between a person and another person (whether 2 of the same sex or a different sex) is registered under a law of 3 a State or Territory prescribed for the purposes of 4 section 22B of the Acts Interpretation Act 1901 as a kind of 5 relationship prescribed for the purposes of that section; and 6 (b) the person is not living separately and apart from the other 7 person on a permanent or indefinite basis; and 8 (c) the Secretary is satisfied that the person should, for a special 9 reason in the particular case, not be treated as a member of a 10 couple; 11 the Secretary may determine, in writing, that the person is not to be 12 treated as a member of a couple for the purposes of this Act. 13 64 Paragraph 24(2)(a) 14 Omit "a person of the opposite sex", substitute "another person, whether 15 of the same sex or a different sex". 16 65 Paragraph 24(2)(c) 17 Omit "marriage-like", substitute "de facto". 18 66 At the end of section 24 19 Add: 20 (3) A determination made under subsection (1), (1A) or (2) is not a 21 legislative instrument. 22 Note: The headings to subsections 93J(1) and (2) are altered by omitting " marital" and 23 substituting "couple". 24 67 Subsection 553B(3) (note 2) 25 Repeal the note, substitute: 26 Note 2: For parent see subsection 5(1), paragraph (b) of the definition of 27 parent. 28 68 At the end of section 993 29 Add: 30 (3) If a young person (other than an adopted child) is a relationship 31 child of a person because he or she is the product of a relationship 32 the person has or had as a couple with another person, the two 64 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Amend ments commencing on 1 July 2009 Part 2 1 persons in the relationship are taken to be the young person's only 2 parents for the purposes of this section. 3 69 Section 994 4 Before "A young person", insert "(1)". 5 70 At the end of section 994 6 Add: 7 (2) If a young person (other than an adopted child) is a relationship 8 child of a person because he or she is the product of a relationship 9 the person has or had as a couple with another person, the two 10 persons in the relationship are taken to be the young person's only 11 parents for the purposes of this section. 12 71 At the end of section 995 13 Add: 14 (3) If a young person (other than an adopted child) is a relationship 15 child of a person because he or she is the product of a relationship 16 the person has or had as a couple with another person, the two 17 persons in the relationship are taken to be the young person's only 18 parents for the purposes of this section. 19 72 Paragraphs 1061PL(2)(a) and (b) 20 Omit "natural or adopted child", substitute "natural child, adopted child 21 or relationship child". 22 73 At the end of section 1061PL 23 Add: 24 Parents of relationship children 25 (8) If a person (other than a person who is an adopted child) is a 26 relationship child of another person because he or she is the 27 product of a relationship the other person has or had as a couple 28 with a third person, the two persons in the relationship are taken to 29 be the person's only parents for the purposes of subsections (3), 30 (4), (5), (6) and (7). 31 74 Paragraph 1064(4)(a) Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 65 [Page Break] Part 2 A mend ments commencing on 1 Ju ly 2009 1 Omit "a person of the opposite sex", substitute "another person, whether 2 of the same sex or a different sex". 3 75 Paragraph 1064(4)(b) 4 Omit "marriage-like", substitute "de facto". 5 76 Paragraph 1065(3)(a) 6 Omit "a person of the opposite sex", substitute "another person, whether 7 of the same sex or a different sex". 8 77 Paragraph 1065(3)(b) 9 Omit "marriage-like", substitute "de facto". 10 78 Paragraph 1066(3)(a) 11 Omit "a person of the opposite sex", substitute "another person, whether 12 of the same sex or a different sex". 13 79 Paragraph 1066(3)(b) 14 Omit "marriage-like", substitute "de facto". 15 80 Paragraph 1066A(5)(a) 16 Omit "a person of the opposite sex", substitute "another person, whether 17 of the same sex or a different sex". 18 81 Paragraph 1066A(5)(b) 19 Omit "marriage-like", substitute "de facto". 20 82 Paragraph 1066B(4)(a) 21 Omit "a person of the opposite sex", substitute "another person, whether 22 of the same sex or a different sex". 23 83 Paragraph 1066B(4)(b) 24 Omit "marriage-like", substitute "de facto". 25 84 Paragraphs 1067A(3)(a) and (b) 26 Omit "natural or adoptive child", substitute "natural child, adoptive 27 child or relationship child". 28 85 At the end of section 1067A 66 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Amend ments commencing on 1 July 2009 Part 2 1 Add: 2 Parents of relationship children 3 (13) If a person (other than a person who is an adopted child) is a 4 relationship child of another person because he or she is the 5 product of a relationship the other person has or had as a couple 6 with a third person, the two persons in the relationship are taken to 7 be the person's only parents for the purposes of subsections (5), 8 (6), (7), (8), (9) and (11). 9 86 Section 1067B 10 Before "A person", insert "(1)". 11 87 Paragraphs 1067B(d) and (e) 12 Omit "natural or adoptive child", substitute "natural child, adoptive 13 child or relationship child". 14 88 At the end of section 1067B 15 Add: 16 (2) If a person (other than a person who is an adopted child) is a 17 relationship child of another person because he or she is the 18 product of a relationship the other person has or had as a couple 19 with a third person, the two persons in the relationship are taken to 20 be the person's only parents for the purposes of paragraph (1)(b). 21 89 After paragraph 1067C(1)(a) 22 Insert: 23 (aa) both of the following conditions are met: 24 (i) a relationship between the person and another person 25 (whether of the same sex or a different sex) is registered 26 under a law of a State or Territory prescribed for the 27 purposes of section 22B of the Acts Interpretation Act 28 1901 as a kind of relationship prescribed for the 29 purposes of that section; 30 (ii) the person is not, in the Secretary's opinion (formed as 31 mentioned in subsection (3)), living separately and apart 32 from the other person on a permanent or indefinite 33 basis; or Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 67 [Page Break] Part 2 A mend ments commencing on 1 Ju ly 2009 1 90 Subparagraph 1067C(1)(b)(i) 2 Omit "a person of the opposite sex", substitute "another person, whether 3 of the same sex or a different sex". 4 91 Subparagraphs 1067C(1)(b)(iv), (v) and (vi) 5 Omit "marriage-like", substitute "de facto". 6 92 Subparagraph 1067C(1)(b)(vii) 7 Omit "for the purposes of section 23B of the Marriage Act 1961". 8 93 After paragraph 1067C(2)(a) 9 Insert: 10 (aa) both of the following conditions are met: 11 (i) a relationship between the person and another person 12 (whether of the same sex or a different sex) was 13 registered under a law of a State or Territory prescribed 14 for the purposes of section 22B of the Acts 15 Interpretation Act 1901 as a kind of relationship 16 prescribed for the purposes of that section (whether or 17 not the relationship is still registered); 18 (ii) the person was not, in the Secretary's opinion (formed 19 as mentioned in subsection (3)), living separately and 20 apart from the other person on a permanent or indefinite 21 basis at all times while the relationship was registered; 22 or 23 94 Subparagraph 1067C(2)(b)(i) 24 Omit "a person of the opposite sex", substitute "another person, whether 25 of the same sex or a different sex". 26 95 Subparagraphs 1067C(2)(b)(iv), (v) and (vi) 27 Omit "marriage-like", substitute "de facto". 28 96 Subparagraph 1067C(2)(b)(vii) 29 Omit "for the purposes of section 23B of the Marriage Act 1961". 30 97 Subsection 1067C(3) 31 After "(1)(a),", insert "subparagraph (1)(aa)(ii),". 68 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Amend ments commencing on 1 July 2009 Part 2 1 98 Subsection 1067C(3) 2 After "(2)(a)", insert ", subparagraph (2)(aa)(ii)". 3 99 Subsection 1067C(4) 4 Omit "marriage-like", substitute "de facto". 5 100 Section 1067C (note) 6 Repeal the note. 7 101 At the end of section 1067D 8 Add: 9 Parents of relationship children 10 (4) If a person (other than a person who is an adopted child) is a 11 relationship child of another person because he or she is the 12 product of a relationship the other person has or had as a couple 13 with a third person, the two persons in the relationship are taken to 14 be the person's only parents for the purposes of paragraph (1)(b). 15 102 Paragraph 1067G(2)(a) 16 After "to the other person", insert "(whether the persons are the same 17 sex or different sexes)". 18 103 Paragraph 1067G(2)(b) 19 Repeal the paragraph. 20 104 After subparagraph (b)(i) of point 1067G-B3AA 21 Insert: 22 (ia) the person is a relationship parent of a child under 16 23 and there is no order of a court that stops the person 24 from being legally responsible for the day-to-day care, 25 welfare and development of the child; or 26 105 Subparagraph (b)(i) of subpoint 1067G-G9(2) 27 After "a child", insert "(other than a relationship child)". 28 106 After subparagraph (b)(i) of subpoint 1067G-G9(2) 29 Insert: Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 69 [Page Break] Part 2 A mend ments commencing on 1 Ju ly 2009 1 (ia) a relationship child of the person if there is an order of a 2 court that stops the person from being legally 3 responsible for the day-to-day care, welfare and 4 development of the child; or 5 107 Point 1067G-H21 6 Omit "the father, mother, son, daughter", substitute "a parent, child". 7 108 Point 1067G-H22 8 Omit "the person's father, mother, son, daughter, brother or sister", 9 substitute "a parent, child, brother or sister of the person". 10 109 Section 1067J 11 Before "A person", insert "(1)". 12 110 At the end of section 1067J 13 Add: 14 (2) If a person (other than a person who is an adopted child) is a 15 relationship child of another person because he or she is the 16 product of a relationship the other person has or had as a couple 17 with a third person, the two persons in the relationship are taken to 18 be the person's only parents for the purposes of subsection (1). 19 111 Paragraph 1067L(2)(a) 20 After "to the other person", insert "(whether the persons are the same 21 sex or different sexes)". 22 112 Paragraph 1067L(2)(b) 23 Omit "of the opposite sex and". 24 113 Point 1067L-D17 25 Omit "the father, mother, son, daughter", substitute "a parent, child". 26 114 Point 1067L-D18 27 Omit "the person's father, mother, son, daughter, brother or sister", 28 substitute "a parent, child, brother or sister of the person". 29 115 Paragraph 1068(2)(a) 70 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Amend ments commencing on 1 July 2009 Part 2 1 Omit "a person of the opposite sex", substitute "another person, whether 2 of the same sex or a different sex". 3 116 Paragraph 1068(2)(b) 4 Omit "marriage-like", substitute "de facto". 5 117 Paragraph (b) of point 1068-B1A 6 Omit "natural or adopted child", substitute "natural child, adopted child 7 or relationship child". 8 118 After subparagraph (a)(i) of point 1068-B1B 9 Insert: 10 (ia) the person is a relationship parent of a child under 16 11 and there is no order of a court that stops the person 12 from being legally responsible for the day-to-day care, 13 welfare and development of the child; or 14 119 Point 1068-G5 15 Omit "the father, mother, son, daughter", substitute "a parent, child". 16 120 Point 1068-G6 17 Omit "the person's father, mother, son, daughter, brother or sister", 18 substitute "a parent, child, brother or sister of the person". 19 121 Paragraph 1068A(3)(a) 20 Omit "a person of the opposite sex", substitute "another person, whether 21 of the same sex or a different sex". 22 122 Paragraph 1068A(3)(b) 23 Omit "marriage-like", substitute "de facto". 24 123 Point 1068B-D5 25 Omit "the father, mother, son, daughter", substitute "a parent, child". 26 124 Point 1068B-D6 27 Omit "the person's father, mother, son, daughter, brother or sister", 28 substitute "a parent, child, brother or sister of the person". 29 125 Section 1207A (definition of child) Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 71 [Page Break] Part 2 A mend ments commencing on 1 Ju ly 2009 1 Repeal the definition, substitute: 2 child: without limiting who is a child of a person for the purposes 3 of this Part, each of the following is the child of a person: 4 (a) an adopted child, step-child or foster-child of the person; 5 (b) someone who is the product of a relationship the person has 6 or had as a couple with another person (whether of the same 7 sex or a different sex). 8 For the purposes of paragraph (b), someone cannot be the product 9 of a relationship unless he or she is the biological child of at least 10 one of the persons in the relationship or was born to a woman in 11 the relationship. 12 126 Subsection 1207B(2) 13 Repeal the subsection, substitute: 14 (2) For the purposes of this section, if one person is the child of 15 another person because of the definition of child in section 1207A, 16 relationships traced to or through the person are to be determined 17 on the basis that the person is the child of the other person. 18 127 Subsection 1209R(5) (definition of child) 19 Repeal the definition, substitute: 20 child of a principal beneficiary means: 21 (a) a natural child, adopted child or step-child of the beneficiary; 22 or 23 (b) someone who is the product of a relationship the beneficiary 24 has or had as a couple with another person (whether of the 25 same 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 72 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] General amendments Part 1 1 2 Schedule 7--Finance and Deregulation 3 Part 1--General amendments 4 Commonwealth Electoral Act 1918 5 1 Subsection 4(1) (at the end of the definition of child) 6 Add: 7 ; and (c) a child who is the product of a relationship the person has or 8 had as a couple with another person (whether the persons are 9 the same sex or different sexes). 10 For the purposes of paragraph (c), the child cannot be the product 11 of the relationship unless he or she is the biological child of at least 12 one of the persons or is born to a woman in the relationship. 13 2 Subsection 4(1) 14 Insert: 15 de facto partner of a person has the meaning given by the Acts 16 Interpretation Act 1901. 17 3 Subsection 4(1) 18 Insert: 19 next of kin has a meaning affected by subsection (11). 20 4 Subsection 4(1) (definition of spouse) 21 Repeal the definition. 22 5 At the end of section 4 23 Add: 24 (11) In determining whether a person is next of kin of another person, 25 the following persons are also to be taken into account: 26 (a) a de facto partner of the person; 27 (b) a child of the person, or someone of whom the person is a 28 child, because of the definition of child in this section; Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 73 [Page Break] Part 1 General amendments 1 (c) anyone else who would be a relative of the person because 2 someone mentioned in paragraph (a) or (b) is taken into 3 account. 4 6 Paragraph 95(1)(a) 5 After "spouse", insert ", de facto partner". 6 Note: The heading to section 95 is altered by inserting ", de facto partner" after "spouse". 7 7 At the end of section 104 8 Add: 9 (11) For the purposes of this section, the members of a person's family 10 are taken to include the following (without limitation): 11 (a) a de facto partner of the person; 12 (b) a child of the person, or someone of whom the person is a 13 child, because of the definition of child in section 4; 14 (c) anyone else who would be a member of the person's family 15 because a person mentioned in paragraph (a) or (b) is taken to 16 be a member of the family. 17 Medibank Private Sale Act 2006 18 8 Clause 33 of Schedule 2 19 Before "In this Part", insert "(1)". 20 9 Clause 33 of Schedule 2 21 Insert: 22 child: without limiting who is a child of a person for the purposes 23 of this Part, someone is the child of a person if he or she is the 24 product of a relationship the person has or had as a couple with 25 another person (whether of the same sex or a different sex). For 26 this purpose, someone cannot be the product of a relationship 27 unless he or she is the biological child of at least one of the persons 28 in the relationship or was born to a woman in the relationship. 29 10 Clause 33 of Schedule 2 30 Insert: 74 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] General amendments Part 1 1 parent: without limiting who is a parent of a person for the 2 purposes of this Part, someone is the parent of a person if the 3 person is his or her child because of the definition of child in this 4 subclause. 5 11 Clause 33 of Schedule 2 (paragraph (b) of the definition of 6 relative) 7 Repeal the paragraph, substitute: 8 (b) the person's de facto partner within the meaning of the Acts 9 Interpretation Act 1901; or 10 12 Clause 33 of Schedule 2 (paragraph (d) of the definition of 11 relative) 12 Omit "son, daughter", substitute "child". 13 13 Clause 33 of Schedule 2 (at the end of the definition of 14 relative) 15 Add: 16 Note: See also subclause (2). 17 14 At the end of clause 33 of Schedule 2 18 Add: 19 (2) For the purposes of paragraphs (c), (d) and (e) of the definition of 20 relative in subclause (1), if one person is the child of another 21 person because of the definition of child in this Part, relationships 22 traced to or through the person are to be determined on the basis 23 that the person is the child of the other person. 24 15 Transitional provision 25 (1) For the purposes of clauses 29 and 30 of Schedule 2 of the Medibank 26 Private Sale Act 2006, if: 27 (a) apart from this subitem, an unacceptable ownership situation 28 would exist in relation to a Medibank Private company on the 29 day on which the amendments of that Act made by this 30 Schedule commence; and 31 (b) that situation would exist only because of the amendments; Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 75 [Page Break] Part 1 General amendments 1 the situation is, during the period of 6 months starting on the day on 2 which the amendments commence, taken not to exist for so long as it 3 would otherwise have existed. 4 (2) If: 5 (a) on the day on which the amendments of the Medibank 6 Private Sale Act 2006 made by this Schedule commence, a 7 person would, apart from this subitem, be required by 8 regulations made for the purposes of clause 32 of Schedule 2 9 to that Act to do something in relation to an ownership 10 matter; and 11 (b) the person would not be required to do that thing if the 12 amendments had not been made; 13 the person is, during the period of 6 months starting on the day on 14 which the amendments commence, taken not to be required to do that 15 thing for so long as the person would otherwise have been required to 16 do that thing. 17 Members of Parliament (Life Gold Pass) Act 2002 18 16 Section 3 19 Omit: 20 (a) spouses of pass-holders; and 21 (b) the widows and widowers of deceased 22 pass-holders; and 23 (c) the spouses of sitting members who have satisfied 24 the qualifying period for the issue of a Life Gold 25 Pass. 26 substitute: 27 (a) spouses or de facto partners of pass-holders; and 28 (b) surviving spouses or de facto partners of deceased 29 pass-holders; and 76 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] General amendments Part 1 1 (c) the spouses or de facto partners of sitting members 2 who have satisfied the qualifying period for the 3 issue of a Life Gold Pass. 4 17 Section 4 5 Insert: 6 de facto partner of a person has the meaning given by the Acts 7 Interpretation Act 1901. 8 18 Section 4 9 Insert: 10 surviving spouse or de facto partner of a person who has died 11 means a spouse or de facto partner of the person immediately 12 before the person died who: 13 (a) was named in a nomination in force under section 9B; or 14 (b) if the person died while a member and satisfied the relevant 15 qualifying period for the issue of a Life Gold Pass before his 16 or her death--was named in a nomination in force for the 17 purposes of a travel entitlement administered by the 18 Department; or 19 (c) if different spouses or de facto partners are named in 20 nominations in force under paragraphs (a) and (b)--the 21 spouse or de facto partner named in the most recent 22 nomination. 23 19 Section 4 (definition of widow) 24 Repeal the definition. 25 20 Section 4 (definition of widower) 26 Repeal the definition. 27 21 Subsection 9(2) 28 Omit "widow or widower", substitute "surviving spouse or de facto 29 partner". 30 Note: The heading to subsection 9(2) is replaced by the heading "Surviving spouse or de facto 31 partner". 32 22 Paragraphs 9(3)(a) and (b) Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 77 [Page Break] Part 1 General amendments 1 Omit "widow or widower", substitute "surviving spouse or de facto 2 partner". 3 23 Subsection 9(4) 4 Omit "widow or widower" (wherever occurring), substitute "surviving 5 spouse or de facto partner". 6 24 At the end of Part 1 7 Add: 8 9A Entitlement of spouses and de facto partners 9 (1) In order for a spouse or de facto partner of a person to be entitled 10 to domestic return trips under this Act, there must be a nomination 11 in force under section 9B in relation to the spouse or de facto 12 partner. 13 (2) Only one spouse or de facto partner of a person may be nominated 14 at any time. 15 9B Nomination of spouse or de facto partne r 16 (1) A person who has a spouse or de facto partner may nominate the 17 spouse or de facto partner as the spouse or de facto partner who is 18 entitled to domestic return trips under this Act. 19 (2) The nomination must: 20 (a) be in writing; and 21 (b) name the spouse or de facto partner; and 22 (c) specify the day (the start day) from which the spouse or 23 de facto partner is to be entitled to domestic return trips under 24 this Act. 25 (3) The start day may be earlier than the day the nomination is made 26 but must not be earlier than the day on which the spouse or de facto 27 partner became the spouse or de facto partner of the person. 28 (4) The nomination is in force during the period: 29 (a) beginning on the start day; and 30 (b) ending on the earlier of: 31 (i) the day the person makes a written revocation of the 32 nomination; or 78 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] General amendments Part 1 1 (ii) if the person makes a subsequent nomination naming 2 another spouse or de facto partner of the person--the 3 day before the start day for the subsequent nomination. 4 (5) If the start day for a subsequent nomination naming another spouse 5 or de facto partner of a person includes a period during which a 6 previously nominated spouse or de facto partner of the person took 7 one or more domestic return trips, then, despite section 9A, the 8 previously nominated spouse or de facto partner is taken to have 9 been entitled to those domestic return trips. 10 Note: Under section 14, the total trips that may be taken by the subsequently 11 nominated spouse or de facto partner in the year in which the start day 12 occurs cannot exceed the number of trips left untaken in that year by 13 the previously nominated spouse or de facto partner. 14 25 Subsection 10(1) (column 1 of table item 2) 15 After "spouse", insert "or de facto partner". 16 26 Subsection 10(1) (table item 3) 17 Omit "widow or widower", substitute "surviving spouse or de facto 18 partner". 19 27 Subsection 10(3) 20 After "spouse", insert "or de facto partner". 21 28 Subsection 11(2) (column 1 of table item 2) 22 After "spouse", insert "or de facto partner". 23 29 Subsection 11(2) (table items 3, 4 and 5) 24 Omit "widow or widower", substitute "surviving spouse or de facto 25 partner". 26 30 Part 4 (heading) 27 Repeal the heading, substitute: 28 Part 4--Spouses or de facto partners of sitting 29 members 30 31 Subsection 12(2) (column 1 of table items 1, 2 and 3) 31 After "spouse", insert "or de facto partner". Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 79 [Page Break] Part 1 General amendments 1 Note: The heading to section 12 is altered by inserting "or de facto partners" after 2 "S pouses". 3 32 Section 13 4 After "spouse", insert "or de facto partner". 5 33 Subsection 14(1) (column 3 table heading) 6 Omit "using the pro-rating formula in", substitute "under". 7 34 Subsection 14(1) (column 1 of table item 2) 8 After "spouse", insert "or de facto partner". 9 35 Subsection 14(1) (column 2 of table item 2) 10 Omit "events". 11 36 Subsection 14(1) (column 2 of table item 2) 12 Omit "the person becomes the spouse of the former member", substitute 13 "there is a start day for a nomination under section 9B of the person as 14 the spouse or de facto partner of the former member". 15 37 Subsection 14(1) (column 3 of table item 2) 16 Omit "the day on which the person became the spouse of the former 17 member", substitute "the start day for the nomination under 18 section 9B". 19 38 Subsection 14(1) (column 1 of table item 3) 20 After "spouse", insert "or de facto partner". 21 39 Subsection 14(1) (column 2 of table item 3) 22 Omit "events". 23 40 Subsection 14(1) (column 2 of table item 3) 24 Omit "the person becomes the spouse of the member", substitute "there 25 is a start day for a nomination under section 9B of the person as the 26 spouse or de facto partner of the former member". 27 41 Subsection 14(1) (column 3 of table item 3) 28 Omit "the day on which the person became the spouse of the member", 29 substitute "the start day for the nomination under section 9B". 80 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] General amendments Part 1 1 42 Subsection 14(2) 2 Repeal the subsection, substitute: 3 Pro-rating of entitlement 4 (2) The number of domestic return trips for the purposes of the table is 5 the lower of: 6 (a) the number of trips worked out using the formula in 7 subsection (2A); and 8 (b) the difference between: 9 (i) the maximum number of trips specified in the relevant 10 item of the table in Part 2, 3 or 4 for a spouse or de facto 11 partner of the member or former member; and 12 (ii) the number of trips (if any) already taken in the year by 13 a spouse or de facto partner of the member or former 14 member previously nominated under section 9B. 15 (2A) For the purposes of paragraph (2)(a), the formula is: Number of domestic Number of days in the remaining period 16 return trips specified in the item 365 17 where: 18 remaining period means the period: 19 (a) beginning on the day worked out using the table; and 20 (b) ending at the end of the year. 21 43 Subsection 19(1) (table item 2) 22 After "spouse" (wherever occurring), insert "or de facto partner". 23 44 Section 21 24 Omit "widow or widower" (wherever occurring), substitute "surviving 25 spouse or de facto partner". 26 45 Sections 22, 23 and 24 27 After "spouse" (wherever occurring), insert "or de facto partner". 28 Note: The headings to sections 22, 23 and 24 are altered by inserting "or de facto partner" 29 after "spouse". 30 46 Subsection 28(2) Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 81 [Page Break] Part 1 General amendments 1 Omit "widow or widower", substitute "surviving spouse or de facto 2 partner". 3 47 Paragraph 29(1)(b) 4 After "spouse", insert "or de facto partner". 5 48 Transitional and application provision for amendments of 6 the Members of Parliament (Life Gold Pass) Act 2002 7 Spouses entitled before commencement 8 (1) If, immediately before the commencement of the amendments of the 9 Members of Parliament (Life Gold Pass) Act 2002 made by this 10 Schedule, the spouse of a person was entitled to domestic return trips 11 under that Act, the following provisions of that Act apply as if the 12 spouse were nominated under section 9B of that Act: 13 (a) sections 9A and 9B; 14 (b) the definition of surviving spouse or de facto partner in 15 section 4. 16 (2) Subitem (1) does not prevent a person from revoking a nomination, or 17 giving a subsequent nomination, under section 9B of that Act. 18 Spouses or de facto partners who become entitled on 19 commencement 20 (3) If: 21 (a) on or after the commencement of the amendments of the 22 Members of Parliament (Life Gold Pass) Act 2002 made by 23 this Schedule, a person makes a nomination under section 9B 24 of that Act; and 25 (b) the nomination names someone who was the spouse or 26 de facto partner of the person on the day on which the 27 amendments commenced; 28 the start day for the nomination cannot be earlier than the day on which 29 the amendments commenced. 30 Application of amendments to surviving spouses or de facto 31 partners 32 (4) The amendments of the Members of Parliament (Life Gold Pass) Act 33 2002 made by this Schedule apply in relation to entitlements to 82 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] General amendments Part 1 1 domestic return trips for the surviving spouse or de facto partner of a 2 person if the person's death occurs on or after the commencement of the 3 amendments. 4 Application of amendments to widows and widowers 5 (5) If, immediately before the commencement of the amendments of the 6 Members of Parliament (Life Gold Pass) Act 2002 made by this 7 Schedule, a person was the widow of a deceased man or the widower of 8 a deceased woman within the meaning of that Act, the person is, after 9 commencement, taken to be the surviving spouse or de facto partner of 10 the man or woman within the meaning of that Act as amended. 11 Parliamentary Entitlements Act 1990 12 49 Section 3 13 Before "In this Act", insert "(1)". 14 50 Section 3 (subparagraph (a)(ii) of the definition of 15 dependent child) 16 Repeal the subparagraph, substitute: 17 (ii) is covered by subsection (2); or 18 (iii) is covered by subsection (3); or 19 51 Section 3 (definition of spouse) 20 Repeal the definition, substitute: 21 spouse of a member includes a de facto partner of the member 22 within the meaning of the Acts Interpretation Act 1901. 23 52 At the end of section 3 24 Add: 25 (2) For the purposes of subparagraph (a)(ii) of the definition of 26 dependent child in subsection (1), a person under 16 is covered by 27 this subsection if: 28 (a) the Officer does not have a legal right to custody, care and 29 control of the person, otherwise than because an order of a 30 court stops the Officer having that right; and Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 83 [Page Break] Part 1 General amendments 1 (b) the person is the product of a relationship the Officer has or 2 had as a couple with another person (whether of the same sex 3 or a different sex); and 4 (c) the person is in the care and control of the Officer. 5 For the purposes of paragraph (b), the person under 16 cannot be 6 the product of the relationship unless he or she is the biological 7 child of at least one of the Officer or the other person or was born 8 to a woman in the relationship. 9 (3) For the purposes of subparagraph (a)(iii) of the definition of 10 dependent child in subsection (1), a person under 16 (the child) is 11 covered by this subsection if: 12 (a) there is no person who has the custody, care and control of 13 the child; and 14 (b) there is no Officer in relation to whom the child is a 15 dependent child because of being covered by subsection (2); 16 and 17 (c) there is no other person in relation to whom, if the person 18 were an Officer, the child would be a dependent child 19 because of being covered by subsection (2); and 20 (d) the child is wholly or substantially in the care and control of 21 the Officer. 22 84 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Superannuation amendments (general) Part 2 1 2 Part 2--Superannuation amendments (general) 3 Superannuation Act 1976 4 53 Paragraph 51(6)(a) 5 After "spouse", insert ", or de facto partner within the meaning of the 6 Acts Interpretation Act 1901,". 7 54 Subparagraph 51A(1)(b)(i) 8 After "spouse", insert ", or de facto partner within the meaning of the 9 Acts Interpretation Act 1901,". 10 55 Application of amendments of the Superannuation Act 11 1976 12 An amendment of the Superannuation Act 1976 made by this Schedule 13 (whether Part 2, 3 or 4) applies in relation to leave commencing on or 14 after the amendment commences. 15 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 85 [Page Break] Part 3 Superannuation amend ments if same-sex superannuation amendments commence earlier 1 2 Part 3--Superannuation amendments if same-sex 3 superannuation amendments commence 4 earlier 5 Superannuation Act 1976 6 56 At the end of section 51 7 Add: 8 (7) The reference in paragraph (6)(a) to the birth of a child of the 9 person includes a reference to the birth of a child who is the 10 product of a relationship the person has or had with a partner 11 (whether of the same sex or a different sex). 12 Note: Subsection 3(10) is relevant to working out if a child is the product of 13 the relationship for the purposes of subsection (7). 14 57 At the end of section 51A 15 Add: 16 (8) The reference in subparagraph (1)(b)(i) to the birth of a child of a 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 (8). 22 86 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Superannuation amendments if same-sex superannuation amendments commence later Part 4 1 2 Part 4--Superannuation amendments if same-sex 3 superannuation amendments commence 4 later 5 Superannuation Act 1976 6 58 At the end of section 51 7 Add: 8 (7) The reference in paragraph (6)(a) to the birth of a child of the 9 person includes a reference to the birth of a child who 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, the child cannot be the product of the relationship 13 unless he or she is the biological child of at least one of the persons 14 or was born to a woman in the relationship. 15 59 Subsection 51(7) 16 Repeal the subsection, substitute: 17 (7) The reference in paragraph (6)(a) to the birth of a child of the 18 person includes a reference to the birth of a child who is the 19 product of a relationship the person has or had with a partner 20 (whether of the same sex or a different sex). 21 Note: Subsection 3(10) is relevant to working out if a child is the product of 22 the relationship for the purposes of subsection (7). 23 60 At the end of section 51A 24 Add: 25 (8) The reference in subparagraph (1)(b)(i) to the birth of a child of a 26 person includes a reference to the birth of a child who is the 27 product of a relationship the person has or had as a couple with 28 another person (whether of the same sex or a different sex). For 29 this purpose, the child cannot be the product of the relationship 30 unless he or she is the biological child of at least one of the persons 31 or was born to a woman in the relationship. 32 61 Subsection 51A(8) Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 87 [Page Break] Part 4 Superannuation amend ments if same-sex superannuation amendments commence later 1 Repeal the subsection, substitute: 2 (8) The reference in subparagraph (1)(b)(i) to the birth of a child of a 3 person includes a reference to the birth of a child who is the 4 product of a relationship the person has or had with a partner 5 (whether of the same sex or a different sex). 6 Note: Subsection 3(10) is relevant to working out if a child is the product of 7 the relationship for the purposes of subsection (8). 8 88 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Amend ment commencing on 1 Ju ly 2009 Part 1 1 2 Schedule 8--Foreign Affairs and Trade 3 Part 1--Amendment commencing on 1 July 2009 4 Australian Passports Act 2005 5 1 After paragraph 53(3)(c) 6 Insert: 7 (ca) the name on a certificate, entry or record relating to the 8 registration of the person's relationship with another person, 9 being a certificate, entry or record: 10 (i) issued or made under, or for the purposes of, a law of a 11 State or Territory prescribed for the purposes of 12 section 22B of the Acts Interpretation Act 1901; and 13 (ii) relating to a kind of relationship prescribed for the 14 purposes of that section; and 15 (iii) issued or made by the Registrar of births, deaths and 16 marriages (however described) of the State or Territory 17 concerned; or 18 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 89 [Page Break] Part 2 A mend ments commencing on the day after Royal Assent 1 2 Part 2--Amendments commencing on the day after 3 Royal Assent 4 Export Market Development Grants Act 1997 5 2 List of terms defined in Part 9 6 Insert the following entry in its appropriate alphabetical position 7 (determined on a letter-by-letter basis): 8 child 9 3 List of terms defined in Part 9 10 Insert the following entry in its appropriate alphabetical position 11 (determined on a letter-by-letter basis): 12 de facto partner 13 4 List of terms defined in Part 9 14 Omit "de facto spouse". 15 5 List of terms defined in Part 9 16 Insert the following entry in its appropriate alphabetical position 17 (determined on a letter-by-letter basis): 18 parent 19 6 Section 107 20 Before "In", insert "(1)". 21 7 Section 107 22 Insert: 23 child: without limiting who is a child of an individual for the 24 purposes of this Act, someone is the child of an individual if he or 25 she is the product of a relationship the individual has or had as a 26 couple with another individual (whether of the same sex or a 27 different sex). For this purpose, someone cannot be the product of 28 a relationship unless he or she is the biological child of at least one 29 of the individuals in the relationship or was born to a woman in the 30 relationship. 90 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Amend ments commencing on the day after Royal Assent Part 2 1 8 Section 107 2 Insert: 3 de facto partner of an individual has the meaning given by the Acts 4 Interpretation Act 1901. 5 9 Section 107 (definition of de facto spouse) 6 Repeal the definition. 7 10 Section 107 8 Insert: 9 parent: without limiting who is a parent of an individual for the 10 purposes of this Act, someone is the parent of an individual if the 11 individual is his or her child because of the definition of child in 12 this section. 13 11 Section 107 (definition of spouse) 14 Omit "de facto spouse", substitute "de facto partner". 15 12 At the end of section 107 16 Add: 17 (2) For the purposes of paragraph (b) of the definition of relative in 18 subsection (1), relationships to an individual may also be traced to 19 or through another individual who is: 20 (a) a de facto partner of the first individual; or 21 (b) an exnuptial or adoptive child of the first individual; or 22 (c) related to the first individual because of the definitions of 23 child and parent in this section. 24 13 Application 25 The amendments of the Export Market Development Grants Act 1997 26 made by this Schedule apply in relation to grants in respect of a grant 27 year commencing on or after 1 July 2009. 28 Trade Representatives Act 1933 29 14 Subsection 11(11) 30 Repeal the subsection, substitute: Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 91 [Page Break] Part 2 A mend ments commencing on the day after Royal Assent 1 (11) For the purposes of this section, the members of a person's family 2 are taken to include the following (without limitation): 3 (a) a de facto partner of the person (within the meaning of the 4 Acts Interpretation Act 1901); 5 (b) someone who is the child of the person, or of whom the 6 person is the child, because of the definition of child in this 7 section; 8 (c) anyone else who would be a member of the person's family if 9 someone mentioned in paragraph (a) or (b) is taken to be a 10 member of the person's family. 11 (12) In this section: 12 child: without limiting who is a child of a person for the purposes 13 of this Act, someone is the child of a person if he or she is the 14 product of a relationship the person has or had as a couple with 15 another person (whether of the same sex or a different sex). For 16 this purpose, someone cannot be the product of a relationship 17 unless he or she is the biological child of at least one of the persons 18 in the relationship or was born to a woman in the relationship. 19 relevant person means: 20 (a) a Trade Representative; or 21 (b) an officer appointed under section 10. 22 92 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Amend ments commencing on the day after Royal Assent Part 1 1 2 Schedule 9--Health and Ageing 3 Part 1--Amendments commencing on the day after 4 Royal Assent 5 Prohibition of Human Cloning for Reproduction Act 2002 6 1 Subsection 8(1) (definition of spouse) 7 Omit "person who, although not legally married to the person, is living 8 with the person as the person's spouse on a bona fide domestic basis", 9 substitute "de facto partner of the person within the meaning of the Acts 10 Interpretation Act 1901". 11 Research Involving Human Embryos Act 2002 12 2 Subsection 7(1) (definition of spouse) 13 Omit "person who, although not legally married to the person, is living 14 with the person as the person's spouse on a bona fide domestic basis", 15 substitute "de facto partner of the person within the meaning of the Acts 16 Interpretation Act 1901". 17 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 93 [Page Break] Part 2 A mend ments commencing on 1 January 2009 1 2 Part 2--Amendments commencing on 1 January 3 2009 4 Health Insurance Act 1973 5 3 Subsection 3(1) (sub-subparagraph (f)(v)(A) of the 6 definition of Australian resident) 7 After "child", insert "(each having the same meaning as in the 8 Migration Act 1958)". 9 4 At the end of section 3 10 Add: 11 (18) Someone cannot be the product of the relationship between 2 12 persons (whether the persons are the same sex or different sexes) 13 for the purposes of this Act unless he or she is the biological child 14 of at least one of the persons or was born to a woman in the 15 relationship. 16 5 Paragraph 10AA(6)(b) 17 Repeal the paragraph, substitute: 18 (b) the person is a dependent child in relation to persons in more 19 than one registered family. 20 6 Subsection 10AA(7) (definition of dependent child) 21 Repeal the definition, substitute: 22 dependent child, in relation to a person, means: 23 (a) a child under 16 who is in the custody, care and control of the 24 person; or 25 (b) a child under 16: 26 (i) in relation to whom the person does not have a legal 27 right to custody, care and control, otherwise than 28 because an order of a court stops the person having that 29 right; and 30 (ii) who is the product of a relationship the person has or 31 had as a couple with another person (whether of the 32 same sex or a different sex); and 94 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Amend ments commencing on 1 January 2009 Part 2 1 (iii) who is in the care and control of the person; or 2 (c) a child under 16 who is not the dependent child of a person 3 under paragraph (a) or (b) and who is wholly or substantially 4 in the care and control of the person; 5 (d) a student child who is wholly or substantially dependent on 6 the person. 7 Note: Subsection 3(18) is relevant to working out if a child is the product of 8 the relationship for the purposes of subparagraph (b)(ii) of the 9 definition of dependent child. 10 7 Subsection 10AA(7) (paragraph (b) of the definition of 11 spouse) 12 Repeal the paragraph, substitute: 13 (b) a de facto partner of the person who is not living, on a 14 permanent basis, separately and apart from the person. 15 8 Subsection 23DZZID(1) (definition of child) 16 Repeal the definition, substitute: 17 child: without limiting who is a child of a person for the purposes 18 of this Part, each of the following is the child of a person: 19 (a) an adopted child or stepchild of the person; 20 (b) someone who is the product of a relationship the person has 21 or had as a couple with another person (whether of the same 22 sex or a different sex). 23 Note: Subsection 3(18) is relevant to working out if someone is the product 24 of the relationship for the purposes of paragraph (b) of the definition 25 of child. 26 9 Subsection 23DZZID(1) (definition of parent) 27 Repeal the definition, substitute: 28 parent: a person is the parent of anyone who is the person's child. 29 10 Subsection 23DZZID(1) (at the end of the definition of 30 relative) 31 Add: 32 Note: See also subsection (3). 33 11 Subsection 23DZZID(1) (definition of spouse) Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 95 [Page Break] Part 2 A mend ments commencing on 1 January 2009 1 Omit "de facto spouse", substitute "de facto partner". 2 12 Subsection 23DZZID(1) 3 Insert: 4 stepchild: without limiting who is a stepchild of a person for the 5 purposes of this Part, someone is the stepchild of a person if he or 6 she would be the person's stepchild except that the person is not 7 legally married to the person's de facto partner. 8 13 At the end of section 23DZZID 9 Add: 10 (3) For the purposes of this Part, if one person is the child of another 11 person because of the definition of child in this section, 12 relationships traced to or through that person are to be determined 13 on the basis that the person is the child of the other person. 14 14 Section 46A 15 Insert: 16 parent: without limiting who is a parent of a child for the purposes 17 of this Part, a person is the parent of a child if the child 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). 20 Note: Subsection 3(18) is relevant to working out if someone is the product 21 of the relationship for the purposes of the definition of parent. 22 National Health Act 1953 23 15 Subsection 4(1) 24 Insert: 25 de facto partner of a person means: 26 (a) another person (whether of the same sex or a different sex) 27 with whom the person has a relationship that is registered 28 under a law of a State or Territory prescribed for the purposes 29 of section 22B of the Acts Interpretation Act 1901 as a kind 30 of relationship prescribed for the purposes of that section; or 96 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Amend ments commencing on 1 January 2009 Part 2 1 (b) another person (whether of the same sex or a different sex) 2 who is living with the person on a genuine domestic basis 3 although not legally married to the person. 4 16 Subsection 4(1) (definition of de facto spouse) 5 Repeal the definition. 6 17 Subsection 4(1) (definition of spouse) 7 Omit "de facto spouse", substitute "de facto partner". 8 18 At the end of section 4 9 Add: 10 (6) 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 19 Subsection 9BA(7) 16 Insert: 17 parent: without limiting who is a parent of a child for the purposes 18 of this section, someone is the parent of a child if: 19 (a) the child is the person's adoptive child or stepchild; or 20 (b) the child would be the person's stepchild except that the 21 person is not legally married to the person's de facto partner; 22 or 23 (c) the child is the product of a relationship the person has or had 24 as a couple with another person (whether of the same sex or a 25 different sex). 26 Note: Subsection 4(6) is relevant to working out if someone is the product of 27 the relationship for the purposes of paragraph (c) of the definition of 28 parent. 29 20 Subsection 84(1) (at the end of the definition of child) 30 Add: 31 Note: See also subsection (3B). 32 21 After subsection 84(3A) Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 97 [Page Break] Part 2 A mend ments commencing on 1 January 2009 1 Insert: 2 (3B) A reference in the definition of child in subsection (1) to a child of 3 a member includes a reference to: 4 (a) an adoptive child or a stepchild of the person; and 5 (b) someone who would be the stepchild of the person except 6 that the person is not legally married to the person's de facto 7 partner; and 8 (c) someone who is the product of a relationship the member has 9 or had as a couple with another person (whether of the same 10 sex or a different sex). 11 Note: Subsection 4(6) is relevant to working out if someone is the product of 12 the relationship for the purposes of paragraph (c) of subsection (3B). 13 22 Paragraph 84(4)(b) 14 Omit "of the spouse", substitute "or the spouse". 15 23 After paragraph 84(4)(b) 16 Insert: 17 (ba) a child under the age of 16 years: 18 (i) in relation to whom the person does not have a legal 19 right to custody, care and control, otherwise than 20 because an order of a court stops the person having that 21 right; and 22 (ii) who is the product of a relationship the person has or 23 had as a couple with another person (whether of the 24 same sex or a different sex); and 25 (iii) who is in the care and control of the person or the 26 person's spouse; or 27 (bb) a child under the age of 16 years who is not the dependent 28 child of a person under paragraph (b) or (ba) and who is 29 wholly or substantially in the care and control of the person; 30 or 31 24 At the end of subsection 84(4) 32 Add: 33 Note: Subsection 4(6) is relevant to working out if a child is the product of 34 the relationship for the purposes of subparagraph (4)(ba)(ii). 35 25 At the end of paragraph 84B(1)(b) 98 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Amend ments commencing on 1 January 2009 Part 2 1 Add "or the person's spouse". 2 26 Subsection 84B(4) (definition of dependent child) 3 Repeal the definition, substitute: 4 dependent child, in relation to a person, means: 5 (a) a child under 16 who is in the custody, care and control of the 6 person; or 7 (b) a child under 16: 8 (i) in relation to whom the person does not have a legal 9 right to custody, care and control, otherwise than 10 because an order of a court stops the person having that 11 right; and 12 (ii) who is the product of a relationship the person has or 13 had as a couple with another person (whether of the 14 same sex or a different sex); and 15 (iii) who is in the care and control of the person; or 16 (c) a child under 16 who is not the dependent child of a person 17 under paragraph (a) or (b) and who is wholly or substantially 18 in the care and control of the person; or 19 (d) a student child who is wholly or substantially dependent on 20 the person. 21 Note: Subsection 4(6) is relevant to working out if a child is the product of 22 the relationship for the purposes of subparagraph (b)(ii) of the 23 definition of dependent child. 24 27 Subsection 84B(4) (paragraph (b) of the definition of 25 spouse) 26 Repeal the paragraph, substitute: 27 (b) a de facto partner of the person within the meaning of 28 paragraph (a) of the definition of de facto partner in 29 subsection 4(1), who is not living, on a permanent basis, 30 separately and apart from the person; 31 (c) a de facto partner of the person within the meaning of 32 paragraph (b) of the definition of de facto partner in 33 subsection 4(1). 34 28 Paragraph 84B(5)(a) Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 99 [Page Break] Part 2 A mend ments commencing on 1 January 2009 1 Omit "a person who is legally married to another person (the person's 2 partner)", substitute "a person who is the spouse of another person (the 3 person's partner) under paragraph (a) or (b) of the definition". 4 29 Paragraph 84B(5)(b) 5 Omit "a person is not taken to have ceased to live with another person 6 (the person's partner)", substitute "a person who is the spouse of 7 another person (the person's partner) under paragraph (c) of the 8 definition is not taken to have ceased to live with the person's partner". 9 100 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Amend ments commencing on 1 July 2009 Part 3 1 2 Part 3--Amendments commencing on 1 July 2009 3 Aged Care Act 1997 4 30 Subsection 44-11(1) 5 Insert: 6 child: without limiting who is a child of a person for the purposes 7 of this section and sections 44-7, 44-8 and 44-10, each of the 8 following is the child of a person: 9 (a) a stepchild or an adopted child of the person; 10 (b) someone who would be the stepchild of the person except 11 that the person is not legally married to the person's partner; 12 (c) someone who is the product of a relationship the person has 13 or had as a couple with another person (whether of the same 14 sex or a different sex); 15 (d) someone included in a class of persons specified for the 16 purposes of this paragraph in the Residential Care Subsidy 17 Principles. 18 For the purposes of paragraph (c), someone cannot be the product 19 of a relationship unless he or she is the biological child of at least 20 one of the persons in the relationship or was born to a woman in 21 the relationship. 22 31 Subsection 44-11(1) (paragraph (a) of the definition of 23 close relation) 24 Omit "the father or mother", substitute "a parent". 25 32 Subsection 44-11(1) (at the end of the definition of close 26 relation) 27 Add: 28 Note: See also subsection (5). 29 33 Subsection 44-11(1) (after paragraph (a) of the definition 30 of member of a couple) 31 Insert: Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 101 [Page Break] Part 3 A mend ments commencing on 1 Ju ly 2009 1 (aa) a person whose relationship with another person (whether of 2 the same sex or a different sex) is registered under a law of a 3 State or Territory prescribed for the purposes of section 22B 4 of the Acts Interpretation Act 1901 as a kind of relationship 5 prescribed for the purposes of that section, and who is not 6 living separately and apart from the other person on a 7 permanent basis; or 8 34 Subsection 44-11(1) (paragraph (b) of the definition of 9 member of a couple) 10 Omit "in a marriage-like relationship", substitute "(whether of the same 11 sex or a different sex) in a de facto relationship". 12 35 Subsection 44-11(1) 13 Insert: 14 parent: without limiting who is a parent of a person for the 15 purposes of this section and sections 44-7, 44-8 and 44-10, 16 someone is the parent of a person if the person is his or her child 17 because of the definition of child in this section. 18 36 After subparagraph 44-11(2)(a)(i) 19 Insert: 20 (ia) is covered by subsection (2A) in relation to the young 21 person; or 22 37 After subsection 44-11(2) 23 Insert: 24 (2A) For the purposes of subparagraph (2)(a)(ia), an adult is covered by 25 this subsection in relation to a young person if: 26 (a) the young person is the child of the adult because of 27 paragraph (c) of the definition of child in this section; and 28 (b) the adult is not the biological or adoptive parent of the young 29 person; and 30 (c) there is no order of a court that stops the adult from being 31 legally responsible for the day-to-day care, welfare and 32 development of the young person. 33 38 At the end of section 44-11 102 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Amend ments commencing on 1 July 2009 Part 3 1 Add: 2 (5) For the purposes of paragraph (b) of the definition of close relation 3 in subsection (1), if one person is the child of another person 4 because of the definition of child in this section, relationships 5 traced to or through the person are to be determined on the basis 6 that the person is the child of the other person. 7 39 Subparagraph 67A-4(2)(a)(ii) 8 Omit "a next of kin of such a care recipient, or". 9 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 103 [Page Break] Part 1 Australian Cit izenship Act 2007 1 2 Schedule 10--Immigration and Citizenship 3 Part 1--Australian Citizenship Act 2007 4 1 Section 3 (definition of child) 5 Repeal the definition, substitute: 6 child: without limiting who is a child of a person for the purposes 7 of this Act, each of the following is the child of a person: 8 (a) an adopted child, stepchild or exnuptial child of the person; 9 (b) someone who is the product of a relationship the person has 10 or had as a couple with another person (whether of the same 11 sex or a different sex). 12 For the purposes of paragraph (b), someone cannot be the product 13 of a relationship unless he or she is the biological child of at least 14 one of the persons in the relationship or was born to a woman in 15 the relationship. 16 2 Section 3 (definition of commencement day) 17 After "54", insert "(as originally enacted)". 18 3 Section 3 19 Insert: 20 de facto partner has the meaning given by the Acts Interpretation 21 Act 1901. 22 4 Section 3 23 Insert: 24 stepchild: without limiting who is a stepchild of a person for the 25 purposes of this Act, someone is the stepchild of a person if he or 26 she would be the person's stepchild except that the person is not 27 legally married to the person's de facto partner. 28 5 After subsection 6(1) 29 Insert: 30 (1A) In paragraph (1)(a): 104 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Australian Citizenship Act 2007 Part 1 1 parental responsibility has the same meaning as in Part VII of the 2 Family Law Act 1975. 3 6 Subsection 6(2) 4 Omit "(1)(a), (b)", substitute "(1)(b)". 5 7 Section 8 6 Repeal the section, substitute: 7 8 Children born as a result of artificial conception procedures 8 (1) This section applies if: 9 (a) a child is born to a woman as a result of the carrying out of 10 an artificial conception procedure while the woman: 11 (i) was married to a man (the husband); or 12 (ii) had a de facto partner; and 13 (b) the procedure was carried out with the consent of the 14 husband or de facto partner. 15 (2) The child is taken for the purposes of this Act: 16 (a) to be the child of the woman and the husband or de facto 17 partner; and 18 (b) not to be the child of anyone else. 19 8 Application of amendments affecting sections 3, 6 and 8 20 The amendments of the Australian Citizenship Act 2007 made by this 21 Part, except the amendments of section 22 of that Act, apply in relation 22 to the acquisition or cessation of Australian citizenship on or after the 23 commencement of this Part because of circumstances (including 24 relationships) existing before, on or after that commencement. 25 9 Subsection 22(9) 26 Omit "widow or widower", substitute "de facto partner or surviving 27 spouse or de facto partner". 28 Note: The heading to subsection 22(9) is altered by omitting "widow or widower" and 29 substituting "de facto partner or surviving spouse or de facto partner". 30 10 Paragraph 22(9)(a) 31 After "spouse", insert "or de facto partner". Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 105 [Page Break] Part 1 Australian Cit izenship Act 2007 1 11 Subsection 22(10) 2 Repeal the subsection, substitute: 3 (10) In subsection (9): 4 surviving spouse or de facto partner of a person who has died 5 means a person who was the person's spouse or de facto partner 6 immediately before the person died and who has not later become 7 the spouse or de facto partner of another person. 8 12 Application of amendments of section 22 9 The amendments of section 22 of the Australian Citizenship Act 2007 10 made by this Part apply in relation to applications to become an 11 Australian citizen: 12 (a) that are made on or after the commencement of this Part; or 13 (b) that: 14 (i) were made before the commencement of this Part; and 15 (ii) were applications in relation to which decisions were 16 not made before that commencement to approve, or to 17 refuse to approve, the applicants becoming Australian 18 citizens. 19 106 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Migration Act 1958 Part 2 1 2 Part 2--Migration Act 1958 3 Division 1--Main amendments 4 Migration Act 1958 5 13 Subsection 5(1) 6 Insert: 7 child of a person has a meaning affected by section 5CA. 8 14 Subsection 5(1) 9 Insert: 10 de facto partner has the meaning given by section 5CB. 11 15 Subsection 5(1) (paragraph (a) of the definition of health 12 criterion) 13 Omit "(within the meaning of the regulations)". 14 16 Subsection 5(1) 15 Insert: 16 member of the family unit of a person has the meaning given by 17 the regulations made for the purposes of this definition. 18 17 Subsection 5(1) 19 Insert: 20 member of the same family unit: one person is a member of the 21 same family unit as another if either is a member of the family unit 22 of the other or each is a member of the family unit of a third 23 person. 24 18 Subsection 5(1) 25 Insert: 26 parent: without limiting who is a parent of a person for the 27 purposes of this Act, someone is the parent of a person if the Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 107 [Page Break] Part 2 Mig ration Act 1958 1 person is his or her child because of the definition of child in 2 section 5CA. 3 19 Subsection 5(1) 4 Insert: 5 spouse has the meaning given by section 5F. 6 20 After section 5C 7 Insert: 8 5CA Child of a person 9 (1) Without limiting who is a child of a person for the purposes of this 10 Act, each of the following is the child of a person: 11 (a) an adopted child of the person; 12 (b) someone who is the product of a relationship the person has 13 or had as a couple with another person (whether of the same 14 sex or a different sex). 15 For the purposes of paragraph (b), someone cannot be the product 16 of a relationship unless he or she is the biological child of at least 17 one of the persons in the relationship or was born to a woman in 18 the relationship. 19 (2) The regulations may provide that, for the purposes of this Act, a 20 person specified by the regulations is not a child of another person 21 specified by the regulations in circumstances in which the person 22 would, apart from this subsection, be the child of more than 2 23 persons for the purposes of this Act. 24 (3) Subsection (2), and regulations made for the purposes of that 25 subsection, have effect whether the person specified as not being a 26 child of another person would, apart from that subsection and those 27 regulations, be the child of the other person because of 28 subsection (1) or otherwise. 29 5CB De facto partner 30 De facto partners 31 (1) For the purposes of this Act, a person is the de facto partner of 32 another person (whether of the same sex or a different sex) if, 108 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Migration Act 1958 Part 2 1 under subsection (2), the person is in a de facto relationship with 2 the other person. 3 De facto relationship 4 (2) For the purposes of subsection (1), a person is in a de facto 5 relationship with another person if they are not in a married 6 relationship (for the purposes of section 5F) with each other but: 7 (a) they have a mutual commitment to a shared life to the 8 exclusion of all others; and 9 (b) the relationship between them is genuine and continuing; and 10 (c) they: 11 (i) live together; or 12 (ii) do not live separately and apart on a permanent basis; 13 and 14 (d) they are not related by family (see subsection (4)). 15 (3) The regulations may make provision in relation to the 16 determination of whether one or more of the conditions in 17 paragraphs (2)(a), (b), (c) and (d) exist. The regulations may make 18 different provision in relation to the determination for different 19 purposes whether one or more of those conditions exist. 20 Definition 21 (4) For the purposes of paragraph (2)(d), 2 persons are related by 22 family if: 23 (a) one is the child (including an adopted child) of the other; or 24 (b) one is another descendant of the other (even if the 25 relationship between them is traced through an adoptive 26 parent); or 27 (c) they have a parent in common (who may be an adoptive 28 parent of either or both of them). 29 For this purpose, disregard whether an adoption is declared void or 30 has ceased to have effect. 31 21 After section 5E 32 Insert: Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 109 [Page Break] Part 2 Mig ration Act 1958 1 5F Spouse 2 (1) For the purposes of this Act, a person is the spouse of another 3 person if, under subsection (2), the 2 persons are in a married 4 relationship. 5 (2) For the purposes of subsection (1), persons are in a married 6 relationship if: 7 (a) they are married to each other under a marriage that is valid 8 for the purposes of this Act; and 9 (b) they have a mutual commitment to a shared life as husband 10 and wife to the exclusion of all others; and 11 (c) the relationship between them is genuine and continuing; and 12 (d) they: 13 (i) live together; or 14 (ii) do not live separately and apart on a permanent basis. 15 (3) The regulations may make provision in relation to the 16 determination of whether one or more of the conditions in 17 paragraphs (2)(a), (b), (c) and (d) exist. The regulations may make 18 different provision in relation to the determination for different 19 purposes whether one or more of those conditions exist. 20 Note: Section 12 also affects the determination of whether the condition in 21 paragraph (2)(a) of this section exists. 22 5G Relationships and family me mbers 23 (1) For the purposes of this Act, if one person is the child of another 24 person because of the definition of child in section 5CA, 25 relationships traced to or through that person are to be determined 26 on the basis that the person is the child of the other person. 27 (2) For the purposes of this Act, the members of a person's family and 28 relatives of a person are taken to include the following: 29 (a) a de facto partner of the person; 30 (b) someone who is the child of the person, or of whom the 31 person is the child, because of the definition of child in 32 section 5CA; 33 (c) anyone else who would be a member of the person's family 34 or a relative of the person if someone mentioned in 35 paragraph (a) or (b) is taken to be a member of the person's 36 family or a relative of the person. 110 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Migration Act 1958 Part 2 1 This does not limit who is a member of a person's family or 2 relative of a person. 3 22 Paragraph 36(2)(b) 4 Omit "the spouse or a dependant of", substitute "a member of the same 5 family unit as". 6 23 Subsection 48A(2) (paragraph (ab) of the definition of 7 application for a protection visa) 8 Omit "the spouse or a dependant of", substitute "a member of the same 9 family unit as". 10 24 Application of amendments of sections 36 and 48A 11 The amendments of sections 36 and 48A of the Migration Act 1958 12 made by this Part apply in relation to: 13 (a) applications for visas made on or after the commencement of 14 this Part; and 15 (b) applications for visas made before that commencement and 16 not decided before that commencement. 17 25 Subsection 83(1) 18 After "spouse" (wherever occurring), insert "or de facto partner". 19 Note: The heading to section 83 is altered by inserting ", de facto partner" after "spouse". 20 26 At the end of subsection 83(1) 21 Add: 22 Note: Subsection 5(1) defines de facto partner and spouse. For the purposes 23 of this section, those definitions apply only in relation to visas granted 24 on or after 1 July 2009: see the Same-Sex Relationships (Equal 25 Treatment in Commonwealth Laws--General Law Reform) Act 2008. 26 This section as in force before the amendment of this Act by that Act 27 continues to apply in relation to visas granted before 1 July 2009. 28 27 At the end of subsection 83(2) 29 Add: 30 Note: Subsection 5(1) defines child and parent. For the purposes of this 31 section, those definitions apply only in relation to visas granted on or 32 after 1 July 2009: see the Same-Sex Relationships (Equal Treatment in 33 Commonwealth Laws--General Law Reform) Act 2008. 34 28 Application of amendments affecting section 83 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 111 [Page Break] Part 2 Mig ration Act 1958 1 Amendments of subsection 83(1) 2 (1) The amendments of subsection 83(1) of the Migration Act 1958 made 3 by this Part apply in relation to visas granted on or after the 4 commencement of this Part. 5 Other amendments affecting subsection 83(1) 6 (2) The definitions of de facto partner and spouse in subsection 5(1) and 7 sections 5CB and 5F of the Migration Act 1958 (as amended by this 8 Part) apply for the purposes of the operation of subsection 83(1) in 9 relation to visas granted on or after the commencement of this Part. 10 (3) Subitem (2) does not limit the operation of those definitions in relation 11 to other provisions of that Act. 12 Amendments affecting subsection 83(2) 13 (4) The definitions of child and parent in subsection 5(1) of the Migration 14 Act 1958 (as amended by this Part) apply for the purposes of the 15 operation of subsection 83(2) in relation to visas granted on or after the 16 commencement of this Part. 17 (5) Subitem (4) does not limit the operation of those definitions in relation 18 to other provisions of that Act. 19 29 Subsection 84(3) 20 After "spouse", insert ", de facto partner". 21 30 Paragraph 84(5)(a) 22 Repeal the paragraph, substitute: 23 (a) does not have a spouse or de facto partner; and 24 31 Subsection 87(1) 25 After "spouse", insert ", de facto partner". 26 32 Paragraph 87(2)(a) 27 Repeal the paragraph, substitute: 28 (a) does not have a spouse or de facto partner; and 29 33 Application of amendments affecting sections 84 and 87 112 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Migration Act 1958 Part 2 1 (1) The definition of child in subsection 5(1) of the Migration Act 1958 (as 2 amended by this Part) applies for the purposes of the operation of 3 sections 84 and 87 of that Act in relation to: 4 (a) applications for visas that are made on or after the 5 commencement of this Part; and 6 (b) applications for visas that were made before the 7 commencement of this Part and were not finally determined 8 before that commencement. 9 (2) Subitem (1) does not limit the operation of that definition in relation to 10 other provisions of that Act. 11 (3) The amendments of sections 84 and 87 of the Migration Act 1958 made 12 by this Part apply in relation to: 13 (a) applications for visas that are made on or after the 14 commencement of this Part; and 15 (b) applications for visas that were made before the 16 commencement of this Part and were not finally determined 17 before that commencement. 18 34 At the end of section 91S 19 Add: 20 Note: Section 5G may be relevant for determining family relationships for 21 the purposes of this section. 22 35 Subsection 134(10) (definition of member of the family 23 unit) 24 Repeal the definition. 25 36 Subsection 137T(3) 26 Repeal the subsection. 27 37 Subsection 140(1) 28 Omit "(within the meaning of the regulations)". 29 38 At the end of subsection 192(7) 30 Add: 31 Note: Section 5G may be relevant for determining relationships for the 32 purposes of paragraph (7)(b). Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 113 [Page Break] Part 2 Mig ration Act 1958 1 39 Subsections 199(1) and (2) and 205(1) and (2) 2 After "spouse" (wherever occurring), insert "or de facto partner". 3 40 Paragraphs 211(1)(a) and (2)(a) 4 Omit "the spouses of each other within the meaning of the regulations", 5 substitute "spouses or de facto partners of each other". 6 Note: The heading to section 211 is altered by inserting ", de facto partners" after "spouses". 7 41 Subparagraph 211(3)(b)(i) 8 Omit "spouse within the meaning of the regulations", substitute "spouse 9 or de facto partner". 10 42 Subparagraph 211(3)(b)(ii) 11 Omit "such a spouse", substitute "a spouse, or a de facto partner,". 12 43 Application of amendments of section 211 13 The amendments of section 211 of the Migration Act 1958 made by this 14 Part apply in relation to detention starting on or after the 15 commencement of this Part. 16 44 Paragraphs 212(1)(a) and (2)(a) 17 Omit "the spouses of each other within the meaning of the regulations", 18 substitute "spouses or de facto partners of each other". 19 Note: The heading to section 212 is altered by inserting ", de facto partners" after "spouses". 20 45 Subparagraph 212(3)(b)(i) 21 Omit "spouse within the meaning of the regulations", substitute "spouse 22 or de facto partner". 23 46 Subparagraph 212(3)(b)(ii) 24 Omit "such a spouse", substitute "a spouse, or a de facto partner,". 25 47 Application of amendments of section 212 26 The amendments of section 212 of the Migration Act 1958 made by this 27 Part apply in relation to removal and deportation on or after the 28 commencement of this Part. 29 48 Paragraph 237(a) 114 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Migration Act 1958 Part 2 1 Omit "married to, or is the de facto spouse of, and has a genuine and 2 continuing marital relationship", substitute "the spouse or de facto 3 partner of, and has a genuine and continuing relationship, involving a 4 shared life to the exclusion of all others". 5 49 Paragraph 237(b) 6 Repeal the paragraph. 7 50 Subparagraphs 237(c)(i), (ii) and (iii) 8 Repeal the subparagraphs, substitute: 9 (i) entering into a married relationship that is not intended 10 to be a genuine and continuing relationship involving a 11 shared life to the exclusion of all others; or 12 (ii) pretending to be a de facto partner of another person. 13 51 Section 238 (definition of interdependency relationship) 14 Repeal the definition. 15 52 Subsection 241(1) 16 Omit "de facto spouses of each other for the purposes of the 17 regulations", substitute "de facto partners of each other". 18 53 Subsection 241(1) 19 Omit "such spouses" (wherever occurring), substitute "such de facto 20 partners". 21 54 Section 242 22 Repeal the section. 23 55 Subsection 243(1) 24 Omit "married to, or being, for the purposes of the regulations, the 25 de facto spouse of,", substitute "the spouse or de facto partner of". 26 56 Subsection 243(1) 27 Omit "genuine and continuing marital relationship", substitute "married 28 relationship (within the meaning of subsection 5F(2)) or de facto 29 relationship (within the meaning of subsection 5CB(2)), as appropriate". 30 57 Subsection 243(3) Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 115 [Page Break] Part 2 Mig ration Act 1958 1 Omit "married to, or being, for the purposes of the regulations, the 2 de facto spouse of,", substitute "the spouse or de facto partner of". 3 58 Subsection 243(3) 4 Omit "genuine and continuing marital relationship", substitute "married 5 relationship (within the meaning of subsection 5F(2)) or de facto 6 relationship (within the meaning of subsection 5CB(2)), as appropriate". 7 59 Section 244 8 Repeal the section. 9 60 Paragraph 245(1)(a) 10 Omit "have a genuine and continuing marital relationship between 11 them", substitute "are in a married relationship (within the meaning of 12 subsection 5F(2))". 13 61 Paragraphs 245(1)(b) and (c) 14 Repeal the paragraphs, substitute: 15 (b) whether or not other persons are in a de facto relationship 16 (within the meaning of subsection 5CB(2)) with one another; 17 62 Paragraph 245(3)(a) 18 Omit "have a genuine and continuing marital relationship between 19 them", substitute "are in a married relationship (within the meaning of 20 subsection 5F(2))". 21 63 Paragraphs 245(3)(b) and (c) 22 Repeal the paragraphs, substitute: 23 (b) whether or not other persons are in a de facto relationship 24 (within the meaning of subsection 5CB(2)) with one another; 25 64 Application of amendments of Subdivision B of 26 Division 12 of Part 2 27 The amendments of Subdivision B of Division 12 of Part 2 of the 28 Migration Act 1958 made by this Part apply in relation to visas applied 29 for on or after the commencement of this Part. 30 65 Paragraph 338(6)(c) 31 After "spouse,", insert "de facto partner,". 116 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Migration Act 1958 Part 2 1 66 At the end of subsection 338(6) 2 Add: 3 Note: Section 5G may be relevant for determining family relationships for 4 the purposes of this subsection. 5 67 Paragraph 338(7)(b) 6 After "spouse,", insert "de facto partner,". 7 68 At the end of subsection 338(7) 8 Add: 9 Note: Section 5G may be relevant for determining family relationships for 10 the purposes of this subsection. 11 69 Application of amendments of section 338 12 The amendments of section 338 of the Migration Act 1958 made by this 13 Part apply to decisions made on or after the commencement of this Part. 14 70 At the end of subsection 347(2) 15 Add: 16 Note: Section 5G may be relevant for determining family relationships for 17 the purposes of paragraph (2)(c). 18 71 At the end of subsection 431(2) 19 Add: 20 Note: Section 5G may be relevant for determining relationships for the 21 purposes of this subsection. 22 72 Subsection 492(2) 23 Omit ", 243 or 244", substitute "or 243". 24 73 At the end of subsection 501K(2) 25 Add: 26 Note: Section 5G may be relevant for determining relationships for the 27 purposes of this subsection. 28 74 Subsection 507(1) 29 Omit "married or being the de facto spouse", substitute "the spouse or 30 de facto partner". Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 117 [Page Break] Part 2 Mig ration Act 1958 1 75 Paragraph 507(1)(a) 2 Omit "de facto spouse", substitute "de facto partner". 3 Division 2--Consequential amendment 4 Australian Citizenship Act 2007 5 76 Subparagraph 34(6)(a)(i) 6 Omit ", 243 or 244", substitute "or 243, or former section 244 (as in 7 force before its repeal by the Same-Sex Relationships (Equal Treatment 8 in Commonwealth Laws--General Law Reform) Act 2008),". 9 118 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Immigration (Education) Act 1971 Part 3 1 2 Part 3--Immigration (Education) Act 1971 3 77 Section 3 4 Insert: 5 child of a person has the same meaning as in the Migration Act. 6 78 Section 3 7 Insert: 8 parent of a person has the same meaning as in the Migration Act. 9 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 119 [Page Break] Part 4 Immig ration (Guardianship of Children) Act 1946 1 2 Part 4--Immigration (Guardianship of Children) Act 3 1946 4 79 Section 4 5 Insert: 6 parent: without limiting who is a parent of anyone for the purposes 7 of this Act, a person is the parent of another person if the other 8 person is the product of a relationship the person has or had as a 9 couple with a third person (whether of the same sex or a different 10 sex). For this purpose, the other person cannot be the product of the 11 relationship unless he or she is the biological child of at least one 12 of the person and the third person or was born to a woman in the 13 relationship. 14 80 Section 4 15 Insert: 16 relative of a person includes: 17 (a) a parent of the person; and 18 (b) anyone who is a step-parent of the person or would be except 19 that he or she is not legally married to his or her de facto 20 partner (within the meaning of the Acts Interpretation Act 21 1901); and 22 (c) anyone else who would be a relative of the person if someone 23 mentioned in paragraph (a) or (b) were a relative of the 24 person. 25 81 Section 6 26 Omit "father and mother", substitute "parents". 27 82 Application 28 The amendments made by this Part apply in relation to persons under 18 29 who enter Australia on or after commencement. 30 120 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Carriers' liability amend ments (general) Part 1 1 2 Schedule 11--Infrastructure, Transport, 3 Regional Development and Local 4 Government 5 Part 1--Carriers' liability amendments (general) 6 Civil Aviation (Carriers' Liability) Act 1959 7 1 Paragraph 5(2)(a) 8 Omit "de facto spouse", substitute "de facto partner". 9 2 Paragraph 5(3)(c) 10 Repeal the paragraph, substitute: 11 (c) relationships of child and parent that arise because of the 12 definitions of child and parent in this section; and 13 (d) relationships traced through relationships referred to in 14 paragraphs (a), (b) and (c). 15 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 121 [Page Break] Part 2 Carriers' liability amendments if Montreal Convention amendment s commence earlier 1 2 Part 2--Carriers' liability amendments if Montreal 3 Convention amendments commence earlier 4 Civil Aviation (Carriers' Liability) Act 1959 5 3 Subsection 5(1) 6 Insert: 7 child: without limiting who is a child of a person for the purposes 8 of this Act, someone is the child of a person if he or she 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, someone cannot be the product of a relationship 12 unless he or she is the biological child of at least one of the persons 13 in the relationship or was born to a woman in the relationship. 14 4 Subsection 5(1) 15 Insert: 16 de facto partner of a person has the meaning given by the Acts 17 Interpretation Act 1901. 18 5 Subsection 5(1) 19 Insert: 20 parent: without limiting who is a parent of a person for the 21 purposes of this Act, someone is the parent of a person if the 22 person is his or her child because of the definition of child in this 23 section. 24 6 Subsection 5(1) 25 Insert: 26 stepchild: without limiting who is a stepchild of a person for the 27 purposes of this Act, someone who is a child of a de facto partner 28 of the person is the stepchild of the person, if he or she would be 29 the person's stepchild except that the person is not legally married 30 to the partner. 122 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Carriers' liability amend ments if Montreal Convention amend ments commence earlier Part 2 1 7 Subsection 5(1) 2 Insert: 3 step-parent: without limiting who is a step-parent of a person for 4 the purposes of this Act, someone who is a de facto partner of a 5 parent of the person is the step-parent of the person, if he or she 6 would be the person's step-parent except that he or she is not 7 legally married to the person's parent. 8 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 123 [Page Break] Part 3 Carriers' liability amendments if Montreal Convention amendments commence later 1 2 Part 3--Carriers' liability amendments if Montreal 3 Convention amendments commence later 4 Civil Aviation (Carriers' Liability) Act 1959 5 8 Section 5 6 Insert: 7 child: without limiting who is a child of a person for the purposes 8 of this Act, someone is the child of a person if he or she 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, someone cannot be the product of a relationship 12 unless he or she is the biological child of at least one of the persons 13 in the relationship or was born to a woman in the relationship. 14 9 Section 5 15 Insert: 16 de facto partner of a person has the meaning given by the Acts 17 Interpretation Act 1901. 18 10 Section 5 19 Insert: 20 parent: without limiting who is a parent of a person for the 21 purposes of this Act, someone is the parent of a person if the 22 person is his or her child because of the definition of child in this 23 section. 24 11 Section 5 25 Insert: 26 stepchild: without limiting who is a stepchild of a person for the 27 purposes of this Act, someone who is a child of a de facto partner 28 of the person is the stepchild of the person, if he or she would be 29 the person's stepchild except that the person is not legally married 30 to the partner. 124 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Carriers' liability amend ments if Montreal Convention amend ments commence later Part 3 1 12 Section 5 2 Insert: 3 step-parent: without limiting who is a step-parent of a person for 4 the purposes of this Act, someone who is a de facto partner of a 5 parent of the person is the step-parent of the person, if he or she 6 would be the person's step-parent except that he or she is not 7 legally married to the person's parent. 8 13 Subsection 12(5) 9 Repeal the subsection, substitute: 10 (5) A reference in subsection (3) to the members of the passenger's 11 family is taken to be a reference to the wife or husband, de facto 12 partner, parents, step-parents, grandparents, brothers, sisters, 13 half-brothers, half-sisters, children, step-children and grandchildren 14 of the passenger. For this purpose, relationships are taken to 15 include: 16 (a) ex-nuptial relationships; 17 (b) relationships by adoption; 18 (c) relationships of child and parent that arise because of the 19 definitions of child and parent in section 5; 20 (d) relationships traced through relationships referred to in 21 paragraphs (a), (b) and (c). 22 14 Subsection 35(5) 23 Repeal the subsection, substitute: 24 (5) A reference in subsection (3) to the members of the passenger's 25 family is taken to be a reference to the wife or husband, de facto 26 partner, parents, step-parents, grandparents, brothers, sisters, 27 half-brothers, half-sisters, children, step-children and grandchildren 28 of the passenger. For this purpose, relationships are taken to 29 include: 30 (a) ex-nuptial relationships; 31 (b) relationships by adoption; 32 (c) relationships of child and parent that arise because of the 33 definitions of child and parent in section 5; 34 (d) relationships traced through relationships referred to in 35 paragraphs (a), (b) and (c). 36 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 125 [Page Break] Part 4 Other amendments 1 2 Part 4--Other amendments 3 Airports Act 1996 4 15 Clause 2 of the Schedule 5 Before "In Part 3", insert "(1)". 6 16 Clause 2 of the Schedule 7 Insert: 8 child: without limiting who is a child of a person for the purposes 9 of Part 3 and this Schedule, someone is the child of a person if he 10 or she is the product of a relationship the person has or had as a 11 couple with another person (whether of the same sex or a different 12 sex). For this purpose, someone cannot be the product of a 13 relationship unless he or she is the biological child of at least one 14 of the persons in the relationship or was born to a woman in the 15 relationship. 16 17 Clause 2 of the Schedule 17 Insert: 18 parent: without limiting who is a parent of a person for the 19 purposes of Part 3 and this Schedule, someone is the parent of a 20 person if the person is his or her child because of the definition of 21 child in this clause. 22 18 Clause 2 of the Schedule (paragraph (b) of the definition 23 of relative) 24 Repeal the paragraph, substitute: 25 (b) a de facto partner of the person within the meaning of the 26 Acts Interpretation Act 1901; or 27 19 Clause 2 of the Schedule (paragraph (d) of the definition 28 of relative) 29 Omit "son, daughter", substitute "child". 126 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Other amend ments Part 4 1 20 Clause 2 of the Schedule (at the end of the definition of 2 relative) 3 Add: 4 Note: See also subclause (2). 5 21 At the end of clause 2 of the Schedule 6 Add: 7 (2) For the purposes of paragraphs (c), (d) and (e) of the definition of 8 relative in subclause (1), if one person is the child of another 9 person because of the definition of child in that subclause, 10 relationships traced to or through the person are to be determined 11 on the basis that the person is the child of the other person. 12 22 Transitional provision 13 Unacceptable foreign-ownership situation 14 (1) For the purposes of sections 42 and 43 of the Airports Act 1996, if: 15 (a) apart from this subitem, an unacceptable foreign-ownership 16 situation would exist in relation to an airport-operator 17 company on the day on which the amendments of that Act 18 made by this Schedule commence; and 19 (b) the situation would exist only because of the amendments; 20 the situation is, during the period of 6 months starting on the day on 21 which the amendments commence, taken not to exist for so long as it 22 would otherwise have existed. 23 Unacceptable airline-ownership situation 24 (2) For the purposes of sections 46 and 47 of the Airports Act 1996, if: 25 (a) apart from this subitem, an unacceptable airline-ownership 26 situation would exist in relation to an airport-operator 27 company on the day on which the amendments of that Act 28 made by this Schedule commence; and 29 (b) the situation would exist only because of the amendments; 30 the situation is, during the period of 6 months starting on the day on 31 which the amendments commence, taken not to exist for so long as it 32 would otherwise have existed. Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 127 [Page Break] Part 4 Other amendments 1 Unacceptable cross-ownership situation 2 (3) For the purposes of sections 52 and 53 of the Airports Act 1996, if: 3 (a) apart from this subitem, an unacceptable cross-ownership 4 situation would exist in relation to a pair of airport-operator 5 companies on the day on which the amendments of that Act 6 made by this Schedule commence; and 7 (b) the situation would exist only because of the amendments; 8 the situation is, during the period of 6 months starting on the day on 9 which the amendments commence, taken not to exist for so long as it 10 would otherwise have existed. 11 Practical control of an airport-operator company 12 (4) If: 13 (a) the Minister administering the Airports Act 1996 is satisfied, 14 for the purposes of subparagraph 55(1)(a)(ii) of that Act, that 15 a person was in a position to exercise control over an 16 airport-operator company on the day on which the 17 amendments of that Act made by this Schedule commenced; 18 and 19 (b) the person was in that position on that day only because of 20 the amendments; 21 the Minister must not make a declaration under section 55 of that Act in 22 relation to that person and that company during the period of 6 months 23 starting on the day on which the amendments commence. 24 Record-keeping 25 (5) If: 26 (a) on the day on which the amendments of the Airports Act 27 1996 made by this Schedule commence, a person would, 28 apart from this subitem, be required by regulations made for 29 the purposes of section 60 of that Act to do something in 30 relation to an ownership matter; and 31 (b) the person would not have been required to do that thing if 32 the amendments had not been made; 33 the person is, during the period of 6 months starting on the day on 34 which the amendments commence, taken not to be required to do that 35 thing for so long as the person would otherwise have been required to 36 do that thing. 128 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Other amend ments Part 4 1 Navigation Act 1912 2 23 Subsection 6(1) 3 Insert: 4 child: without limiting who is a child of a person for the purposes 5 of this Act, someone is the child of a person if he or she is the 6 product of a relationship the person has or had as a couple with 7 another person (whether of the same sex or a different sex). For 8 this purpose, someone cannot be the product of a relationship 9 unless he or she is the biological child of at least one of the persons 10 in the relationship or was born to a woman in the relationship. 11 24 Subsection 6(1) 12 Insert: 13 de facto partner of a person has the meaning given by the Acts 14 Interpretation Act 1901. 15 25 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 26 Subsection 6(1) 22 Insert: 23 stepchild: without limiting who is a stepchild of a person for the 24 purposes of this Act, someone who is a child of a de facto partner 25 of the person is the stepchild of the person, if he or she would be 26 the person's stepchild except that the person is not legally married 27 to the partner. 28 27 At the end of section 6 29 Add: 30 (8) For the purposes of this Act, members of a person's family are 31 taken to include the following (without limitation): Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 129 [Page Break] Part 4 Other amendments 1 (a) a de facto partner of the person; 2 (b) someone who is the child of the person, or of whom the 3 person is the child, because of the definition of child in this 4 section; 5 (c) anyone else who would be a member of the person's family 6 because someone mentioned in paragraph (a) or (b) is taken 7 to be a member of the person's family. 8 28 At the end of subsection 7(1) 9 Add: 10 Note: In relation to subparagraph (1)(d)(i), see also subsection 6(8). 11 29 Subparagraph 70(1)(a)(i) 12 After "husband,", insert "de facto partner,". 13 30 At the end of section 70 14 Add: 15 (5) For the purposes of subparagraph (1)(a)(i), if one person is the 16 child of another person because of the definition of child in this 17 Act, relationships traced to or through the person are to be 18 determined on the basis that the person is the child of the other 19 person. 20 31 At the end of subsection 127(1) 21 Add: 22 Note: In relation to paragraph (1)(f), see also subsection 6(8). 23 32 Subparagraph 156(1)(b)(i) 24 Omit "be the widow, the widower or", substitute "to have been the 25 deceased's spouse or de facto partner immediately before the 26 deceased's death, to be". 27 33 Application of amendment of section 156 28 The amendment of section 156 of the Navigation Act 1912 made by this 29 Schedule applies in relation to a seaman who dies on or after the 30 commencement of the amendment. 31 34 Paragraph 157(1)(b) 130 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Other amend ments Part 4 1 Omit "related to the testator by blood or marriage", substitute "a relative 2 of the testator". 3 35 At the end of section 157 4 Add: 5 (3) The reference in paragraph (1)(b) to a relative of the testator 6 includes a reference to the following (without limitation): 7 (a) a de facto partner of the testator; 8 (b) someone who is the child of the testator, or of whom the 9 testator is the child, because of the definition of child in 10 section 6; 11 (c) anyone else who would be a relative of the testator because 12 someone mentioned in paragraph (a) or (b) is taken to be a 13 relative of the testator. 14 36 Application of amendments of section 157 15 The amendments of section 157 of the Navigation Act 1912 made by 16 this Schedule apply in relation to wills made on or after the 17 commencement of the amendments. 18 37 Subsection 158(6) 19 Omit "as widow, widower,", substitute "who was the deceased's spouse 20 or de facto partner immediately before the deceased's death, or who is 21 the deceased's". 22 38 Subsection 158(7) 23 Omit ", as widow, widower,", substitute "who was the deceased's 24 spouse or de facto partner immediately before the deceased's death, or 25 who is the deceased's". 26 39 At the end of section 158 27 Add: 28 (8) In determining for the purposes of subsections (6) and (7) whether 29 a person is next-of-kin of another person, the following persons are 30 also to be taken into account: 31 (a) someone who is the child of the person, or of whom the 32 person is the child, because of the definition of child in this 33 Act; Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 131 [Page Break] Part 4 Other amendments 1 (b) anyone else who would be a relative of the person because 2 someone mentioned in paragraph (a) is taken into account. 3 40 Application of amendments of section 158 4 The amendments of section 158 of the Navigation Act 1912 made by 5 this Schedule apply in relation to a seaman who dies on or after the 6 commencement of the amendments. 7 41 Subsection 161(1) 8 After "husband,", insert "de facto partner,". 9 132 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] 1 2 Schedule 12--Innovation, Industry, Science 3 and Research 4 5 Pooled Development Funds Act 1992 6 1 Subsection 4(1) (definition of de facto spouse) 7 Repeal the definition. 8 2 Subsection 31(2) (paragraph (a) of the definition of 9 associate) 10 Omit "(including a person who is such a relation by adoption)". 11 3 Subsection 31(2) (paragraph (b) of the definition of 12 associate) 13 Omit "de facto spouse", substitute "de facto partner". 14 4 Subsection 31(2) 15 Insert: 16 child: without limiting who is a child of a person for the purposes 17 of this section, 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 5 Subsection 31(2) 24 Insert: 25 de facto partner has the meaning given by the Acts Interpretation 26 Act 1901. 27 6 Subsection 31(2) 28 Insert: 29 parent: without limiting who is a parent of a person for the 30 purposes of this Act, someone is the parent of a person if the Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 133 [Page Break] 1 person is his or her child because of the definition of child in this 2 section. 3 7 After subsection 31(2A) 4 Insert: 5 (2AA) For the purposes of paragraph (a) of the definition of associate in 6 subsection (2), if one person is the child of another person because 7 of adoption or because of the definition of child in this section, 8 relationships traced to or through the person are to be determined 9 on the basis that the person is the child of the other person. 10 8 Transitional 11 (1) This item applies if: 12 (a) on the commencement of the amendments made by this 13 Schedule, a person holds shares in a PDF (the initial shares); 14 and 15 (b) the person would, but for this item, contravene section 31 of 16 the Pooled Development Funds Act 1992 only because of one 17 or more of those amendments. 18 (2) Subject to subitem (4), disregard the person's continued holding of the 19 initial shares in the PDF on and after that commencement when 20 applying that section as then in force to the person and the person's 21 associates. 22 (3) If, after that commencement, any bonus shares in the PDF are issued to 23 the person because the person is the holder of the initial shares, then, 24 subject to subitem (4), disregard the person's holding of those bonus 25 shares when applying that section as then in force to the person and the 26 person's associates. 27 (4) If, after that commencement, the person, or any of the person's 28 associates, acquires additional shares (other than bonus shares) in the 29 PDF, the initial shares and the bonus shares are to be taken into account 30 in determining whether the acquisition of those additional shares 31 complies with that section as then in force. 32 134 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] 1 2 Schedule 13--Prime Minister and Cabinet 3 4 Privacy Act 1988 5 1 At the end of section 6 6 Add: 7 (10) For the purposes of this Act, a reference to family in the definition 8 of credit in subsection 6(1), and in sections 6D and 16E, in relation 9 to any individual is taken to include the following (without 10 limitation): 11 (a) a de facto partner of the individual (within the meaning of the 12 Acts Interpretation Act 1901); 13 (b) someone who is the child of the person, or of whom the 14 person is the child, because of the definition of child in 15 subsection (11); 16 (c) anyone else who would be a member of the individual's 17 family if someone mentioned in paragraph (a) or (b) is taken 18 to be a member of the individual's family. 19 (11) In this section: 20 child: without limiting who is a child of a person for the purposes 21 of subsection (10), someone is the child of a person if he or she is 22 the product of a relationship the person has or had as a couple with 23 another person (whether of the same sex or a different sex). For 24 this purpose, someone cannot be the product of a relationship 25 unless he or she is the biological child of at least one of the persons 26 in the relationship or was born to a woman in the relationship. 27 2 Paragraph 2.5(c) of Schedule 3 28 Omit "de facto spouse", substitute "de facto partner". 29 3 Subclause 2.6 of Schedule 3 (definition of child) 30 Repeal the definition, substitute: 31 child: without limiting who is a child of an individual for the 32 purposes of this clause, each of the following is the child of an 33 individual: Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 135 [Page Break] 1 (a) an adopted child, stepchild, exnuptial child or foster child of 2 the individual; and 3 (b) someone who is the product of a relationship the individual 4 has or had as a couple with another individual (whether of the 5 same sex or a different sex). 6 For the purposes of paragraph (b), someone cannot be the product 7 of a relationship unless he or she is the biological child of at least 8 one of the individuals in the relationship or was born to a woman 9 in the relationship. 10 4 Subclause 2.6 of Schedule 3 11 Insert: 12 de facto partner has the meaning given by the Acts Interpretation 13 Act 1901. 14 5 Subclause 2.6 of Schedule 3 (definition of parent) 15 Repeal the definition, substitute: 16 parent: without limiting who is a parent of an individual for the 17 purposes of this clause, someone is the parent of an individual if 18 the individual is his or her child because of the definition of child 19 in this subclause. 20 6 Subclause 2.6 of Schedule 3 21 Insert: 22 stepchild: without limiting who is a stepchild of an individual for 23 the purposes of this clause, someone is the stepchild of an 24 individual if he or she would be the individual's stepchild except 25 that the individual is not legally married to the individual's de facto 26 partner. 27 7 At the end of clause 2 of Schedule 3 28 Add: 29 2.7 For the purposes of the definition of relative in subclause 2.6, 30 relationships to an individual may also be traced to or through 31 another individual who is: 32 (a) a de facto partner of the first individual; or 136 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] 1 (b) the child of the first individual because of the definition of 2 child in that subclause. 3 2.8 For the purposes of the definition of sibling in subclause 2.6, an 4 individual is also a sibling of another individual if a relationship 5 referred to in that definition can be traced through a parent of either 6 or both of them. 7 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 137 [Page Break] Part 1 A mend ment of tax laws 1 2 Schedule 14--Treasury 3 Part 1--Amendment of tax laws 4 A New Tax System (Medicare Levy Surcharge--Fringe 5 Benefits) Act 1999 6 1 Subsection 7(1) 7 Repeal the subsection, substitute: 8 De facto couples treated as if married 9 (1) This Act applies to 2 persons (whether of the same sex or different 10 sexes) as if they were married to each other for a period if: 11 (a) their relationship is registered for the period under a law of a 12 State or Territory prescribed for the purposes of section 22B 13 of the Acts Interpretation Act 1901 as a kind of relationship 14 prescribed for the purposes of that section; or 15 (b) they lived together in a relationship as a couple on a genuine 16 domestic basis for the period, although not legally married to 17 each other. 18 (1A) If, during the period, either or both of the persons was legally 19 married to another person, or in a relationship mentioned in 20 paragraph (1)(a) with another person, this Act applies as if the 21 person or persons were not legally married to, or in a relationship 22 mentioned in paragraph (1)(a) with, the other person. 23 2 Application of amendment of the A New Tax System 24 (Medicare Levy Surcharge--Fringe Benefits) Act 1999 25 The amendment of the A New Tax System (Medicare Levy Surcharge-- 26 Fringe Benefits) Act 1999 made by this Schedule applies to the 27 2009-2010 year of income and later years of income. 28 Fringe Benefits Tax Assessment Act 1986 29 3 At the end of section 58V 30 Add: 138 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Amend ment of tax laws Part 1 1 Note: Section 960-255 of the Income Tax Assessment Act 1997 may be 2 relevant to determining who a person's relatives are for the purposes 3 of paragraphs (b) and (c). 4 4 Subsection 136(1) (at the end of paragraph (h) of the 5 definition of fringe benefit) 6 Add: 7 Note: Section 960-255 of the Income Tax Assessment Act 1997 may be 8 relevant to determining who a person's relatives are for the 9 purposes of paragraph (h). 10 5 Subsection 136(1) 11 Insert: 12 parent has the meaning given by subsection 995-1(1) of the 13 Income Tax Assessment Act 1997. 14 6 Application of amendments of the Fringe Benefits Tax 15 Assessment Act 1986 16 The amendments of the Fringe Benefits Tax Assessment Act 1986 made 17 by this Schedule apply in relation to the FBT year starting on 1 April 18 2009 and later FBT years. 19 Income Tax Assessment Act 1936 20 7 Subsection 6(1) 21 Insert: 22 parent has the meaning given by subsection 995-1(1) of the 23 Income Tax Assessment Act 1997. 24 8 At the end of subsection 24D(7) 25 Add: 26 Note: Section 960-255 of the Income Tax Assessment Act 1997 may be 27 relevant to determining family relationships for the purposes of 28 subsection (7). 29 9 At the end of subsection 24F(4) 30 Add: Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 139 [Page Break] Part 1 A mend ment of tax laws 1 Note: Section 960-255 of the Income Tax Assessment Act 1997 may be 2 relevant to determining family relationships for the purposes of 3 subsection (4). 4 10 At the end of subsection 24G(3) 5 Add: 6 Note: Section 960-255 of the Income Tax Assessment Act 1997 may be 7 relevant to determining family relationships for the purposes of 8 subsection (3). 9 11 At the end of subsection 24M(1) 10 Add: 11 Note: Section 960-255 of the Income Tax Assessment Act 1997 may be 12 relevant to determining family relationships for the purposes of 13 paragraph (1)(a). 14 12 At the end of subsection 24M(2) 15 Add: 16 Note: Section 960-255 of the Income Tax Assessment Act 1997 may be 17 relevant to determining family relationships for the purposes of 18 paragraph (2)(a). 19 13 Subsection 73AA(1) (table item 3) 20 After "Marriage", insert "or relationship". 21 14 Subsection 100A(13) (at the end of the definition of 22 agreement) 23 Add: 24 Note: Section 960-255 of the Income Tax Assessment Act 1997 may be 25 relevant to determining family relationships for the purposes of the 26 definition of agreement. 27 15 Section 102AAB (definition of de facto marriage) 28 Repeal the definition. 29 16 Section 102AAB 30 Insert: 31 de facto relationship means: 32 (a) a relationship between 2 persons (whether of the same sex or 33 different sexes) that is registered under a law of a State or 140 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Amend ment of tax laws Part 1 1 Territory prescribed for the purposes of section 22B of the 2 Acts Interpretation Act 1901 as a kind of relationship 3 prescribed for the purposes of that section; or 4 (b) a relationship between 2 persons (whether of the same sex or 5 different sexes) who, although not legally married to each 6 other, live with each other on a genuine domestic basis in a 7 relationship as a couple. 8 17 Subparagraph 102AAH(1)(a)(i) 9 After "post-marital", insert "or post-relationship". 10 18 Subsection 102AAH(2) 11 After "post-marital", insert "or post-relationship". 12 19 Subparagraph 102AAH(2)(a)(ii) 13 Omit "de facto marriage", substitute "de facto relationship". 14 20 At the end of subsection 102AAH(3) 15 Add: 16 Note: Section 960-255 of the Income Tax Assessment Act 1997 may be 17 relevant to determining relationships for the purposes of 18 subparagraph (3)(a)(iii). 19 21 Paragraph 102AGA(2)(a) 20 Omit "on a genuine domestic basis (whether or not legally married to 21 that person)". 22 22 Subparagraph 102AGA(2)(b)(i) 23 Omit "natural". 24 23 Subparagraphs 102AGA(2)(b)(ii) and (iii) 25 Repeal the subparagraphs. 26 24 Paragraph 102AGA(2)(c) 27 Omit "on a genuine domestic basis". 28 25 Paragraph 102AGA(3)(a) 29 Omit "natural". Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 141 [Page Break] Part 1 A mend ment of tax laws 1 26 Paragraph 102AGA(3)(a) 2 Omit "on a genuine domestic basis (whether or not legally married)". 3 27 Paragraph 102AGA(3)(b) 4 Omit "natural". 5 28 Paragraph 102AGA(3)(c) 6 Omit "natural" (wherever occurring). 7 29 Section 109ZD (definition of family law obligation) 8 Omit "(c),". 9 30 Subsection 124PA(1) (table item 3) 10 After "Marriage", insert "or relationship". 11 31 Subsection 159J(6) (at the end of the definition of invalid 12 relative) 13 Add: 14 Note: Section 960-255 of the Income Tax Assessment Act 1997 may be 15 relevant to determining relationships for the purposes of the definition 16 of invalid relative. 17 32 At the end of section 177D 18 Add: 19 Note: Section 960-255 of the Income Tax Assessment Act 1997 may be 20 relevant to determining family relationships for the purposes of 21 subparagraphs (b)(vi) and (viii). 22 33 Subsection 251R(2) 23 Repeal the subsection, substitute: 24 (2) If, during any period, 2 persons (whether of the same sex or 25 different sexes): 26 (a) had a relationship that was registered under a law of a State 27 or Territory prescribed for the purposes of section 22B of the 28 Acts Interpretation Act 1901 as a kind of relationship 29 prescribed for the purposes of that section; or 30 (b) lived together in a relationship as a couple on a genuine 31 domestic basis, although not legally married to each other; 142 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Amend ment of tax laws Part 1 1 this Part and any Act imposing levy has effect in relation to the 2 period as if the persons were married to each other. 3 (2A) If, during the period, either or both of the persons was legally 4 married to another person, or in a relationship mentioned in 5 paragraph (2)(a) with another person, this Part and any Act 6 imposing levy has effect as if the person or persons were not 7 legally married to, or in a relationship mentioned in 8 paragraph (2)(a) with, the other person or persons. 9 34 At the end of subsection 251U(1) 10 Add: 11 Note: Section 960-255 of the Income Tax Assessment Act 1997 may be 12 relevant to determining family relationships for the purposes of 13 subparagraph (1)(e)(iii). 14 35 Subsection 317(1) (definition of de facto marriage) 15 Repeal the definition. 16 36 Subsection 317(1) 17 Insert: 18 de facto relationship means: 19 (a) a relationship between 2 persons (whether of the same sex or 20 different sexes) that is registered under a law of a State or 21 Territory prescribed for the purposes of section 22B of the 22 Acts Interpretation Act 1901 as a kind of relationship 23 prescribed for the purposes of that section; or 24 (b) a relationship between 2 persons (whether of the same sex or 25 different sexes) who, although not legally married to each 26 other, live with each other on a genuine domestic basis in a 27 relationship as a couple. 28 37 Subsection 318(7) 29 Repeal the subsection, substitute: 30 (7) In this section and any other provision of this Act that has effect 31 for the purposes of this section, a reference to the spouse of a 32 person does not include: 33 (a) a spouse who is legally married to the person but living 34 separately and apart from the person on a permanent basis; or Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 143 [Page Break] Part 1 A mend ment of tax laws 1 (b) a spouse within the meaning of paragraph (a) of the 2 definition of spouse in subsection 995-1(1) of the Income Tax 3 Assessment Act 1997 who is living separately and apart from 4 the person on a permanent basis. 5 38 Subparagraph 328(1)(a)(i) 6 After "post-marital", insert "or post-relationship". 7 39 Subsection 328(2) 8 After "post-marital", insert "or post-relationship". 9 40 Subparagraph 328(2)(a)(ii) 10 Omit "de facto marriage", substitute "de facto relationship". 11 41 At the end of subsection 328(3) 12 Add: 13 Note: Section 960-255 of the Income Tax Assessment Act 1997 may be 14 relevant to determining relationships for the purposes of 15 subparagraph (3)(a)(iii). 16 42 After subparagraph 491(2)(a)(i) 17 Insert: 18 (ia) a spouse of the person, other than a spouse within the 19 meaning of paragraph (a) of the definition of spouse in 20 subsection 995-1(1) of the Income Tax Assessment Act 21 1997 who is living separately and apart from the person 22 and has been so living for at least 12 months; or 23 43 At the end of subsection 491(2) 24 Add: 25 Note: Section 960-255 of the Income Tax Assessment Act 1997 may be 26 relevant to determining relationships for the purposes of 27 subparagraph (2)(a)(iii). 28 44 Subparagraph 491(2)(b)(i) 29 Repeal the subparagraph, substitute: 30 (i) a child of the person (other than a child excluded under 31 subsection (3)); or 32 45 At the end of section 491 144 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Amend ment of tax laws Part 1 1 Add: 2 (3) For the purposes of subparagraph (2)(b)(i), the following children 3 are excluded under this subsection: 4 (a) a step-child of the person; and 5 (b) someone who would be the step-child of the person except 6 that the person is not legally married to the person's spouse. 7 46 Subparagraphs 269-80(1)(c)(i) and (iii) in Schedule 2F 8 After "marriage", insert "or relationship". 9 Note: The heading to section 269-80 is altered by omitting "or marriage breakdown" and 10 substituting "or breakdown of marriage or relationship". 11 47 Paragraph 269-95(2)(a) in Schedule 2F 12 After "marriage", insert "or relationship". 13 48 Subparagraphs 269-95(2)(b)(i) and (ii) and (c)(i) and (ii) in 14 Schedule 2F 15 After "marriage", insert "or relationship". 16 49 Paragraphs 269-95(2)(d) and (e) in Schedule 2F 17 After "marriage", insert "or relationship". 18 50 Subparagraph 269-95(3)(c)(ii) in Schedule 2F 19 After "marriage", insert "or relationship". 20 51 Paragraph 272-90(2A)(a) in Schedule 2F 21 After "marriage", insert "or relationship". 22 52 Paragraph 272-90(2A)(b) in Schedule 2F 23 Repeal the paragraph, substitute: 24 (b) a person: 25 (i) who was the spouse of either the primary individual or 26 of a member of the primary individual's family 27 immediately before the death of the primary individual 28 or member of the primary individual's family; and 29 (ii) who is now the spouse of a person who is not a member 30 of the primary individual's family; and Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 145 [Page Break] Part 1 A mend ment of tax laws 1 53 Paragraph 272-90(2A)(c) in Schedule 2F 2 Omit "step-child", substitute "child of the spouse". 3 54 Paragraph 272-90(2A)(c) in Schedule 2F 4 After "marriage", insert "or relationship". 5 55 Subsection 272-95(1) in Schedule 2F (note) 6 Repeal the note, substitute: 7 Note 1: Child, parent and spou se are defined in subsection 6(1). 8 Note 2: Section 960-255 may be relevant to determining relationships for the 9 purposes of paragraph (1)(a). 10 56 Subsection 272-140(1) in Schedule 2F (definition of 11 breakdown in the marriage) 12 Repeal the definition. 13 57 Subsection 272-140(1) in Schedule 2F 14 Insert: 15 breakdown in the marriage or relationship of an individual: this 16 occurs if the individual is living with another individual on a 17 genuine domestic basis in a relationship as a couple (whether the 18 individuals are the same sex or different sexes and whether legally 19 married or not) and ceases to do so. 20 58 Application of amendments of the Income Tax 21 Assessment Act 1936 22 The amendments of the Income Tax Assessment Act 1936 made by this 23 Schedule apply in relation to the 2009-2010 year of income and later 24 years of income. 25 Income Tax Assessment Act 1997 26 59 Subsection 40-340(1) (table item 3) 27 After "Marriage", insert "or relationship". 28 60 Paragraph 52-105(1)(a) 29 Omit "parent", substitute "* parent". 146 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Amend ment of tax laws Part 1 1 61 At the end of subsection 70-100(10) 2 Add: 3 Note: Section 960-255 may be relevant to determining family relationships 4 for the purposes of paragraph (10)(a). 5 62 Subsection 100-10(3) 6 After "marriage", insert "or relationship". 7 63 Subsection 100-33(1) 8 After "marriage", insert "or relationship". 9 64 Section 112-150 (table items 1, 2 and 7) 10 After "marriage", insert "or relationship". 11 65 Section 118-75 (heading) 12 Repeal the heading, substitute: 13 118-75 Marriage or relationship breakdown settlements 14 66 Paragraph 118-75(1)(a) 15 Omit "marriage or de facto marriage", substitute "relationship between 16 * spouses". 17 67 Subparagraph 118-75(1)(b)(i) 18 Omit "* spouse", substitute "spouse". 19 68 Paragraph 118-178(1)(c) 20 After "marriage", insert "or relationship". 21 69 Section 118-180 (heading) 22 Repeal the heading, substitute: 23 118-180 Acquisition of dwelling from company or trust on marriage 24 or relations hip breakdown--roll-over provision applying 25 70 Subdivision 126-A (heading) 26 Repeal the heading, substitute: Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 147 [Page Break] Part 1 A mend ment of tax laws 1 Subdivision 126-A--Marriage or relationship breakdowns 2 71 Paragraph 126-5(1)(a) 3 Repeal the paragraph, substitute: 4 (a) a court order under the Family Law Act 1975 or under a 5 * State law, * Territory law or * foreign law relating to 6 breakdowns of relationships between spouses; or 7 72 Paragraph 126-5(1)(b) 8 Omit "of that Act", substitute "of the Family Law Act 1975". 9 73 Paragraph 126-5(1)(c) 10 Repeal the paragraph. 11 74 Subparagraph 126-5(1)(f)(i) 12 Omit "de facto marriage breakdowns", substitute "breakdowns of 13 relationships between spouses". 14 75 Paragraph 126-15(1)(a) 15 Repeal the paragraph, substitute: 16 (a) a court order under the Family Law Act 1975 or under a 17 * State law, * Territory law or * foreign law relating to 18 breakdowns of relationships between spouses; or 19 76 Paragraph 126-15(1)(b) 20 Omit "of that Act", substitute "of the Family Law Act 1975". 21 77 Paragraph 126-15(1)(c) 22 Repeal the paragraph. 23 78 Subparagraph 126-15(1)(f)(i) 24 Omit "de facto marriage breakdowns", substitute "breakdowns of 25 relationships between spouses". 26 79 Paragraph 126-25(1)(b) 27 Omit "marriage or de facto marriage", substitute "relationship between 28 the spouses or former spouses". 29 80 Paragraph 126-140(2B)(b) 148 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Amend ment of tax laws Part 1 1 Omit "or a corresponding foreign law". 2 81 Paragraph 126-140(2B)(c) 3 Omit "de facto marriage breakdowns", substitute "breakdowns of 4 relationships between *spouses". 5 82 Subparagraph 126-140(2B)(e)(i) 6 Omit "de facto marriage breakdowns", substitute "breakdowns of 7 relationships between spouses". 8 83 Paragraph 126-140(2C)(b) 9 Omit "marriage or de facto marriage", substitute "relationship between 10 the spouses or former spouses". 11 84 Subsections 149-30(3) and 149-60(4) (table item 1) 12 Omit "marriage break-downs", substitute "marriage or relationship 13 breakdowns". 14 85 Subsection 152-45(2) (heading) 15 Repeal the heading, substitute: 16 Marriage or relationship breakdowns 17 86 Subsection 152-45(2) (note 2) 18 After "marriage", insert "or relationship". 19 87 Section 152-100 20 After "marriage", insert "or relationship". 21 88 Subsection 152-115(2) (heading) 22 Repeal the heading, substitute: 23 Marriage or relationship breakdowns 24 89 Subsection 152-115(2) (note) 25 After "marriage", insert "or relationship". 26 90 After Subdivision 960-H of Division 960 27 Insert: Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 149 [Page Break] Part 1 A mend ment of tax laws 1 Subdivision 960-J--Family relationships 2 Guide to Subdivision 960-J 3 960-250 What this Subdivision is about 4 This Subdivision has 2 principles for defining family relationships. 5 The first principle is to treat an unmarried couple (whether of the 6 same sex or different sexes) in the same way as a married couple 7 if: 8 (a) their relationship is registered under particular 9 State or Territory laws; or 10 (b) they live together on a genuine domestic basis. 11 The second principle is to treat anyone who is defined to be an 12 individual's child in the same way as the individual's natural child 13 would be treated. 14 Both principles extend to tracing other family relationships, 15 including beyond couples and children and their parents. 16 Table of sections 17 Operati ve provisions 18 960-252 Object of this Subdivision 19 960-255 Family relationships 20 Operative provisions 21 960-252 Object of this Subdivision 22 (1) The first object of this Subdivision is to ensure that the same 23 consequences flow under this Act and the other Acts to which this 24 Subdivision applies from the relationship between 2 people who 25 are an unmarried couple (whether of the same sex or different 26 sexes) as from a marriage, if: 150 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Amend ment of tax laws Part 1 1 (a) the relationship is registered under a * State law or * Territory 2 law (as mentioned in paragraph (a) of the definition of 3 spouse in subsection 995-1(1)); or 4 (b) they live together on a genuine domestic basis. 5 (2) The second object of this Subdivision is to ensure that under this 6 Act and the other Acts to which this Subdivision applies, anyone 7 who is defined to be an individual's * child is treated in the same 8 way as if he or she were the individual's natural child. 9 960-255 Family relationships 10 Relationships between couples 11 (1) If one individual is the * spouse of another individual because of the 12 definition of spouse in subsection 995-1(1), relationships traced to, 13 from or through the individual, and family groups of which either 14 individual is a member, are to be determined in the same way as if 15 the individual were legally married to the other individual. 16 Example: George and Angelika are not legally married but live together on a 17 genuine domestic basis in a relationship as a couple. This Act treats 18 them as part of each other's family. 19 Relationships involving children 20 (2) If one individual is the *child of another individual because of the 21 definition of child in subsection 995-1(1), relationships traced to, 22 from or through the individual, and family groups of which either 23 individual is a member, are to be determined in the same way as if 24 the individual were the natural child of the other individual. 25 Example: Clare's stepfather Frank has a sister Angela. This Act applies as if 26 Angela were Clare's aunt because Clare is defined to be Frank's child. 27 That is, Clare's relationship to Angela is determined on the basis that 28 Clare is Frank's natural child. 29 Application 30 (3) Subsections (1) and (2) apply for the purposes of this Act. They 31 also apply for the purposes of a provision of another Act if one or 32 more of the following applies for the purposes of that provision (or 33 would apply if it were used in the provision): 34 (a) the definition of child in subsection 995-1(1); 35 (b) the definition of parent in subsection 995-1(1); Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 151 [Page Break] Part 1 A mend ment of tax laws 1 (c) the definition of relative in subsection 995-1(1); 2 (d) the definition of spouse in subsection 995-1(1). 3 91 Subsection 995-1(1) (definition of child) 4 Repeal the definition, substitute: 5 child: without limiting who is a child of an individual, each of the 6 following is the child of an individual: 7 (a) the individual's * adopted child, stepchild or exnuptial child; 8 (b) a child of the individual's * spouse; 9 (c) someone who is the product of a relationship the individual 10 has or had as a couple with another individual (whether of the 11 same sex or a different sex). 12 For the purposes of paragraph (c), someone cannot be the product 13 of a relationship unless he or she is the biological child of at least 14 one of the individuals in the relationship or was born to a woman 15 in the relationship. 16 92 Subsection 995-1(1) 17 Insert: 18 parent: an individual is the parent of anyone who is the 19 individual's * child. 20 93 Subsection 995-1(1) (paragraph (b) of the definition of 21 relative) 22 Omit "parent", substitute "* parent". 23 94 Subsection 995-1(1) (at the end of the definition of 24 relative) 25 Add: 26 Note: Section 960-255 may be relevant to determining relationships for the 27 purposes of paragraph (b) of the definition of relative. 28 95 Subsection 995-1(1) (definition of spouse) 29 Repeal the definition, substitute: 30 spouse of an individual includes: 31 (a) another individual (whether of the same sex or a different 32 sex) with whom the individual is in a relationship that is 152 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Amend ment of tax laws Part 1 1 registered under a * State law or * Territory law prescribed for 2 the purposes of section 22B of the Acts Interpretation Act 3 1901 as a kind of relationship prescribed for the purposes of 4 that section; and 5 (b) another individual who, although not legally married to the 6 individual, lives with the individual on a genuine domestic 7 basis in a relationship as a couple. 8 96 Application of amendments of the Income Tax 9 Assessment Act 1997 10 The amendments of the Income Tax Assessment Act 1997 made by this 11 Schedule apply: 12 (a) in relation to the 2009-2010 income year and later income 13 years; and 14 (b) to the extent to which the amendments affect the Fringe 15 Benefits Tax Assessment Act 1986--in relation to the FBT 16 year starting on 1 April 2009 and later FBT years. 17 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 153 [Page Break] Part 2 A mend ment of market regulat ion laws 1 2 Part 2--Amendment of market regulation laws 3 Financial Sector (Shareholdings) Act 1998 4 97 Clause 2 of Schedule 1 5 Before "In Part 2", insert "(1)". 6 98 Clause 2 of Schedule 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 99 Clause 2 of Schedule 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 clause. 21 100 Clause 2 of Schedule 1 (paragraph (b) of the definition of 22 relative) 23 Repeal the paragraph, substitute: 24 (b) the de facto partner of the person within the meaning of the 25 Acts Interpretation Act 1901; or 26 101 Clause 2 of Schedule 1 (paragraph (d) of the definition of 27 relative) 28 Omit "son, daughter", substitute "child". 29 102 Clause 2 of Schedule 1 (at the end of the definition of 30 relative) 154 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Amend ment of market regulation laws Part 2 1 Add: 2 Note: See also subclause (2). 3 103 At the end of clause 2 of Schedule 1 4 Add: 5 (2) For the purposes of paragraphs (c), (d) and (e) of the definition of 6 relative in subclause (1), if one person is the child of another 7 person because of the definition of child in that subclause, 8 relationships traced to or through the person are to be determined 9 on the basis that the person is the child of the other person. 10 104 Transitional provisions 11 Unacceptable ownership situation 12 (1) For the purposes of section 12 of the Financial Sector (Shareholdings) 13 Act 1998, if: 14 (a) apart from this subitem, an unacceptable ownership situation 15 would exist in relation to a financial sector company on the 16 commencement day; and 17 (b) the situation would exist only because of the amendments of 18 that Act made by this Part; 19 then, the situation is, during the period of 6 months starting on the 20 commencement day, taken not to exist for so long as it would otherwise 21 have existed. 22 Practical control of a financial sector company 23 (2) If: 24 (a) the Treasurer is satisfied, for the purposes of subparagraph 25 23(1)(a)(ii) of the Financial Sector (Shareholdings) Act 26 1998, that a person was in a position to exercise control over 27 a financial sector company on the commencement day; and 28 (b) the person was in that position on that day only because of 29 the amendments of that Act made by this Part; 30 then, the Treasurer may not make a declaration under section 23 of that 31 Act in relation to that person and that company during the period of 6 32 months starting on the commencement day. Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 155 [Page Break] Part 2 A mend ment of market regulat ion laws 1 Record-keeping 2 (3) If: 3 (a) apart from this subitem, a person would be required by 4 regulations made for the purposes of section 26 of the 5 Financial Sector (Shareholdings) Act 1998 to do something 6 on the commencement day in relation to an ownership 7 matter; and 8 (b) the person would not be required to do that thing if the 9 amendments of that Act made by this Part had not been 10 made; 11 then, the person is, during the period of 6 months starting on the 12 commencement day, taken not to be required to do that thing for so long 13 as the person would otherwise have been required to do that thing. 14 Commencement day 15 (4) In this item: 16 commencement day means the day on which the amendments of the 17 Financial Sector (Shareholdings) Act 1998 made by this Part 18 commence. 19 Foreign Acquisitions and Takeovers Act 1975 20 105 Subsection 5(1) 21 Insert: 22 child has the meaning given by subsection 6(2). 23 106 Subsection 5(1) 24 Insert: 25 parent has the meaning given by subsection 6(2). 26 107 Section 6 27 Before "For the purposes", insert "(1)". 28 108 Paragraph 6(a) 29 After "spouse", insert "or de facto partner (within the meaning of the 30 Acts Interpretation Act 1901),". 156 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Amend ment of market regulation laws Part 2 1 109 Paragraph 6(a) 2 Omit "son, daughter", substitute "child". 3 110 At the end of section 6 4 Add: 5 (2) In this Act: 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 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 section. 17 (3) For the purposes of paragraph (1)(a), if one person is the child of 18 another person because of the definition of child in this section, 19 relationships traced to or through that person are to be determined 20 on the basis that the person is the child of the other person. 21 111 Transitional provisions 22 (1) If: 23 (a) apart from this subitem, a person would be an associate of 24 another person for the purposes of paragraph 9(1)(a) or (b) or 25 paragraph 9A(1)(a) or (b) of the Foreign Acquisitions and 26 Takeovers Act 1975 on the commencement day; and 27 (b) the persons would be associates only because of the 28 amendments of that Act made by this Part; 29 then, during the period of 6 months starting on the commencement day, 30 the provision does not apply to them as associates of each other for so 31 long as the persons would otherwise have been associates of each other. 32 (2) If: 33 (a) apart from this subitem, a person would be an associate of 34 another person on the commencement day; and Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 157 [Page Break] Part 2 A mend ment of market regulat ion laws 1 (b) the persons would be associates only because of the 2 amendments of the Foreign Acquisitions and Takeovers Act 3 1975 made by this Part; 4 then, the Treasurer may not make an order under Part II of that Act in 5 relation to them as associates of each other during the period of 6 6 months starting on the commencement day. 7 (3) In this item: 8 commencement day means the day on which the amendments of the 9 Foreign Acquisitions and Takeovers Act 1975 made by this Part 10 commence. 11 Insurance Acquisitions and Takeovers Act 1991 12 112 Section 4 13 Before "In this Act", insert "(1)". 14 113 Section 4 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. 23 114 Section 4 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 section. 29 115 Section 4 (paragraph (b) of the definition of relative) 30 Repeal the paragraph, substitute: 31 (b) the person's de facto partner within the meaning of the Acts 32 Interpretation Act 1901; or 158 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Amend ment of market regulation laws Part 2 1 116 Section 4 (paragraph (d) of the definition of relative) 2 Omit "son, daughter", substitute "child". 3 117 Section 4 (at the end of the definition of relative) 4 Add: 5 Note: See also subsection (2). 6 118 At the end of section 4 7 Add: 8 (2) For the purposes of paragraphs (c), (d) and (e) of the definition of 9 relative in subsection (1), if one person is the child of another 10 person because of the definition of child in that subsection, 11 relationships traced to or through the person are to be determined 12 on the basis that the person is the child of the other person. 13 119 Transitional provision 14 If: 15 (a) apart from this item, a person would be an associate of 16 another person for the purposes of a provision of the 17 Insurance Acquisitions and Takeovers Act 1991 on the day 18 on which the amendments made by this Part commence; and 19 (b) the persons would be associates only because of those 20 amendments; 21 then, during the period of 6 months starting on that day, the provision 22 does not apply to them as associates of each other for so long as the 23 persons would otherwise have been associates of each other. 24 Life Insurance Act 1995 25 120 Paragraph 204(1)(b) 26 After "spouse", insert "or de facto partner". 27 121 Paragraph 211(1)(c) 28 Omit "father, mother", substitute "de facto partner, parent". 29 122 After subsection 211(1) 30 Insert: Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 159 [Page Break] Part 2 A mend ment of market regulat ion laws 1 (1A) For the purposes of paragraph (1)(c), if one person is the child of 2 another person because of the definition of child in this Act, 3 relationships traced to or through the person are to be determined 4 on the basis that the person is the child of the other person. 5 123 Paragraph 212(1)(c) 6 Omit "father, mother", substitute "de facto partner, parent". 7 124 After subsection 212(1) 8 Insert: 9 (1A) For the purposes of paragraph (1)(c), if one person is the child of 10 another person because of the definition of child in this Act, 11 relationships traced to or through the person are to be determined 12 on the basis that the person is the child of the other person. 13 125 Schedule 14 Insert: 15 child: without limiting who is a child of a person for the purposes 16 of this Act, someone is the child of a person if he or she 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). For 19 this purpose, someone cannot be the product of a relationship 20 unless he or she is the biological child of at least one of the persons 21 in the relationship or was born to a woman in the relationship. 22 126 Schedule 23 Insert: 24 de facto partner of a person has the meaning given by the Acts 25 Interpretation Act 1901. 26 127 Schedule 27 Insert: 28 parent: without limiting who is a parent of a person for the 29 purposes of this Act, someone is the parent of a person if the 30 person is his or her child because of the definition of child in this 31 section. 32 128 Schedule (definition of spouse) 160 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Amend ment of market regulation laws Part 2 1 Repeal the definition. 2 129 Transitional provision 3 The amendments of sections 211 and 212 of the Life Insurance Act 4 1995 made by this Part apply in relation to a person who dies on or after 5 the commencement of those amendments. 6 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 161 [Page Break] Part 3 A mend ment of the Corporations Act 2001 1 2 Part 3--Amendment of the Corporations Act 2001 3 Corporations Act 2001 4 130 Section 9 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. 13 131 Section 9 (paragraph (a) of the definition of close 14 associate) 15 Omit "or de facto spouse". 16 132 Section 9 (paragraph (b) of the definition of close 17 associate) 18 Omit ", or of a de facto spouse,". 19 133 Section 9 (definition of de facto spouse) 20 Repeal the definition. 21 134 Section 9 (paragraph (a) of the definition of immediate 22 family member) 23 Omit "or de facto spouse". 24 135 Section 9 25 Insert: 26 parent: without limiting who is a parent of a person for the 27 purposes of this Act, someone is the parent of a person if the 28 person is his or her child because of the definition of child in this 29 section. 162 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] Amend ment of the Corporations Act 2001 Part 3 1 136 Section 9 (paragraph (b) of the definition of related 2 entity) 3 Omit ", or de facto spouse,". 4 137 Section 9 (paragraph (c) of the definition of related entity) 5 Omit ", or of a de facto spouse,". 6 138 Section 9 (paragraph (e) of the definition of related entity) 7 Omit ", or de facto spouse,". 8 139 Section 9 (paragraph (f) of the definition of related entity) 9 Omit ", or of a de facto spouse,". 10 140 Section 9 (paragraph (i) of the definition of related entity) 11 Omit ", or de facto spouse,". 12 141 Section 9 (paragraph (j) of the definition of related entity) 13 Omit ", or of a de facto spouse,". 14 142 Section 9 (definition of relative) 15 Omit "son, daughter", substitute "child". 16 143 Section 9 17 Insert: 18 spouse of a person includes a de facto partner of the person within 19 the meaning of the Acts Interpretation Act 1901. 20 144 After section 9 21 Insert: 22 9AA Certain family relationships 23 For the purposes of this Act, relationships (including the 24 relationship of being family) are taken to include: 25 (a) relationships between de facto partners (within the meaning 26 of the Acts Interpretation Act 1901); and 27 (b) relationships of child and parent that arise: Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 163 [Page Break] Part 3 A mend ment of the Corporations Act 2001 1 (i) if someone is an exnuptial or adoptive child of a person; 2 or 3 (ii) if someone is the child of a person because of the 4 definition of child in this Act; and 5 (c) relationships traced through relationships referred to in 6 paragraphs (a) and (b). 7 145 Paragraph 228(2)(d) 8 Omit "and de facto spouses". 9 146 Subparagraph 440J(1)(a)(ii) 10 Omit ", de facto spouse". 11 147 Paragraph 440J(1)(b) 12 Omit ", de facto spouse". 13 148 Subsection 556(2) (definition of spouse) 14 Repeal the definition. 15 149 Paragraph 601JA(2)(f) 16 Omit "or de facto spouse". 17 150 Paragraph 601JB(2)(e) 18 Omit "or de facto spouse". 19 164 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] 1 2 Schedule 15--Veterans' Affairs 3 4 Defence Service Homes Act 1918 5 1 Subsection 4(1) 6 Insert: 7 de facto partner of a person has the meaning given by the Acts 8 Interpretation Act 1901. 9 2 Subsection 4(1) (subparagraph (a)(ii) of the definition of 10 dependent parent) 11 After "married", insert "and did not have a de facto partner". 12 3 Subsection 4(1) (subparagraph (b)(ii) of the definition of 13 dependent parent) 14 Omit "husband or wife", substitute "spouse or de facto partner". 15 4 Subsection 4(1) (subparagraph (a)(ii) of the definition of 16 further advance) 17 After "spouse" (wherever occurring), insert "or de facto partner". 18 5 Subsection 4(1) (paragraph (b) of the definition of initial 19 advance) 20 After "spouse" (wherever occurring), insert "or de facto partner". 21 6 Subsection 4(1) 22 Insert: 23 parent: without limiting who is a parent of anyone for the purposes 24 of this Act, a person is the parent of another person if the other 25 person is the product of a relationship the person has or had as a 26 couple with a third person (whether of the same sex or a different 27 sex). For this purpose, the other person cannot be the product of the 28 relationship unless he or she is the biological child of at least one 29 of the person or the third person or was born to a woman in the 30 relationship. 31 7 Subsection 4(1) (definition of Widow) Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 165 [Page Break] 1 Repeal the definition. 2 8 Subsection 4(1) 3 Insert: 4 widow of a person who has died includes a woman who was a 5 de facto partner of the person immediately before the person died. 6 9 Application of amendment of definition of widow 7 The amendment of the definition of widow in subsection 4(1) of the 8 Defence Service Homes Act 1918 made by this Schedule applies in 9 relation to someone whose de facto partner dies on or after the 10 commencement of the amendment. 11 10 Subsection 4(1) (definition of widower) 12 Repeal the definition, substitute: 13 widower of a person who has died includes a man who was a 14 de facto partner of the person immediately before the person died. 15 11 Application of amendment of definition of widower 16 The amendment of the definition of widower in subsection 4(1) of the 17 Defence Service Homes Act 1918 made by this Schedule applies in 18 relation to someone whose de facto partner dies on or after the 19 commencement of the amendment. 20 12 Paragraphs 4(2AB)(a) and (b) 21 Omit "husband" (wherever occurring), substitute "spouse or de facto 22 partner". 23 13 Paragraph 4(2AC)(d) 24 Omit "wife", substitute "spouse or de facto partner". 25 14 Paragraph 4(2AC)(d) 26 Omit "he and she", substitute "they". 27 15 Paragraph 4(2AC)(e) 28 Omit "wife" (wherever occurring), substitute "spouse or de facto 29 partner". 166 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] 1 16 Subsections 4(3A), (3B) and (3C) 2 Repeal the subsections. 3 17 Subsection 4(8) 4 After "spouse", insert "or de facto partner". 5 18 Paragraph 4(13)(b) 6 After "spouse" (wherever occurring), insert "or de facto partner". 7 19 Subsections 4A(1) and (3) 8 Omit "wife or husband" (wherever occurring), substitute "spouse or 9 de facto partner". 10 Note: The heading to section 4A is altered by inserting "or de facto partner" after "spouse". 11 20 Paragraphs 17A(1)(a) and (b) 12 Omit "wife or husband", substitute "spouse or de facto partner". 13 21 Paragraphs 18(1)(a) and (e) 14 Omit "husband or wife" (wherever occurring), substitute "spouse or 15 de facto partner". 16 22 Subparagraph 20(1)(a)(i) 17 Omit ", widowed mother or widowed father", substitute " or a widowed 18 parent". 19 23 Subparagraph 20(1)(a)(ii) 20 Omit "the wife or husband", substitute "a spouse or de facto partner". 21 24 Subparagraph 23(1)(a)(ii) 22 Omit "the widowed mother or widowed father", substitute "a widowed 23 parent". 24 25 Subparagraph 23(1)(a)(iii) 25 Omit "the wife or husband", substitute "a spouse or de facto partner". 26 26 Subsection 26(4) 27 Omit "the husband or wife", substitute "a spouse or de facto partner". Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 167 [Page Break] 1 27 Paragraphs 27A(1)(c) and (2)(c) 2 Omit "wife or husband", substitute "spouse or de facto partner". 3 28 Subsection 27A(3) 4 Omit "a wife and husband", substitute "2 persons who are spouses or 5 de facto partners of each other". 6 29 Paragraph 27A(3)(a) 7 Omit "the wife and husband", substitute "spouses or de facto partners". 8 30 Paragraph 27A(3)(b) 9 Omit "wife or the death of the husband, whichever is the later", 10 substitute "spouse or de facto partner who died last". 11 31 Paragraph 38C(1)(gb) 12 Omit "wife or husband", substitute "spouse or de facto partner". 13 32 Subsection 45A(2) 14 Omit "a husband and wife", substitute "2 persons who are spouses or 15 de facto partners of each other". 16 Military Rehabilitation and Compensation Act 2004 17 33 Section 5 18 Before "In this Act", insert "(1)". 19 34 Section 5 20 Insert: 21 child: without limiting who is a child of a person for the purposes 22 of this Act, 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 35 Section 5 29 Insert: 168 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] 1 parent: without limiting who is a parent of a person for the 2 purposes of this Act, someone is the parent of a person if the 3 person is his or her child because of the definition of child in this 4 subsection. 5 36 Section 5 (definition of partner) 6 Omit "of the opposite sex to the member". 7 37 Section 5 (after paragraph (b) of the definition of partner) 8 Insert: 9 (ba) a relationship between the person and the member (whether 10 the person and the member are the same sex or different 11 sexes) is registered under a law of a State or Territory 12 prescribed for the purposes of section 22B of the Acts 13 Interpretation Act 1901 as a kind of relationship prescribed 14 for the purposes of that section; 15 38 Section 5 (paragraph (c) of the definition of partner) 16 Repeal the paragraph, substitute: 17 (c) the person (whether of the same sex or a different sex to the 18 member): 19 (i) is, in the Commission's opinion (see subsection (2)), in 20 a de facto relationship with the member; and 21 (ii) is not an ancestor, descendant, brother, sister, 22 half-brother or half-sister of the member (see 23 subsection (3)). 24 39 Section 5 25 Insert: 26 stepchild: without limiting who is a stepchild of a person for the 27 purposes of this Act, someone who is a child of a partner of the 28 person is the stepchild of the person, if he or she would be the 29 person's stepchild except that the person is not legally married to 30 the partner. 31 40 Section 5 32 Insert: Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 169 [Page Break] 1 step-parent: without limiting who is a step-parent of a person for 2 the purposes of this Act, someone who is a partner of a parent of 3 the person is the step-parent of the person, if he or she would be 4 the person's step-parent except that he or she is not legally married 5 to the person's parent. 6 41 At the end of section 5 7 Add: 8 (2) For the purposes of subparagraph (c)(i) of the definition of partner 9 in subsection (1), section 11A of the Veterans' Entitlements Act 10 1986 applies to the forming of the Commission's opinion about 11 whether a person and a member are in a de facto relationship. 12 (3) For the purposes of subparagraph (c)(ii) of the definition of partner 13 in subsection (1), a child who is, or has ever been, an adopted child 14 of a person is taken to be the natural child of that person and the 15 person is taken to be the natural parent of the child. 16 42 Subparagraphs 15(2)(a)(ii) to (vii) 17 Repeal the subparagraphs, substitute: 18 (ii) a parent or step-parent of the member; 19 (iii) a parent or step-parent of the member's partner; 20 (iv) a grandparent of the member; 21 (v) a child or stepchild of the member; 22 (vi) a child or stepchild of the member's partner; 23 (vii) a grandchild of the member; 24 43 Section 16 25 Repeal the section, substitute: 26 16 Certain relationships 27 (1) For the purposes of paragraph 15(2)(a), if one person is the child of 28 another person because of: 29 (a) adoption; or 30 (b) the definition of child in this Act; 31 relationships traced to or through the person are to be determined 32 on the basis that the person is the child of the other person. 170 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] 1 (2) For the purposes of paragraphs 215(f) and 218(g), the relatives of a 2 person are taken to include the following (without limitation): 3 (a) a partner of the person; 4 (b) a stepchild or an adopted child of the person, or someone of 5 whom the person is a stepchild or an adopted child; 6 (c) someone who is a child of the person, or someone of whom 7 the person is a child, because of the definition of child in this 8 Act; 9 (d) anyone else who would be a relative of the person if someone 10 mentioned in paragraph (a), (b) or (c) is taken to be a relative 11 of the person. 12 44 Subsection 18(1) 13 Omit "son or daughter", substitute "child". 14 45 Subsection 80(3) 15 Omit "son or daughter", substitute "child". 16 46 At the end of section 433 17 Add: 18 (4) For the purposes of paragraph (3)(a), the members of a person's 19 family are taken to include the following (without limitation): 20 (a) a partner of the person; 21 (b) a stepchild or an adopted child of the person, or someone of 22 whom the person is a stepchild or an adopted child; 23 (c) someone who is a child of the person, or someone of whom 24 the person is a child, because of the definition of child in this 25 Act; 26 (d) anyone else who would be a relative of the person if someone 27 mentioned in paragraph (a), (b) or (c) is taken to be a member 28 of the person's family. 29 Veterans' Entitlements Act 1986 30 47 Section 5 (item relating to parent) 31 Repeal the item, substitute: parent 5F(1), 10A Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 171 [Page Break] 1 48 Section 5 (index of definitions) 2 Insert the following entry in its appropriate alphabetical position, as 3 determined on a letter-by-letter basis: prohibited relationship 5E(6), (7) 4 49 Section 5 (index of definitions) 5 Insert the following entry in its appropriate alphabetical position, as 6 determined on a letter-by-letter basis: step-child 5F(1) 7 50 Section 5 (index of definitions) 8 Insert the following entry in its appropriate alphabetical position, as 9 determined on a letter-by-letter basis: step-parent 5F(1) 10 51 Subsection 5E(1) 11 Insert: 12 prohibited relationship has the meaning given by subsections (6) 13 and (7). 14 52 Subsection 5E(1) (paragraph (a) of the definition of widow) 15 Omit "a man immediately before he", substitute "a person immediately 16 before the person". 17 53 Subsection 5E(1) (paragraph (a) of the definition of 18 widower) 19 Omit "a woman immediately before she", substitute "a person 20 immediately before the person". 21 54 After paragraph 5E(2)(a) 22 Insert: 23 (aa) both of the following conditions are met: 24 (i) a relationship between the person and another person 25 (whether of the same sex or a different sex) is registered 26 under a law of a State or Territory prescribed for the 27 purposes of section 22B of the Acts Interpretation Act 28 1901 as a kind of relationship prescribed for the 29 purposes of that section; 172 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] 1 (ii) the person is not living separately and apart from the 2 other person on a permanent basis; or 3 55 Subparagraph 5E(2)(b)(i) 4 Omit "a person of the opposite sex", substitute "another person, whether 5 of the same sex or a different sex". 6 56 Subparagraph 5E(2)(b)(iii) 7 Omit "marriage-like", substitute "de facto". 8 57 Subparagraph 5E(2)(b)(iv) 9 Omit "for the purposes of section 23B of the Marriage Act 1961". 10 58 Subsection 5E(2) (note 2) 11 Repeal the note. 12 59 At the end of section 5E 13 Add: 14 Prohibited relationship 15 (6) For the purposes of this Act, a person and his or her partner are 16 within a prohibited relationship if the person is: 17 (a) an ancestor or a descendant of the partner; or 18 (b) a brother, sister, half-brother or half-sister of the partner. 19 (7) For the purposes of subsection (6), a child who is, or has ever been, 20 an adopted child of a person is taken to be the natural child of that 21 person and the person is taken to be the natural parent of the child. 22 60 Subsection 5F(1) (definition of parent) 23 Repeal the definition, substitute: 24 parent has a meaning affected by section 10A. 25 61 Subsection 5F(1) 26 Insert: 27 step-child: without limiting who is a step-child of a person for the 28 purposes of this Act, someone who is a child of a partner of the 29 person is the step-child of the person, if he or she would be the Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 173 [Page Break] 1 person's step-child except that the person is not legally married to 2 the partner. 3 62 Subsection 5F(1) 4 Insert: 5 step-parent: without limiting who is a step-parent of a person for 6 the purposes of this Act, someone who is a partner of a parent of 7 the person is the step-parent of the person, if he or she would be 8 the person's step-parent except that he or she is not legally married 9 to the person's parent. 10 63 After subsection 5G(1A) 11 Insert: 12 (1AB) For the purposes of paragraph (1A)(b), family relationships are 13 taken to include (without limitation): 14 (a) relationships between partners; and 15 (b) relationships of child and parent that arise if someone is the 16 parent of a person under section 10A; and 17 (c) any other relationship that would be a family relationship if a 18 relationship mentioned in paragraph (a) or (b) is taken to be a 19 family relationship. 20 64 Paragraph 5H(8)(zd) 21 Omit "the person's father, mother, son, daughter, brother or sister", 22 substitute "a parent, child, brother or sister of the person". 23 65 Subsection 5L(1) (paragraph (a) of the definition of family 24 member) 25 Omit ", father or mother", substitute "or a parent". 26 66 Subsection 5P(1) (paragraph (a) of the definition of eligible 27 descendant) 28 Omit "step child", substitute "step-child". 29 67 Subsection 5Q(1) (after paragraph (a) of the definition of 30 immediate family member) 31 Insert: 32 (ab) who is the person's parent because of subsection 10A(1); or 174 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] 1 68 At the end of section 5Q 2 Add: 3 (5) For the purposes of this Act, if under a provision of this Act one 4 person is the child of another person because the person is the 5 product of a relationship the other person has or had as a couple 6 with a third person, relationships traced to or through the person 7 are to be determined on the basis that the person is the child of the 8 other person. 9 Note: Paragraph 10(1)(b) and paragraph (b) of the definition of child in 10 section 52ZO are examples of provisions under which one person may 11 be the child of another person because the person is the product of a 12 relationship the other person has or had as a couple with a third 13 person. 14 (6) Subsection (5) does not apply for the purposes of determining 15 when a person and his or her partner are within a prohibited 16 relationship under subsection 5E(6). However, this does not 17 prevent expressions used in subsection 5E(6) from having their 18 ordinary meaning. 19 69 Paragraph 5R(5)(b) 20 Omit "a matrimonial", substitute "their". 21 70 Subsections 10(1) and (2) 22 Repeal the subsections, substitute: 23 (1) In this Act, a reference to a child of a veteran or of a deceased 24 veteran is a reference to: 25 (a) a child of the veteran or an adopted child of the veteran; or 26 (b) a child who is the product of a relationship the veteran has or 27 had as a couple with another person (whether of the same sex 28 or a different sex); or 29 (c) any other child who is, or was immediately before the death 30 of the veteran, wholly or substantially dependent on the 31 veteran. 32 (2) For the purposes of paragraph (1)(b), a child cannot be the product 33 of a relationship unless he or she is the biological child of at least 34 one of the persons in the relationship or was born to a woman in 35 the relationship. Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 175 [Page Break] 1 71 Subsection 10(3) 2 Omit "subsections (1) and (2)", substitute "subsection (1)". 3 72 Subsection 10(5) 4 Omit "or (2)". 5 73 After section 10 6 Insert: 7 10A Parent of a person 8 (1) Without limiting who is a parent of anyone for the purposes of this 9 Act, a person is the parent of another person (other than an 10 adopted child) if the other person is the product of a relationship 11 the person has or had as a couple with a third person (whether of 12 the same sex or a different sex). For this purpose, the other person 13 cannot be the product of the relationship unless he or she is the 14 biological child of at least one of the person or the third person or 15 was born to a woman in the relationship. 16 (2) For the purposes of this Act, parent of a person who is an adopted 17 child means an adoptive parent of the person. 18 74 Section 11A 19 Omit "marriage-like" (first occurring), substitute "de facto". 20 Note: The heading to section 11A is altered by omitting "Marriage-like" and substituting 21 "De facto" 22 75 Subparagraph 11A(c)(i) 23 Omit "married to", substitute "being in a de facto relationship with". 24 76 Subparagraph 11A(e)(iv) 25 Omit "marriage-like", substitute "de facto". 26 77 Paragraph 30C(12)(b) 27 Omit "the spouse", substitute "a partner or non-illness separated 28 spouse". 29 78 Paragraph 30D(8)(b) 176 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] 1 Omit "the spouse", substitute "a partner or non-illness separated 2 spouse". 3 79 Subparagraph 38(1)(d)(iii) 4 Before "spouse", insert "non-illness separated". 5 80 Subparagraph 38(1)(i)(iii) 6 Before "spouse", insert "non-illness separated". 7 81 Paragraph 38(2A)(a) 8 Omit "marriage-like", substitute "de facto". 9 82 Paragraph 38(2A)(a) 10 Omit "when this subsection commenced", substitute "on 1 July 2009". 11 83 Paragraph 38(2A)(b) 12 Omit "this subsection commenced", substitute "1 July 2009". 13 84 Paragraph 38(2A)(b) 14 Omit "was a marriage-like", substitute "is a de facto". 15 85 Subsection 38(2A) (note 2) 16 After "veteran", insert "non-illness separated". 17 86 Subparagraph 38(3A)(a)(i) 18 Omit "marriage-like", substitute "de facto". 19 87 Subparagraph 38(3A)(a)(ii) 20 Omit "marriage-like relationship when this subsection commenced", 21 substitute "de facto relationship on 1 July 2009". 22 88 Subparagraph 38(3A)(b)(i) 23 Omit "this subsection commenced", substitute "1 July 2009". 24 89 Subparagraph 38(3A)(b)(i) 25 Omit "was a marriage-like", substitute "is a de facto". 26 Note: The headings to subsections 45UG(1) and (2) are altered by omitting "marital" and 27 substituting "couple". Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 177 [Page Break] 1 90 Section 52ZO (definition of child) 2 Repeal the definition, substitute: 3 child: without limiting who is a child of a person for the purposes 4 of this Division, each of the following is the child of a person: 5 (a) an adopted child, step-child or foster-child of the person; 6 (b) someone who is the product of a relationship the person has 7 or had as a couple with another person (whether of the same 8 sex or a different sex). 9 For the purposes of paragraph (b), someone cannot be the product 10 of a relationship unless he or she is the biological child of at least 11 one of the persons in the relationship or was born to a woman in 12 the relationship. 13 91 Subsection 52ZP(2) 14 Repeal the subsection, substitute: 15 (2) For the purposes of this section, if one person is the child of 16 another person because of the definition of child in section 52ZO, 17 relationships traced to or through the person are to be determined 18 on the basis that the person is the child of the other person. 19 92 Subsection 52ZZZWE(5) (definition of child) 20 Repeal the definition, substitute: 21 child, of a principal beneficiary, means the following (no matter 22 how old the child is): 23 (a) a natural child, adopted child or step-child of the beneficiary; 24 (b) someone who is the product of a relationship the beneficiary 25 has or had as a couple with another person (whether of the 26 same 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 93 Subsection 123(1) (paragraph (b) of the definition of child) 32 Repeal the paragraph, substitute: 33 (b) a person who was a natural child of the deceased; or 178 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 [Page Break] 1 (ba) someone who is the product of a relationship the deceased 2 had as a couple with another person (whether of the same sex 3 or a different sex); or 4 94 Subsection 123(1) (at the end of the definition of child) 5 Add: 6 Note: Subsection (2A) is relevant to working out if someone is the product 7 of a relationship for the purposes of paragraph (ba) of the definition of 8 child. 9 95 After subsection 123(2) 10 Insert: 11 (2A) For the purposes of paragraph (ba) of the definition of child in 12 subsection (1), 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 96 Saving 16 The amendments of subsections 38(2A) and (3A) of the Veterans' 17 Entitlements Act 1986 made by this Schedule do not affect the operation 18 of those subsections as in force before 1 July 2009. Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill 2008 No. , 2008 179