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This is a Bill, not an Act. For current law, see the Acts databases.
SAME-SEX RELATIONSHIPS (EQUAL TREATMENT IN COMMONWEALTH LAWS-GENERAL LAW REFORM) BILL 2008
2008
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Same-Sex Relationships (Equal
Treatment in Commonwealth Laws--
General Law Reform) Bill 2008
No. , 2008
(Attorney-General)
A Bill for an Act to address discrimination against
same-sex couples and their children in
Commonwealth laws, and for other purposes
i Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform)
Bill 2008 No. , 2008
Contents
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
Schedule(s) ......................................................................................... 6
Schedule 1--Agriculture, Fisheries and Forestry
7
Australian Meat and Live-stock Industry Act 1997
7
Farm Household Support Act 1992
7
Schedule 2--Attorney-General
8
Part 1--Amendment of the Acts Interpretation Act 1901
8
Acts Interpretation Act 1901
8
Part 2--Amendment of other Acts
10
Administrative Decisions (Judicial Review) Act 1977
10
Age Discrimination Act 2004
10
Australian Federal Police Act 1979
11
Bankruptcy Act 1966
12
Crimes Act 1914
15
Crimes (Superannuation Benefits) Act 1989
17
Customs Act 1901
17
High Court Justices (Long Leave Payments) Act 1979
20
Judges (Long Leave Payments) Act 1979
20
Passenger Movement Charge Collection Act 1978
21
Proceeds of Crime Act 2002
22
Service and Execution of Process Act 1992
23
Sex Discrimination Act 1984
24
Witness Protection Act 1994
27
Part 3--Regulations
29
Schedule 3--Broadband, Communications and the Digital
Economy
30
Australian Postal Corporation Act 1989
30
Broadcasting Services Act 1992
30
Telstra Corporation Act 1991
32
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 ii
Schedule 4--Defence
35
Defence Force (Ho me Loans Assistance) Act 1990
35
Defence (Parliamentary Candidates) Act 1969
40
Royal Australian Air Force Veterans' Residences Act 1953
41
Schedule 5--Education, Employment and Workplace Relations
44
Education Services for Overseas Students Act 2000
44
Higher Education Support Act 2003
45
Judicial and Statutory Officers (Remuneration and Allowances) Act
1984
46
Safety, Rehabilitation and Compensation Act 1988
46
Seafarers Rehabilitation and Compensation Act 1992
49
Student Assistance Act 1973
52
Schedule 6--Families, Housing, Community Services and
Indigenous Affairs
53
Part 1--Amendments commencing on the day after Royal
Assent
53
Aboriginal Land Grant (Jervis Bay Territory) Act 1986
53
Corporations (Aboriginal and Torres Strait Islander) Act 2006
54
Part 2--Amendments commencing on 1 July 2009
56
A New Tax System (Family Assistance) Act 1999
56
A New Tax System (Family Assistance) (Administration) Act 1999
57
Social Security Act 1991
58
Schedule 7--Finance and Deregulation
73
Part 1--General amendments
73
Commonwealth Electoral Act 1918
73
Medibank Private Sale Act 2006
74
Members of Parliament (Life Gold Pass) Act 2002
76
Parliamentary Entitlements Act 1990
83
Part 2--Superannuation amendments (general)
85
Superannuation Act 1976
85
iii Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform)
Bill 2008 No. , 2008
Part 3--Superannuation amendments if same-sex
superannuation amendments commence earlier
86
Superannuation Act 1976
86
Part 4--Superannuation amendments if same-sex
superannuation amendments commence later
87
Superannuation Act 1976
87
Schedule 8--Foreign Affairs and Trade
89
Part 1--Amendment commencing on 1 July 2009
89
Australian Passports Act 2005
89
Part 2--Amendments commencing on the day after Royal
Assent
90
Export Market Development Grants Act 1997
90
Trade Representatives Act 1933
91
Schedule 9--Health and Ageing
93
Part 1--Amendments commencing on the day after Royal
Assent
93
Prohibition of Human Cloning for Reproduction Act 2002
93
Research Involving Human Embryos Act 2002
93
Part 2--Amendments commencing on 1 January 2009
94
Health Insurance Act 1973
94
National Health Act 1953
96
Part 3--Amendments commencing on 1 July 2009
101
Aged Care Act 1997
101
Schedule 10--Immigration and Citizenship
104
Part 1--Australian Citizenship Act 2007
104
Part 2--Migration Act 1958
107
Div ision 1--Main amend ments
107
Migration Act 1958
107
Div ision 2--Consequential amend ment
118
Australian Citizenship Act 2007
118
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 iv
Part 3--Immigration (Education) Act 1971
119
Part 4--Immigration (Guardianship of Children) Act 1946
120
Schedule 11--Infrastructure, Transport, Regional
Development and Local Gove rnme nt
121
Part 1--Carriers' liability amendments (general)
121
Civil Aviation (Carriers' Liability) Act 1959
121
Part 2--Carriers' liability amendments if Montreal Convention
amendments commence earlier
122
Civil Aviation (Carriers' Liability) Act 1959
122
Part 3--Carriers' liability amendments if Montreal Convention
amendments commence later
124
Civil Aviation (Carriers' Liability) Act 1959
124
Part 4--Other amendments
126
Airports Act 1996
126
Navigation Act 1912
129
Schedule 12--Innovation, Industry, Science and Research
133
Pooled Development Funds Act 1992
133
Schedule 13--Prime Minister and Cabinet
135
Privacy Act 1988
135
Schedule 14--Treasury
138
Part 1--Amendment of tax laws
138
A New Tax System (Medicare Levy Surcharge--Fringe Benefits) Act
1999
138
Fringe Benefits Tax Assessment Act 1986
138
Income Tax Assessment Act 1936
139
Income Tax Assessment Act 1997
146
Part 2--Amendment of market regulation laws
154
Financial Sector (Shareholdings) Act 1998
154
Foreign Acquisitions and Takeovers Act 1975
156
Insurance Acquisitions and Takeovers Act 1991
158
v Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform)
Bill 2008 No. , 2008
Life Insurance Act 1995
159
Part 3--Amendment of the Corporations Act 2001
162
Corporations Act 2001
162
Schedule 15--Veterans' Affairs
165
Defence Service Ho mes Act 1918
165
Military Rehabilitation and Compensation Act 2004
168
Veterans' Entitlements Act 1986
171
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 1
A Bill for an Act to address discrimination against
1
same-sex couples and their children in
2
Commonwealth laws, and for other purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Same-Sex Relationships (Equal
6
Treatment in Commonwealth Laws--General Law Reform) Act
7
2008.
8
2 Commence ment
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
column 2 of the table. Any other statement in column 2 has effect
12
according to its terms.
13
2 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
1
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day on which this Act receives the
Royal Assent.
2. Schedule 1
The day after this Act receives the Royal
Assent.
3. Schedule 2,
Part 1
The day after this Act receives the Royal
Assent.
4. Schedule 2,
items 2 and 3
1 Ju ly 2009.
1 Ju ly 2009
5. Schedule 2,
items 4 to 23
The day after this Act receives the Royal
Assent.
6. Schedule 2,
item 24
The later of:
(a) the start of the day after this Act receives
the Royal Assent; and
(b) immed iately after the commencement of
item 13 of Schedule 2 to the Family Law
Amendment (De Facto Financial Matters
and Other Measures) Act 2008.
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b )
does not occur.
7. Schedule 2,
item 25
The day after this Act receives the Royal
Assent.
8. Schedule 2,
item 26
The later of:
(a) the start of the day after this Act receives
the Royal Assent; and
(b) immed iately after the commencement of
item 15 of Schedule 2 to the Family Law
Amendment (De Facto Financial Matters
and Other Measures) Act 2008.
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b )
does not occur.
9. Schedule 2,
The day after this Act receives the Royal
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 3
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
item 27
Assent.
10. Schedule 2,
item 28
The later of:
(a) the start of the day after this Act receives
the Royal Assent; and
(b) immed iately after the commencement of
item 17 of Schedule 2 to the Family Law
Amendment (De Facto Financial Matters
and Other Measures) Act 2008.
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b )
does not occur.
11. Schedule 2,
items 29 to 86
The day after this Act receives the Royal
Assent.
12. Schedules 3,
4 and 5
The day after this Act receives the Royal
Assent.
13. Schedule 6,
Part 1
The day after this Act receives the Royal
Assent.
14. Schedule 6,
Part 2
1 Ju ly 2009.
1 Ju ly 2009
15. Schedule 7,
items 1 to 7
On the day after the end of the period of 3
months beginning on the day on which this
Act receives the Royal Assent.
16. Schedule 7,
items 8 to 55
The day after this Act receives the Royal
Assent.
17. Schedule 7,
Part 3
The day after this Act receives the Royal
Assent.
However, if Schedule 1 to the Same-Sex
Relationships (Equal Treatment in
Commonwealth Laws--Superannuation) Act
2008 does not commence on or before the
day after this Act receives the Royal Assent,
the provision(s) do not commence at all.
18. Schedule 7,
item 58
The day after this Act receives the Royal
Assent.
However, if Schedule 1 to the Same-Sex
Relationships (Equal Treatment in
Commonwealth Laws--Superannuation) Act
4 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
2008 commences on or before the day after
this Act receives the Royal Assent, the
provision(s) do not commence at all.
19. Schedule 7,
item 59
Immediately after the commencement of
Schedule 1 to the Same-Sex Relationships
(Equal Treatment in Commonwealth Laws--
Superannuation) Act 2008.
However, if Schedule 1 to the Same-Sex
Relationships (Equal Treatment in
Commonwealth Laws--Superannuation) Act
2008 commences on or before the day after
this Act receives the Royal Assent, the
provision(s) do not commence at all.
20. Schedule 7,
item 60
The day after this Act receives the Royal
Assent.
However, if Schedule 1 to the Same-Sex
Relationships (Equal Treatment in
Commonwealth Laws--Superannuation) Act
2008 commences on or before the day after
this Act receives the Royal Assent, the
provision(s) do not commence at all.
21. Schedule 7,
item 61
Immediately after the commencement of
Schedule 1 to the Same-Sex Relationships
(Equal Treatment in Commonwealth Laws--
Superannuation) Act 2008.
However, if Schedule 1 to the Same-Sex
Relationships (Equal Treatment in
Commonwealth Laws--Superannuation) Act
2008 commences on or before the day after
this Act receives the Royal Assent, the
provision(s) do not commence at all.
22. Schedule 8,
Part 1
1 Ju ly 2009.
1 Ju ly 2009
23. Schedule 8,
Part 2
The day after this Act receives the Royal
Assent.
24. Schedule 9,
Part 1
The day after this Act receives the Royal
Assent.
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 5
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
25. Schedule 9,
Part 2
1 January 2009.
1 January 2009
26. Schedule 9,
Part 3
1 Ju ly 2009.
1 Ju ly 2009
27. Schedule 10,
Part 1
A single day to be fixed by Proclamation.
However, if any of the provision(s) do not
commence with in the period of 6 months
beginning on the day on which this Act
receives the Royal Assent, they commence
on the first day after the end of that period.
28. Schedule 10,
Parts 2 and 3
1 Ju ly 2009.
1 Ju ly 2009
29. Schedule 10,
Part 4
A single day to be fixed by Proclamation.
However, if any of the provision(s) do not
commence with in the period of 6 months
beginning on the day on which this Act
receives the Royal Assent, they commence
on the first day after the end of that period.
30. Schedule 11,
Part 1
The later of:
(a) the start of the day after this Act receives
the Royal Assent; and
(b) immed iately after the commencement of
Schedule 2 to the Civil Aviation
Legislation Amendment (1999 Montreal
Convention and Other Amendments) Act
2008.
31. Schedule 11,
Part 2
The day after this Act receives the Royal
Assent.
However, the provision(s) do not commence
at all if Schedule 2 to the Civil Aviation
Legislation Amendment (1999 Montreal
Convention and Other Amendments) Act
2008 does not commence on or before the
day after this Act receives the Royal Assent.
32. Schedule 11,
Part 3
The day after this Act receives the Royal
Assent.
However, the provision(s) do not commence
6 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
at all if Schedule 2 to the Civil Aviation
Legislation Amendment (1999 Montreal
Convention and Other Amendments) Act
2008 commences on or before the day after
this Act receives the Royal Assent.
33. Schedule 11,
Part 4
The day after this Act receives the Royal
Assent.
34. Schedule 12
The day after this Act receives the Royal
Assent.
35. Schedule 13
1 Ju ly 2009.
1 Ju ly 2009
36. Schedule 14
The day after this Act receives the Royal
Assent.
37. Schedule 15
1 Ju ly 2009.
1 Ju ly 2009
Note:
This table relates only to the provisions of this Act as originally
1
passed by both Houses of the Parliament and assented to. It will not be
2
expanded to deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Agriculture, Fisheries and Forestry Schedule 1
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 7
1
Schedule 1
--
Agriculture, Fisheries and
2
Forestry
3
4
Australian Meat and Live-stock Industry Act 1997
5
1 Section 3 (paragraph (b) of the definition of associate)
6
Repeal the paragraph, substitute:
7
(b) the spouse, or de facto partner (within the meaning of the
8
Acts Interpretation Act 1901), of the subject person; and
9
Farm Household Support Act 1992
10
2 Subsection 3(1)
11
Insert:
12
armed services widow
13
3 Subsection 3(1)
14
Insert:
15
armed services widower
16
17
Schedule 2 Attorney-General
Part 1 A mend ment of the Acts Interpretation Act 1901
8 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
1
Schedule 2
--
Attorney-General
2
Part 1
--
Amendment of the Acts Interpretation Act
3
1901
4
Acts Interpretation Act 1901
5
1 After section 22
6
Insert:
7
22A References to de facto partners
8
For the purposes of a provision of an Act that is a provision in
9
which de facto partner has the meaning given by this Act, a person
10
is the de facto partner of another person (whether of the same sex
11
or a different sex) if:
12
(a) the person is in a registered relationship with the other person
13
under section 22B; or
14
(b) the person is in a de facto relationship with the other person
15
under section 22C.
16
22B Registered relationships
17
For the purposes of paragraph 22A(a), a person is in a registered
18
relationship with another person if the relationship between the
19
persons is registered under a prescribed law of a State or Territory
20
as a prescribed kind of relationship.
21
22C De facto relationships
22
(1) For the purposes of paragraph 22A(b), a person is in a de facto
23
relationship with another person if the persons:
24
(a) are not legally married to each other; and
25
(b) are not related by family (see subsection (6)); and
26
(c) have a relationship as a couple living together on a genuine
27
domestic basis.
28
(2) In determining for the purposes of paragraph (1)(c) whether 2
29
persons have a relationship as a couple, all the circumstances of
30
Attorney-General Schedule 2
Amend ment of the Acts Interpretation Act 1901 Part 1
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 9
their relationship are to be taken into account, including any or all
1
of the following circumstances:
2
(a) the duration of the relationship;
3
(b) the nature and extent of their common residence;
4
(c) whether a sexual relationship exists;
5
(d) the degree of financial dependence or interdependence, and
6
any arrangements for financial support, between them;
7
(e) the ownership, use and acquisition of their property;
8
(f) the degree of mutual commitment to a shared life;
9
(g) the care and support of children;
10
(h) the reputation and public aspects of the relationship.
11
(3) No particular finding in relation to any circumstance mentioned in
12
subsection (2) is necessary in determining whether 2 persons have
13
a relationship as a couple for the purposes of paragraph (1)(c).
14
(4) For the purposes of paragraph (1)(c), the persons are taken to be
15
living together on a genuine domestic basis if the persons are not
16
living together on a genuine domestic basis only because of:
17
(a) a temporary absence from each other; or
18
(b) illness or infirmity of either or both of them.
19
(5) For the purposes of subsection (1), a de facto relationship can exist
20
even if one of the persons is legally married to someone else or is
21
in a registered relationship (within the meaning of section 22B)
22
with someone else or is in another de facto relationship.
23
(6) For the purposes of paragraph (1)(b), 2 persons are related by
24
family if:
25
(a) one is the child (including an adopted child) of the other; or
26
(b) one is another descendant of the other (even if the
27
relationship between them is traced through an adoptive
28
parent); or
29
(c) they have a parent in common (who may be an adoptive
30
parent of either or both of them).
31
For this purpose, disregard whether an adoption is declared void or
32
has ceased to have effect.
33
(7) For the purposes of subsection (6), adopted means adopted under
34
the law of any place (whether in or out of Australia) relating to the
35
adoption of children.
36
37
Schedule 2 Attorney-General
Part 2 A mend ment of other Acts
10 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
1
Part 2
--
Amendment of other Acts
2
Administrative Decisions (Judicial Review) Act 1977
3
2 Subparagraph (d)(iv) of Schedule 2
4
Repeal the subparagraph, substitute:
5
(iv) decisions relating to a person who, having entered
6
Australia as a diplomatic or consular representative of
7
another country, a member of the staff of such a
8
representative or the spouse, de facto partner or a
9
dependent relative of such a representative, was in
10
Australia at the time of the decision (for the purposes of
11
this subparagraph, enter Australia, spouse, de facto
12
partner and relative have the same meanings as in that
13
Act);
14
3 Application
15
The amendment of the Administrative Decisions (Judicial Review) Act
16
1977 made by this Part applies in relation to decisions to which
17
section 13 of that Act applies that are made on or after the
18
commencement of this item.
19
Age Discrimination Act 2004
20
4 Subsection 29(4)
21
Insert:
22
child: without limiting who is a child of a person for the purposes
23
of paragraph (a) of the definition of near relative in this
24
subsection, someone is the child of a person if he or she is the
25
product of a relationship the person has or had as a couple with
26
another person (whether of the same sex or a different sex). For
27
this purpose, someone cannot be the product of a relationship
28
unless he or she is the biological child of at least one of the persons
29
in the relationship or was born to a woman in the relationship.
30
5 Subsection 29(4)
31
Insert:
32
Attorney-General Schedule 2
Amend ment of other Acts Part 2
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 11
de facto partner has the meaning given by the Acts Interpretation
1
Act 1901.
2
6 Subsection 29(4) (paragraph (b) of the definition of near
3
relative)
4
Omit "de facto spouse", substitute "de facto partner".
5
7 Subsection 29(4)
6
Insert:
7
parent: without limiting who is a parent of a person for the
8
purposes of paragraph (a) of the definition of near relative in this
9
subsection, someone is the parent of a person if the person is his or
10
her child because of the definition of child in this section.
11
8 At the end of section 29
12
Add:
13
Family relationships
14
(5) For the purposes of paragraph (a) of the definition of near relative
15
in subsection (4), if one person is the child of another person
16
because of the definition of child in that subsection, relationships
17
traced to or through the person are to be determined on the basis
18
that the person is the child of the other person.
19
Australian Federal Police Act 1979
20
9 At the end of section 42F
21
Add:
22
(3) For the purposes of paragraph (2)(e), family relationships are taken
23
to include the following (without limitation):
24
(a) relationships between de facto partners (within the meaning
25
of the Acts Interpretation Act 1901);
26
(b) relationships of child and parent that arise if someone is the
27
child of a person because of the definition of child in this
28
section;
29
(c) relationships traced through relationships mentioned in
30
paragraphs (a) and (b).
31
Schedule 2 Attorney-General
Part 2 A mend ment of other Acts
12 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
(4) In this section:
1
child: without limiting who is a child of a person for the purposes
2
of this Act, someone is the child of a person if he or she is the
3
product of a relationship the person has or had as a couple with
4
another person (whether of the same sex or a different sex). For
5
this purpose, someone cannot be the product of a relationship
6
unless he or she is the biological child of at least one of the persons
7
in the relationship or was born to a woman in the relationship.
8
10 Application
9
The amendment of the Australian Federal Police Act 1979 made by this
10
Part applies in relation to an application for an order under Part VA of
11
that Act made on or after the commencement of this item.
12
Bankruptcy Act 1966
13
11 Subsection 5(1) (definition of child)
14
Repeal the definition, substitute:
15
child: without limiting who is a child of a person for the purposes
16
of this Act, each of the following is the child of a person:
17
(a) an adopted child, stepchild or exnuptial child of the person;
18
(b) someone who is the product of a relationship the person has
19
or had as a couple with another person (whether of the same
20
sex or a different sex).
21
For the purposes of paragraph (b), someone cannot be the product
22
of a relationship unless he or she is the biological child of at least
23
one of the persons in the relationship or was born to a woman in
24
the relationship.
25
12 Subsection 5(1) (definition of close relative)
26
Omit "de facto spouse", substitute "de facto partner".
27
13 Subsection 5(1)
28
Insert:
29
de facto partner has the meaning given by the Acts Interpretation
30
Act 1901.
31
14 Subsection 5(1) (definition of de facto spouse)
32
Attorney-General Schedule 2
Amend ment of other Acts Part 2
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 13
Repeal the definition.
1
15 Subsection 5(1) (definition of parent)
2
Repeal the definition, substitute:
3
parent: a person is the parent of anyone who is the person's child.
4
16 Subsection 5(1) (paragraph (g) of the definition of related
5
entity)
6
After "spouse", insert ", or de facto partner,".
7
17 Subsection 5(1) (definition of relative)
8
Omit "de facto spouse", substitute "de facto partner".
9
18 Subsection 5(1)
10
Insert:
11
stepchild: without limiting who is a stepchild of a person for the
12
purposes of this Act, someone is the stepchild of a person if he or
13
she would be the person's stepchild except that the person is not
14
legally married to the person's de facto partner.
15
19 At the end of section 5
16
Add:
17
(6) For the purposes of this Act, the members of a person's family are
18
taken to include the following (without limitation):
19
(a) a de facto partner of the person;
20
(b) someone who is the child of the person, or of whom the
21
person is the child, because of the definition of child in this
22
section;
23
(c) anyone else who would be a member of the person's family if
24
someone mentioned in paragraph (a) or (b) is taken to be a
25
member of the person's family.
26
20 Paragraphs 60(4)(a) and (b)
27
After "spouse", insert "or de facto partner".
28
21 At the end of subsection 60(4)
29
Add:
30
Schedule 2 Attorney-General
Part 2 A mend ment of other Acts
14 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
Note:
See also subsection 5(6).
1
22 Subparagraphs 116(2)(d)(i) and (2)(g)(i) and (ii)
2
After "spouse", insert "or de facto partner".
3
23 At the end of paragraph 116(2)(g)
4
Add:
5
Note:
See also subsection 5(6).
6
24 Paragraph 116(2)(r)
7
Omit "de facto spouse", substitute "de facto partner".
8
25 Paragraphs 120(5)(b) and (c)
9
Omit "de facto spouse", substitute "de facto partner".
10
26 Paragraph 120(5)(f)
11
Omit "de facto spouse", substitute "de facto partner".
12
27 Paragraphs 121(6)(b) and (c)
13
Omit "de facto spouse", substitute "de facto partner".
14
28 Paragraph 121(6)(f)
15
Omit "de facto spouse", substitute "de facto partner".
16
29 Paragraph 134(1)(ma)
17
After "spouse", insert "or de facto partner".
18
30 At the end of paragraph 134(1)(ma)
19
Add:
20
Note:
See also subsection 5(6).
21
31 Section 139K (definition of spouse)
22
Omit "de facto spouse", substitute "de facto partner".
23
32 At the end of subsection 265(2)
24
Add:
25
Note:
See also subsection 5(6).
26
Attorney-General Schedule 2
Amend ment of other Acts Part 2
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 15
33 At the end of subsection 268(6)
1
Add:
2
Note:
See also subsection 5(6).
3
Crimes Act 1914
4
34 Subsection 3(1)
5
Insert:
6
child: without limiting who is a child of a person for the purposes
7
of this Act, someone is the child of a person if he or she is the
8
product of a relationship the person has or had as a couple with
9
another person (whether of the same sex or a different sex). For
10
this purpose, someone cannot be the product of a relationship
11
unless he or she is the biological child of at least one of the persons
12
in the relationship or was born to a woman in the relationship.
13
35 Subsection 3(1)
14
Insert:
15
de facto partner has the meaning given by the Acts Interpretation
16
Act 1901.
17
36 Subsection 3(1)
18
Insert:
19
parent: without limiting who is a parent of a person for the
20
purposes of this Act, someone (the adult) is the parent of a person
21
if:
22
(a) the adult is legally entitled to, and has, custody of the person;
23
or
24
(b) the adult is legally responsible for the day-to-day care,
25
welfare and development of the person and has the person in
26
his or her care; or
27
(c) all of the following apply:
28
(i) the person is the adult's child because of the definition
29
of child in this section;
30
(ii) the person is not the adult's biological or adopted child;
31
(iii) there is no order of a court that stops the adult being
32
legally entitled to custody of the person;
33
Schedule 2 Attorney-General
Part 2 A mend ment of other Acts
16 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
(iv) the person is in the adult's custody; or
1
(d) all of the following apply:
2
(i) the person is the adult's child because of the definition
3
of child in this section;
4
(ii) the person is not the adult's biological or adopted child;
5
(iii) there is no order of a court that stops the adult being
6
legally responsible for the day-to-day care, welfare and
7
development of the person;
8
(iv) the adult has the person in his or her care.
9
37 Subsection 3(1)
10
Insert:
11
relative has a meaning affected by subsection (3).
12
38 At the end of section 3
13
Add:
14
(3) For the purposes of this Act, the relatives of a person are taken to
15
include the following (without limitation):
16
(a) a de facto partner of the person;
17
(b) someone who is the child of the person, or of whom the
18
person is the child, because of the definition of child in this
19
section;
20
(c) anyone else who would be a relative of the person if someone
21
mentioned in paragraph (a) or (b) is taken to be a relative of
22
the person.
23
39 At the end of section 16A
24
Add:
25
(4) For the purposes of a reference in this section to a family, the
26
members of a person's family are taken to include the following
27
(without limitation):
28
(a) a de facto partner of the person;
29
(b) someone who is the child of the person, or of whom the
30
person is the child, because of the definition of child in
31
section 3;
32
Attorney-General Schedule 2
Amend ment of other Acts Part 2
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 17
(c) anyone else who would be a member of the person's family if
1
someone mentioned in paragraph (a) or (b) is taken to be a
2
member of the person's family.
3
40 Subsection 23WA(1) (definition of parent)
4
Repeal the definition.
5
Crimes (Superannuation Benefits) Act 1989
6
41 At the end of section 10
7
Add:
8
(3) For the purposes of paragraph (2)(e), family relationships are taken
9
to include the following (without limitation):
10
(a) relationships between de facto partners (within the meaning
11
of the Acts Interpretation Act 1901);
12
(b) relationships of child and parent that arise if someone is the
13
child of a person because of the definition of child in this
14
section;
15
(c) relationships traced through relationships mentioned in
16
paragraphs (a) and (b).
17
(4) In this section:
18
child: without limiting who is a child of a person for the purposes
19
of this section, someone is the child of a person if he or she is the
20
product of a relationship the person has or had as a couple with
21
another person (whether of the same sex or a different sex). For
22
this purpose, someone cannot be the product of a relationship
23
unless he or she is the biological child of at least one of the persons
24
in the relationship or was born to a woman in the relationship.
25
42 Application
26
The amendment of the Crimes (Superannuation Benefits) Act 1989
27
made by this Part applies in relation to an application for a
28
superannuation order or a restraining order made on or after the
29
commencement of this item.
30
Customs Act 1901
31
43 Subsection 4(1)
32
Schedule 2 Attorney-General
Part 2 A mend ment of other Acts
18 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
Insert:
1
child: without limiting who is a child of a person for the purposes
2
of this Act, each of the following is the child of a person:
3
(a) an adopted child or exnuptial child of the person;
4
(b) someone who is the product of a relationship the person has
5
or had as a couple with another person (whether of the same
6
sex or a different sex).
7
For the purposes of paragraph (b), someone cannot be the product
8
of a relationship unless he or she is the biological child of at least
9
one of the persons in the relationship or was born to a woman in
10
the relationship.
11
44 Subsection 4(1)
12
Insert:
13
parent: without limiting who is a parent of a person for the
14
purposes of this Act, someone is the parent of a person if the
15
person is his or her child because of the definition of child in this
16
subsection.
17
45 After section 4
18
Insert:
19
4AAA Members of family
20
For the purposes of this Act, the members of a person's family are
21
taken to include the following (without limitation):
22
(a) a de facto partner of the person (within the meaning of the
23
Acts Interpretation Act 1901);
24
(b) someone who is the child of the person, or of whom the
25
person is the child, because of the definition of child in
26
section 4;
27
(c) anyone else who would be a member of the person's family if
28
someone mentioned in paragraph (a) or (b) is taken to be a
29
member of the person's family.
30
46 Subparagraph 154(3)(a)(i)
31
Repeal the subparagraph, substitute:
32
(i) they are members of the same family; or
33
Attorney-General Schedule 2
Amend ment of other Acts Part 2
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 19
47 At the end of subsection 154(3)
1
Add:
2
Note:
In relation to the reference to member of a family in
3
subparagraph (3)(a)(i), see also section 4AAA.
4
48 At the end of sections 219ZJB and 219ZJC
5
Add:
6
Note:
In relation to references in this section to family member, see also
7
section 4AAA.
8
49 At the end of section 243AB
9
Add:
10
(3) For the purposes of paragraph (2)(e), family relationships are taken
11
to include (without limitation) relationships between persons
12
covered by section 4AAA.
13
50 Subparagraph 269TAA(4)(a)(i)
14
Repeal the subparagraph, substitute:
15
(i) they are members of the same family; or
16
51 At the end of subsection 269TAA(4)
17
Add:
18
Note:
In relation to the reference to member of a family in
19
subparagraph (4)(a)(i), see also section 4AAA.
20
52 Application
21
Amendments of section 154
22
(1)
The amendments of section 154 of the Customs Act 1901 made by this
23
Part apply in relation to goods imported into Australia on or after the
24
commencement of this item.
25
Amendments affecting Part XIII
26
(2)
The amendments of Part I of the Customs Act 1901 made by this Part
27
apply in relation to proceedings instituted under section 243B of that
28
Act on or after the commencement of this item.
29
Schedule 2 Attorney-General
Part 2 A mend ment of other Acts
20 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
(3)
Subitem (2) does not limit the operation of the amendments of Part I of
1
the Customs Act 1901 made by this Part in relation to other provisions
2
of that Act.
3
High Court Justices (Long Leave Payments) Act 1979
4
53 Paragraphs 5(2)(a) and (b)
5
Omit "widow or widower" (wherever occurring), substitute "surviving
6
spouse or de facto partner".
7
54 After subsection 5(2)
8
Insert:
9
(2A) If an amount is payable under paragraph (2)(a) and the Justice
10
leaves more than one surviving spouse or de facto partner, the
11
Attorney-General may give a direction as to the distribution of the
12
amount between or among them.
13
55 At the end of section 5
14
Add:
15
(5) In this section:
16
surviving spouse or de facto partner of a Justice who has died
17
means a person who was the spouse or de facto partner (within the
18
meaning of the Acts Interpretation Act 1901) of the Justice
19
immediately before he or she died.
20
56 Application
21
The amendments of the High Court Justices (Long Leave Payments) Act
22
1979 made by this Part apply in respect of a Justice who dies on or after
23
the commencement of this item.
24
Judges (Long Leave Payments) Act 1979
25
57 Paragraphs 5(2)(a) and (b)
26
Omit "widow or widower" (wherever occurring), substitute "surviving
27
spouse or de facto partner".
28
58 After subsection 5(2)
29
Attorney-General Schedule 2
Amend ment of other Acts Part 2
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 21
Insert:
1
(2A) If an amount is payable under paragraph (2)(a) and the Judge
2
leaves more than one surviving spouse or de facto partner, the
3
Attorney-General may give a direction as to the distribution of the
4
amount between or among them.
5
59 At the end of section 5
6
Add:
7
(5) In this section:
8
surviving spouse or de facto partner of a Judge who has died
9
means a person who was the spouse or de facto partner (within the
10
meaning of the Acts Interpretation Act 1901) of the Judge
11
immediately before he or she died.
12
60 Application
13
The amendments of the Judges (Long Leave Payments) Act 1979 made
14
by this Part apply in respect of a Judge who dies on or after the
15
commencement of this item.
16
Passenger Movement Charge Collection Act 1978
17
61 Section 3 (definition of child)
18
Repeal the definition, substitute:
19
child: without limiting who is a child of a person for the purposes
20
of this Act, each of the following who is under 18 years old is the
21
child of a person:
22
(a) an adopted child, stepchild or exnuptial child of the person;
23
(b) someone who is the product of a relationship the person has
24
or had as a couple with another person (whether of the same
25
sex or a different sex).
26
For the purposes of paragraph (b), someone cannot be the product
27
of a relationship unless he or she is the biological child of at least
28
one of the persons in the relationship or was born to a woman in
29
the relationship.
30
62 Section 3
31
Insert:
32
Schedule 2 Attorney-General
Part 2 A mend ment of other Acts
22 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
de facto partner has the meaning given by the Acts Interpretation
1
Act 1901.
2
63 Section 3 (definition of spouse)
3
Repeal the definition, substitute:
4
spouse of a person includes a de facto partner of the person.
5
64 Section 3
6
Insert:
7
stepchild: without limiting who is a stepchild of a person for the
8
purposes of this Act, someone is the stepchild of a person if he or
9
she would be the person's stepchild except that the person is not
10
legally married to the person's de facto partner.
11
Proceeds of Crime Act 2002
12
65 Paragraphs 180(1)(c) and 181(1)(c)
13
Omit "(including de facto spouse)", substitute "or
*
de facto partner".
14
66 At the end of section 337
15
Add:
16
(6) For the purposes of this section, family relationships are taken to
17
include the following (without limitation):
18
(a) relationships between
*
de facto partners;
19
(b) relationships of child and parent that arise if someone is the
20
child of a person because of the definition of child in
21
section 338;
22
(c) relationships traced through relationships mentioned in
23
paragraphs (a) and (b).
24
67 Section 338
25
Insert:
26
child: without limiting who is a child of a person for the purposes
27
of this Act, someone is the child of a person if he or she is the
28
product of a relationship the person has or had as a couple with
29
another person (whether of the same sex or a different sex). For
30
this purpose, someone cannot be the product of a relationship
31
Attorney-General Schedule 2
Amend ment of other Acts Part 2
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 23
unless he or she is the biological child of at least one of the persons
1
in the relationship or was born to a woman in the relationship.
2
68 Section 338
3
Insert:
4
de facto partner has the meaning given by the Acts Interpretation
5
Act 1901.
6
69 Section 338 (paragraph (a) of the definition of dependant)
7
Omit "de facto partner", substitute "
*
de facto partner".
8
70 Section 338 (paragraph (b) of the definition of dependant)
9
Omit "child", substitute "
*
child".
10
71 Section 338
11
Insert:
12
parent: without limiting who is a parent of a person for the
13
purposes of this Act, someone is the parent of a person if the
14
person is his or her child because of the definition of child in this
15
section.
16
72 Application
17
The amendments of the Proceeds of Crime Act 2002 made by this Part
18
apply in relation to a proceeding under that Act instituted on or after the
19
commencement of this item.
20
Service and Execution of Process Act 1992
21
73 Section 95
22
Insert:
23
child: without limiting who is a child of a person for the purposes
24
of this Act, someone is the child of a person if he or she is the
25
product of a relationship the person has or had as a couple with
26
another person (whether of the same sex or a different sex). For
27
this purpose, someone cannot be the product of a relationship
28
unless he or she is the biological child of at least one of the persons
29
in the relationship or was born to a woman in the relationship.
30
Schedule 2 Attorney-General
Part 2 A mend ment of other Acts
24 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
74 Section 95
1
Insert:
2
parent: without limiting who is a parent of a person for the
3
purposes of this Act, someone is the parent of a person if the
4
person is his or her child because of the definition of child in this
5
subsection.
6
75 At the end of section 96
7
Add:
8
(5) For the purposes of this section, the members of a person's family
9
are taken to include the following (without limitation):
10
(a) a de facto partner of the person (within the meaning of the
11
Acts Interpretation Act 1901);
12
(b) someone who is the child of the person, or of whom the
13
person is the child, because of the definition of child in
14
section 3;
15
(c) anyone else who would be a member of the person's family if
16
someone mentioned in paragraph (a) or (b) is taken to be a
17
member of the person's family.
18
Sex Discrimination Act 1984
19
76 Subsection 4A(2) (definition of child)
20
Repeal the definition, substitute:
21
child: without limiting who is a child of a person for the purposes
22
of this section, each of the following is the child of a person:
23
(a) an adopted child, stepchild or exnuptial child of the person;
24
(b) someone who is the product of a relationship the person has
25
or had as a couple with another person (whether of the same
26
sex or a different sex).
27
For the purposes of paragraph (b), someone cannot be the product
28
of a relationship unless he or she is the biological child of at least
29
one of the persons in the relationship or was born to a woman in
30
the relationship.
31
77 Subsection 4A(2)
32
Insert:
33
Attorney-General Schedule 2
Amend ment of other Acts Part 2
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 25
de facto partner has the meaning given by the Acts Interpretation
1
Act 1901.
2
78 Subsection 4A(2)
3
Insert:
4
parent: without limiting who is a parent of a person for the
5
purposes of this section, someone is the parent of a person if the
6
person is his or her child because of paragraph (b) of the definition
7
of child in this subsection.
8
79 Subsection 4A(2) (definition of spouse)
9
Repeal the definition, substitute:
10
spouse includes a former spouse, a de facto partner and a former
11
de facto partner.
12
80 Subsection 4A(2)
13
Insert:
14
stepchild: without limiting who is a stepchild of a person for the
15
purposes of this section, someone is the stepchild of the person if
16
he or she would be the person's stepchild except that the person is
17
not legally married to the partner.
18
81 At the end of section 4A
19
Add:
20
(3) For the purposes of this section, if one person is the child of
21
another person because of paragraph (b) of the definition of child
22
in subsection (2), relationships traced to or through the person are
23
to be determined on the basis that the person is the child of the
24
other person.
25
82 After subsection 9(10)
26
Insert:
27
(10A) Subsection 14(3A) has effect in relation to discrimination
28
involving dismissal of employees on the ground of family
29
responsibilities, to the extent that the subsection gives effect to any
30
of the following instruments:
31
Schedule 2 Attorney-General
Part 2 A mend ment of other Acts
26 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
(a) the International Covenant on Civil and Political Rights done
1
at New York on 16 December 1966 [1980] ATS 23 (a copy
2
of the English text of which is set out in Schedule 2 to the
3
Human Rights and Equal Opportunity Commission Act
4
1986);
5
(b) the International Covenant on Economic, Social and Cultural
6
Rights done at New York on 16 December 1966 [1976] ATS
7
5;
8
(c) ILO Convention (No. 111) concerning Discrimination in
9
respect of Employment and Occupation done at Geneva on
10
25 June 1958 [1974] ATS 12 (a copy of the English text of
11
which is set out in Schedule 1 to the Human Rights and
12
Equal Opportunity Commission Act 1986);
13
(d) the Convention on the Rights of the Child done at New York
14
on 20 November 1989 [1991] ATS 4.
15
Note:
In 2008, the text of international agreements in the Australian
16
Treaty Series was accessible through the Australian Treaties
17
Library on the AustLII website (www.austlii.edu.au).
18
83 At the end of subsection 10(1)
19
Add "or (10A)".
20
84 After section 11
21
Insert:
22
11A Operation of State and Te rritory laws that further objects of
23
other instrume nts
24
(1) A reference in this section to this Act is a reference to this Act as it
25
has effect because of subsection 9(10A).
26
(2) A reference in this section to a law of a State or Territory is a
27
reference to a law of a State or Territory that deals with
28
discrimination involving dismissal of employees on the ground of
29
family responsibilities.
30
(3) This Act is not intended to exclude or limit the operation of a law
31
of a State or Territory that furthers the objects of a relevant
32
instrument and is capable of operating concurrently with this Act.
33
(4) If:
34
Attorney-General Schedule 2
Amend ment of other Acts Part 2
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 27
(a) a law of a State or Territory that furthers the objects of a
1
relevant instrument deals with a matter dealt with by this Act;
2
and
3
(b) a person has made a complaint, instituted a proceeding or
4
taken any other action under that law in respect of an act or
5
omission in respect of which the person would, but for this
6
subsection, have been entitled to make a complaint under the
7
Human Rights and Equal Opportunity Commission Act 1986
8
alleging that the act or omission is unlawful under subsection
9
14(3A) of this Act;
10
the person is not entitled to make a complaint or institute a
11
proceeding under the Human Rights and Equal Opportunity
12
Commission Act 1986 alleging that the act or omission is unlawful
13
under that subsection.
14
(5) If:
15
(a) a law of a State or Territory that furthers the objects of a
16
relevant instrument deals with a matter dealt with by this Act;
17
and
18
(b) an act or omission by a person that constitutes an offence
19
against that law also constitutes an offence against this Act;
20
the person may be prosecuted and convicted either under that law
21
of the State or Territory or under this Act, but nothing in this
22
subsection renders a person liable to be punished more than once in
23
respect of the same act or omission.
24
(6) In this section:
25
relevant instrument means an instrument referred to in subsection
26
9(10A).
27
Witness Protection Act 1994
28
85 Section 3
29
Insert:
30
parent: without limiting who is a parent of anyone for the purposes
31
of this Act, a person is the parent of another person if the other
32
person is the product of a relationship the person has or had as a
33
couple with a third person (whether of the same sex or a different
34
sex). For this purpose, the other person cannot be the product of the
35
relationship unless he or she is the biological child of at least one
36
Schedule 2 Attorney-General
Part 2 A mend ment of other Acts
28 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
of the person and the third person or was born to a woman in the
1
relationship.
2
3
Attorney-General Schedule 2
Regulations Part 3
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 29
1
Part 3
--
Regulations
2
86 Regulations may deal with transitional, saving or
3
application matters
4
The Governor-General may make regulations prescribing matters of a
5
transitional nature (including prescribing any saving or application
6
provisions) relating to amendments and repeals made by this Schedule
7
or any other Schedule to this Act.
8
9
Schedule 3 Broadband, Co mmunications and the Digital Econo my
30 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
1
Schedule 3
--
Broadband, Communications
2
and the Digital Economy
3
4
Australian Postal Corporation Act 1989
5
1 At the end of subsection 90K(2)
6
Add:
7
Note:
See also subsection (6).
8
2 At the end of section 90K
9
Add:
10
Next of kin
11
(6) In determining for the purposes of subsection (2) whether a person
12
is next of kin of another person, the following persons are also to
13
be taken into account:
14
(a) a de facto partner of the person within the meaning of the
15
Acts Interpretation Act 1901;
16
(b) someone who is the child of the person, or of whom the
17
person is the child, because of subsection (7);
18
(c) anyone else who would be a relative of the person because
19
someone mentioned in paragraph (a) or (b) is taken into
20
account.
21
(7) For the purposes of paragraph (6)(b), someone is the child of a
22
person because of this subsection if he or she is the product of a
23
relationship the person has or had as a couple with another person
24
(whether of the same sex or a different sex). For this purpose,
25
someone cannot be the product of a relationship unless he or she is
26
the biological child of at least one of the persons in the relationship
27
or was born to a woman in the relationship.
28
Broadcasting Services Act 1992
29
3 Subsection 6(1) (paragraph (a) of the definition of
30
associate)
31
Omit "(including a de facto spouse)".
32
Broadband, Co mmun ications and the Digital Econo my Schedule 3
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 31
4 Subsection 6(1) (note at the end of the definition of
1
associate)
2
Omit "Note", substitute "Note 1".
3
5 Subsection 6(1) (at the end of the definition of associate)
4
Add:
5
Note 2:
See also subsection (3).
6
6 Subsection 6(1)
7
Insert:
8
child: without limiting who is a child of a person for the purposes
9
of this Act, someone is the child of a person if he or she is the
10
product of a relationship the person has or had as a couple with
11
another person (whether of the same sex or a different sex). For
12
this purpose, someone cannot be the product of a relationship
13
unless he or she is the biological child of at least one of the persons
14
in the relationship or was born to a woman in the relationship.
15
7 Subsection 6(1)
16
Insert:
17
parent: without limiting who is a parent of a person for the
18
purposes of this Act, someone is the parent of a person if the
19
person is his or her child because of the definition of child in this
20
section.
21
8 Subsection 6(1)
22
Insert:
23
spouse of a person includes a de facto partner of the person within
24
the meaning of the Acts Interpretation Act 1901.
25
9 At the end of section 6
26
Add:
27
(3) For the purposes of paragraph (a) of the definition of associate in
28
subsection (1), if one person is the child of another person because
29
of the definition of child in this section, relationships traced to or
30
through the person are to be determined on the basis that the person
31
is the child of the other person.
32
Schedule 3 Broadband, Co mmunications and the Digital Econo my
32 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
10 Transitional provision
1
For the purposes of the Broadcasting Services Act 1992, if:
2
(a) apart from this item, a person would be in a position to
3
exercise control of a licence, a newspaper or a company on
4
the day on which the amendments of that Act made by this
5
Schedule commence; and
6
(b) the person would be in that position only because of the
7
amendments;
8
the person is, during the period of 6 months starting on the day on
9
which the amendments commence, taken not to be in that position for
10
so long as the person would otherwise have been in that position.
11
Telstra Corporation Act 1991
12
11 Clause 2 of the Schedule
13
Before "In Part 2A", insert "(1)".
14
12 Clause 2 of the Schedule
15
Insert:
16
child: without limiting who is a child of a person for the purposes
17
of Part 2A and this Schedule, someone is the child of a person if he
18
or she is the product of a relationship the person has or had as a
19
couple with another person (whether of the same sex or a different
20
sex). For this purpose, someone cannot be the product of a
21
relationship unless he or she is the biological child of at least one
22
of the persons in the relationship or was born to a woman in the
23
relationship.
24
13 Clause 2 of the Schedule
25
Insert:
26
parent: without limiting who is a parent of a person for the
27
purposes of Part 2A and this Schedule, someone is the parent of a
28
person if the person is his or her child because of the definition of
29
child in this clause.
30
14 Clause 2 of the Schedule (paragraph (b) of the definition
31
of relative)
32
Repeal the paragraph, substitute:
33
Broadband, Co mmun ications and the Digital Econo my Schedule 3
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 33
(b) a de facto partner of the person within the meaning of the
1
Acts Interpretation Act 1901; or
2
15 Clause 2 of the Schedule (paragraph (d) of the definition
3
of relative)
4
Omit "son, daughter", substitute "child".
5
16 Clause 2 of the Schedule (at the end of the definition of
6
relative)
7
Add:
8
Note:
See also subclause (2).
9
17 At the end of clause 2 of the Schedule
10
Add:
11
(2) For the purposes of paragraphs (c), (d) and (e) of the definition of
12
relative in subclause (1), if one person is the child of another
13
person because of the definition of child in that subclause,
14
relationships traced to or through the person are to be determined
15
on the basis that the person is the child of the other person.
16
18 Transitional provision
17
(1)
For the purposes of sections 8BI and 8BJ of the Telstra Corporation Act
18
1991, if:
19
(a) apart from this subitem, an unacceptable foreign-ownership
20
situation would exist on the day on which the amendments of
21
that Act made by this Schedule commence; and
22
(b) the situation would exist only because of the amendments;
23
the situation is, during the period of 6 months starting on the day on
24
which the amendments commence, taken not to exist for so long as it
25
would otherwise have existed.
26
(2)
If:
27
(a) on the day on which the amendments of the Telstra
28
Corporation Act 1991 made by this Schedule commence, a
29
person would, apart from this subitem, be required by
30
regulations made for the purposes of section 8BN of that Act
31
to do something in relation to an ownership matter; and
32
(b) the person would not have been required to do that thing if
33
the amendments had not been made;
34
Schedule 3 Broadband, Co mmunications and the Digital Econo my
34 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
the person is, during the period of 6 months starting on the day on
1
which the amendments commence, taken not to be required to do that
2
thing for so long as the person would otherwise have been required to
3
do that thing.
4
5
Defence Schedule 4
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 35
1
Schedule 4
--
Defence
2
3
Defence Force (Home Loans Assistance) Act 1990
4
1 Section 3
5
Before "In this Act", insert "(1)".
6
2 Section 3 (definition of child)
7
Repeal the definition, substitute:
8
child: without limiting who is a child of a person for the purposes
9
of this Act, someone is the child of a person if:
10
(a) he or she is:
11
(i) a legally adopted child or a stepchild of the person; or
12
(ii) the product of a relationship the person has or had as a
13
couple with another person (whether of the same sex or
14
a different sex); and
15
(b) he or she is:
16
(i) under 16; or
17
(ii) a student.
18
Note:
See also subsection 3(2).
19
3 Section 3
20
Insert:
21
de facto partner has the meaning given by the Acts Interpretation
22
Act 1901.
23
4 Section 3
24
Insert:
25
parent: without limiting who is a parent of a person for the
26
purposes of this Act, someone is the parent of a person if the
27
person is his or her child because of the definition of child in this
28
subsection.
29
5 Section 3 (definition of spouse)
30
Repeal the definition.
31
Schedule 4 Defence
36 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
6 Section 3
1
Insert:
2
surviving spouse or de facto partner, in relation to a deceased
3
person, means a person who was the spouse or de facto partner of
4
the deceased person immediately before the deceased person's
5
death.
6
Note:
See also section 8.
7
7 Section 3 (definition of widow)
8
Repeal the definition (including the note).
9
8 Section 3 (definition of widower)
10
Repeal the definition (including the note).
11
9 At the end of section 3
12
Add:
13
(2) For the purposes of subparagraph (a)(ii) of the definition of child
14
in subsection (1), someone cannot be the product of a relationship
15
unless he or she is the biological child of at least one of the persons
16
in the relationship or was born to a woman in the relationship.
17
10 Paragraphs 5(1)(b) and (c)
18
After "spouse", insert ", de facto partner".
19
11 Paragraphs 6(a), (b) and (c)
20
After "spouse", insert "or de facto partner".
21
12 Section 8
22
Repeal the section, substitute:
23
8 Multiple surviving spouses or de facto partne rs
24
(1) If a deceased person has more than one surviving spouse or
25
de facto partner, the surviving spouse or de facto partner who was
26
living with the person immediately before his or her death is taken,
27
for the purposes of Division 1 of Part 2 and paragraph 29(h), to be
28
the person's sole surviving spouse or de facto partner.
29
Defence Schedule 4
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 37
(2) For the purposes of subsection (1), the person is taken to have been
1
living with a spouse or de facto partner immediately before the
2
death of the person if they were not living together at that time
3
only because of:
4
(a) a temporary absence from each other; or
5
(b) illness or infirmity of either or both of them.
6
13 Subsection 10(3)
7
Omit "widow or widower", substitute "surviving spouse or de facto
8
partner".
9
14 Subparagraph 12(1)(b)(ii)
10
Omit "widow or widower", substitute "surviving spouse or de facto
11
partner".
12
15 Subsection 12(3)
13
Omit "widow or widower", substitute "surviving spouse or de facto
14
partner".
15
16 Application provision
16
The amendments of sections 10 and 12 of the Defence Force (Home
17
Loans Assistance) Act 1990 made by this Schedule apply in relation to
18
an application for an entitlement certificate made on or after the
19
commencement of this Schedule.
20
17 Subsection 14(4)
21
Omit "widow or widower", substitute "surviving spouse or de facto
22
partner".
23
18 Paragraph 15(1)(b)
24
After "spouse", insert "or de facto partner".
25
19 Paragraphs 17(1)(a) and (b)
26
After "spouse", insert "or de facto partner".
27
20 Paragraph 17(1)(b)
28
After "spouse's", insert "or de facto partner's".
29
21 Paragraph 18(1)(b)
30
Schedule 4 Defence
38 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
After "spouse", insert "or de facto partner".
1
22 Application provision
2
The amendments of sections 14, 15, 17 and 18 of the Defence Force
3
(Home Loans Assistance) Act 1990 made by this Schedule apply in
4
relation to an application made under section 14 of that Act on or after
5
the commencement of this Schedule.
6
23 Paragraph 20(2)(d)
7
After "spouse", insert "or de facto partner".
8
24 Application provision
9
If:
10
(a) a person is an entitled person immediately before the
11
commencement of the amendment of paragraph 20(2)(d) of
12
the Defence Force (Home Loans Assistance) Act 1990 made
13
by this Schedule; and
14
(b) apart from this item, subsidy would not become payable to
15
the person on a loan on or after that commencement; and
16
(c) subsidy would not become payable to the person on the loan
17
only because of the amendment;
18
the amendment does not apply in respect of the person and the loan.
19
25 Subparagraph 20(2)(e)(i)
20
After "spouse" (wherever occurring), insert "or de facto partner".
21
26 Subsections 24(1), (2) and (3)
22
Omit "widow or widower" (wherever occurring), substitute "surviving
23
spouse or de facto partner".
24
27 Subsection 24(4)
25
Insert:
26
surviving spouse or de facto partner does not include a surviving
27
spouse or de facto partner who is an eligible person.
28
28 Subsection 24(4) (definition of widow or widower)
29
Repeal the definition.
30
Defence Schedule 4
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 39
29 Subsection 26(1)
1
After "spouse", insert "or de facto partner".
2
Note:
The heading to section 26 is altered by adding at the end "or de facto partners".
3
30 Subsection 26(2)
4
After "spouses", insert "or de facto partners".
5
31 Subparagraph 26(2)(a)(i)
6
After "spouse", insert "or de facto partner".
7
32 Subparagraph 26(2)(a)(ii)
8
Omit "widow or widower", substitute "surviving spouse or de facto
9
partner".
10
33 Paragraph 26(2)(b)
11
Omit "widow or widower", substitute "surviving spouse or de facto
12
partner".
13
34 Paragraph 29(c)
14
After "spouse", insert "or de facto partner".
15
35 Application provision
16
To avoid doubt, the amendment of paragraph 29(c) of the Defence
17
Force (Home Loans Assistance) Act 1990 made by this Schedule does
18
not apply in relation to a subsidised loan on a property where the
19
ownership of the property was converted from a joint tenancy into a
20
tenancy in common with effect before the commencement of the
21
amendment.
22
36 Paragraph 29(d)
23
Omit "person's spouse or former spouse, or to the person and his or her
24
former spouse", substitute "person's spouse or de facto partner, or
25
former spouse or former de facto partner, or to the person and his or her
26
former spouse or former de facto partner".
27
37 Paragraph 29(g)
28
Omit "is not survived by a widow or widower", substitute "does not
29
have a surviving spouse or de facto partner".
30
Schedule 4 Defence
40 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
38 Paragraph 29(h)
1
Omit "widow or widower", substitute "surviving spouse or de facto
2
partner".
3
39 Paragraph 30(1)(a)
4
Omit "is survived by a widow or widower", substitute "has a surviving
5
spouse or de facto partner".
6
40 Paragraph 30(1)(b)
7
Omit "surviving widow or widower", substitute "surviving spouse or
8
de facto partner".
9
41 Paragraph 30(2)(a)
10
Omit "is survived by a widow or widower", substitute "has a surviving
11
spouse or de facto partner".
12
42 Paragraph 30(3)(b)
13
Omit "surviving widow or widower", substitute "surviving spouse or
14
de facto partner".
15
43 Paragraph 30(4)(b)
16
Omit "surviving widow or widower who was legally married to the
17
borrower", substitute "surviving spouse or de facto partner".
18
44 Paragraph 30(4)(d)
19
Omit "surviving widow or widower", substitute "surviving spouse or
20
de facto partner".
21
45 Subsection 30(6)
22
Omit "widow or widower", substitute "surviving spouse or de facto
23
partner".
24
46 Paragraph 36A(1)(d)
25
Omit "widow or widower", substitute "surviving spouse or de facto
26
partner".
27
Defence (Parliamentary Candidates) Act 1969
28
47 Subsection 16(3)
29
Defence Schedule 4
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 41
Repeal the subsection, substitute:
1
(3) For the purposes of this section, the members of a family, in
2
relation to any person, are taken to include the following (without
3
limitation):
4
(a) a de facto partner of the person (within the meaning of the
5
Acts Interpretation Act 1901);
6
(b) someone who is the child of the person, or of whom the
7
person is the child, because of the definition of child in
8
subsection (4);
9
(c) anyone else who would be a member of the person's family if
10
someone mentioned in paragraph (a) or (b) is taken to be a
11
member of the person's family.
12
(4) In this section:
13
child: without limiting who is a child of a person for the purposes
14
of subsection (3), someone is the child of a person if he or she is
15
the product of a relationship the person has or had as a couple with
16
another person (whether of the same sex or a different sex). For
17
this purpose, someone cannot be the product of a relationship
18
unless he or she is the biological child of at least one of the persons
19
in the relationship or was born to a woman in the relationship.
20
dependent means wholly or substantially dependent.
21
Royal Australian Air Force Veterans' Residences Act 1953
22
48 Section 2
23
Insert:
24
de facto partner of a person has the meaning given by the Acts
25
Interpretation Act 1901.
26
49 Section 2 (at the end of paragraphs (a), (b) and (c) of the
27
definition of eligible person)
28
Add "or".
29
50 Section 2 (paragraphs (d), (e) and (f) of the definition of
30
eligible person)
31
Repeal the paragraphs, substitute:
32
Schedule 4 Defence
42 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
(d) a surviving spouse or de facto partner of a person referred to
1
in paragraph (a), (b) or (c); or
2
(e) a parent of a former member referred to in paragraph (a), (b)
3
or (c), if:
4
(i) the former member is deceased and does not have a
5
surviving spouse or de facto partner; and
6
(ii) the parent is the surviving spouse or de facto partner of
7
another person who has died; and
8
(iii) the parent was, at the time of the former member's
9
appointment to, or enlistment in, the Force or Service
10
referred to in paragraph (a), (b) or (c), dependent on the
11
former member; or
12
(f) a parent of a former member referred to in paragraph (a), (b)
13
or (c), if:
14
(i) the former member is deceased and does not have a
15
surviving spouse or de facto partner; or
16
(ii) the parent has a spouse or de facto partner who is so
17
incapacitated as to be unable to contribute materially to
18
the support of the parent.
19
51 Section 2
20
Insert:
21
parent: without limiting who is a parent of anyone for the purposes
22
of this Act, a person is the parent of another person if the other
23
person is the product of a relationship the person has or had as a
24
couple with a third person (whether of the same sex or a different
25
sex). For this purpose, the other person cannot be the product of the
26
relationship unless he or she is the biological child of at least one
27
of the person or the third person or was born to a woman in the
28
relationship.
29
52 Section 2
30
Insert:
31
surviving spouse or de facto partner, in relation to a deceased
32
person, means a person who was the spouse or de facto partner of
33
the deceased person immediately before the deceased's death.
34
53 Application provision
35
Defence Schedule 4
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 43
The amendments of the Royal Australian Air Force Veterans'
1
Residences Act 1953 made by this Schedule apply in relation to a person
2
referred to in paragraph (a), (b) or (c) of the definition of eligible person
3
in section 2 of that Act who dies on or after the commencement of this
4
Schedule.
5
6
Schedule 5 Education, Employ ment and Workplace Relations
44 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
1
Schedule 5
--
Education, Employment and
2
Workplace Relations
3
4
Education Services for Overseas Students Act 2000
5
1 Subsection 6(1) (paragraphs (a), (b) and (c) of the definition
6
of associate)
7
Omit "de facto spouse", substitute "de facto partner".
8
2 Subsection 6(7)
9
Insert:
10
child: without limiting who is a child of a person for the purposes
11
of this section, someone is the child of a person if he or she is the
12
product of a relationship the person has or had as a couple with
13
another person (whether of the same sex or a different sex). For
14
this purpose, someone cannot be the product of a relationship
15
unless he or she is the biological child of at least one of the persons
16
in the relationship or was born to a woman in the relationship.
17
Note:
The heading to subsection 6(7) is replaced by the heading "Other definitions".
18
3 Subsection 6(7)
19
Insert:
20
de facto partner of a person has the meaning given by the Acts
21
Interpretation Act 1901.
22
4 Subsection 6(7)
23
Insert:
24
parent: without limiting who is a parent of a person for the
25
purposes of this section, someone is the parent of a person if the
26
person is his or her child because of the definition of child in this
27
section.
28
5 At the end of section 6
29
Add:
30
Education, Emp loyment and Workplace Relations Schedule 5
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 45
Certain family relationships
1
(8) For the purposes of paragraph (d) of the definition of associate in
2
subsection (1), if one person is the child of another person because
3
of the definition of child in this section, relationships traced to or
4
through the person are to be determined on the basis that the person
5
is the child of the other person.
6
Higher Education Support Act 2003
7
6 Clause 1 of Schedule 1
8
Before "In this Act", insert "(1)".
9
7 Clause 1 of Schedule 1 (paragraph (e) of the definition of
10
Overseas student)
11
After "spouse", insert ", de facto partner (within the meaning of the Acts
12
Interpretation Act 1901)".
13
8 Clause 1 of Schedule 1 (at the end of the definition of
14
Overseas student)
15
Add:
16
Note:
In relation to paragraph (e) of the definition of Overseas student, see
17
also subclause (2).
18
9 At the end of Schedule 1
19
Add:
20
(2) For the purposes of paragraph (e) of the definition of Overseas
21
student in subclause (1), a representative's relatives include
22
(without limitation):
23
(a) an exnuptial or adoptive child of the representative, or
24
someone of whom the representative is an exnuptial or
25
adoptive child; and
26
(b) someone who is a child of the representative, or of whom the
27
representative is a child, because of subclause (3); and
28
(c) relatives traced through relationships referred to in
29
paragraphs (a) and (b).
30
(3) For the purposes of paragraph (2)(b), one person is the child of
31
another person because of this subclause if he or she is the product
32
of a relationship the other person has or had as a couple with a
33
Schedule 5 Education, Employ ment and Workplace Relations
46 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
third person (whether of the same sex or a different sex). For this
1
purpose, he or she cannot be the product of the relationship unless
2
he or she is the biological child of at least one of the persons or
3
was born to a woman in the relationship.
4
Judicial and Statutory Officers (Remuneration and
5
Allowances) Act 1984
6
10 After subsections 4(4A) and 6(4A)
7
Insert:
8
(4B) For the purposes of subsection (4A), spouse includes a de facto
9
partner of a person within the meaning of the Acts Interpretation
10
Act 1901.
11
Safety, Rehabilitation and Compensation Act 1988
12
11 Subsection 4(1)
13
Insert:
14
child: without limiting who is a child of a person for the purposes
15
of this Act, someone is the child of a person if he or she is the
16
product of a relationship the person has or had as a couple with
17
another person (whether of the same sex or a different sex). For
18
this purpose, someone cannot be the product of a relationship
19
unless he or she is the biological child of at least one of the persons
20
in the relationship or was born to a woman in the relationship.
21
12 Subsection 4(1)
22
Insert:
23
de facto partner of a person has the meaning given by the Acts
24
Interpretation Act 1901.
25
13 Subsection 4(1) (paragraph (a) of the definition of
26
dependant)
27
Education, Emp loyment and Workplace Relations Schedule 5
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 47
Omit "father, mother, step-father, step-mother, father-in-law,
1
mother-in-law, grandfather, grandmother, son, daughter, step-son,
2
step-daughter, grandson, grand-daughter, brother, sister, half-brother or
3
half-sister", substitute "parent, step-parent, father-in-law,
4
mother-in-law, grandparent, child, stepchild, grandchild, sibling or
5
half-sibling".
6
14 Subsection 4(1) (at the end of the definition of dependant)
7
Add:
8
Note:
See also subsection 4(2).
9
15 Subsection 4(1)
10
Insert:
11
parent: without limiting who is a parent of a person for the
12
purposes of this Act, someone is the parent of a person if the
13
person is his or her child because of the definition of child in this
14
section.
15
16 Subsection 4(1) (paragraph (a) of the definition of spouse)
16
Repeal the paragraph, substitute:
17
(a) in relation to an employee or a deceased employee--a person
18
who is, or immediately before the employee's death was, a
19
de facto partner of the employee; and
20
17 Subsection 4(1)
21
Insert:
22
stepchild: without limiting who is a stepchild of a person for the
23
purposes of this Act, someone who is a child of a de facto partner
24
of the person is the stepchild of the person if he or she would be
25
the person's stepchild except that the person is not legally married
26
to the partner.
27
18 Subsection 4(1)
28
Insert:
29
step-parent: without limiting who is a step-parent of a person for
30
the purposes of this Act, someone who is a de facto partner of a
31
parent of the person is the step-parent of the person if he or she
32
Schedule 5 Education, Employ ment and Workplace Relations
48 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
would be the person's step-parent except that he or she is not
1
legally married to the person's parent.
2
19 Subsection 4(2)
3
Repeal the subsection, substitute:
4
(2) For the purposes of this Act, relationships (including the
5
relationship of being family or being relatives) are taken to include
6
(without limitation):
7
(a) relationships between de facto partners; and
8
(b) relationships of child and parent that arise:
9
(i) if someone is an exnuptial or adoptive child of a person;
10
or
11
(ii) because of the definitions of child and parent in this
12
section; and
13
(c) relationships traced through relationships referred to in
14
paragraphs (a) and (b).
15
20 Subsection 4(6)
16
Omit "son or daughter", substitute "child".
17
21 Subparagraph 19(12)(b)(i)
18
Omit "father, mother, step-father, step-mother, father-in-law,
19
mother-in-law, grandfather, grandmother, son, daughter, step-son,
20
step-daughter, grandson, granddaughter, brother, sister, half-brother or
21
half-sister", substitute "parent, step-parent, father-in-law,
22
mother-in-law, grandparent, child, stepchild, grandchild, sibling or
23
half-sibling".
24
22 At the end of subsection 19(12)
25
Add:
26
Note:
In relation to subparagraph (12)(b)(i), see also subsection 4(2).
27
23 Subsection 19(13)
28
Repeal the subsection.
29
24 At the end of subsection 29(2)
30
Add:
31
Note:
In relation to paragraph (2)(d), see also subsection 4(2).
32
Education, Emp loyment and Workplace Relations Schedule 5
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 49
25 At the end of subsection 29(4)
1
Add:
2
Note:
In relation to paragraph (4)(f), see also subsection 4(2).
3
26 Application of amendments of the Safety, Rehabilitation
4
and Compensation Act 1988
5
(1)
The amendments of the Safety, Rehabilitation and Compensation Act
6
1988 made by this Schedule apply in relation to a payment made under
7
that Act on or after the commencement of the amendments, other than a
8
payment of a lump sum benefit to which subitem (2) applies.
9
(2)
The amendments of the Safety, Rehabilitation and Compensation Act
10
1988 made by this Schedule apply in relation to a lump sum benefit
11
payable in respect of the death of a person if the death occurs on or after
12
the commencement of the amendments.
13
Seafarers Rehabilitation and Compensation Act 1992
14
27 Section 3
15
Insert:
16
child: without limiting who is a child of a person for the purposes
17
of this Act, someone is the child of a person if he or she is the
18
product of a relationship the person has or had as a couple with
19
another person (whether of the same sex or a different sex). For
20
this purpose, someone cannot be the product of a relationship
21
unless he or she is the biological child of at least one of the persons
22
in the relationship or was born to a woman in the relationship.
23
28 Section 3
24
Insert:
25
de facto partner of a person has the meaning given by the Acts
26
Interpretation Act 1901.
27
29 Section 3 (paragraph (b) of the definition of dependant)
28
Schedule 5 Education, Employ ment and Workplace Relations
50 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
Omit "father, mother, step-father, step-mother, father-in-law,
1
mother-in-law, grandfather, grandmother, son, daughter, step-son,
2
step-daughter, grandson, grand-daughter, brother, sister, half-brother or
3
half-sister", substitute "parent, step-parent, father-in-law,
4
mother-in-law, grandparent, child, stepchild, grandchild, sibling or
5
half-sibling".
6
30 Section 3
7
Insert:
8
parent: without limiting who is a parent of a person for the
9
purposes of this Act, someone is the parent of a person if the
10
person is his or her child because of the definition of child in this
11
section.
12
31 Section 3 (subparagraph (b)(i) of the definition of
13
prescribed person)
14
Omit "father, mother, step-father, step-mother, father-in-law,
15
mother-in-law, grandfather, grandmother, son, daughter, step-son,
16
step-daughter, grandson, grand-daughter, brother, sister, half-brother or
17
half-sister", substitute "parent, step-parent, father-in-law,
18
mother-in-law, grandparent, child, stepchild, grandchild, sibling or
19
half-sibling".
20
32 Section 3 (paragraph (a) of the definition of spouse)
21
Repeal the paragraph, substitute:
22
(a) in relation to an employee or a deceased employee--a person
23
who is, or immediately before the employee's death was, a
24
de facto partner of the employee; and
25
33 Section 3
26
Insert:
27
stepchild: without limiting who is a stepchild of a person for the
28
purposes of this Act, someone who is a child of a de facto partner
29
of the person is the stepchild of the person if he or she would be
30
the person's stepchild except that the person is not legally married
31
to the partner.
32
34 Section 3
33
Insert:
34
Education, Emp loyment and Workplace Relations Schedule 5
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 51
step-parent: without limiting who is a step-parent of a person for
1
the purposes of this Act, someone who is a de facto partner of a
2
parent of the person is the step-parent of the person if he or she
3
would be the person's step-parent except that he or she is not
4
legally married to the person's parent.
5
35 Subsection 15(3)
6
Omit "son or daughter", substitute "child".
7
36 Section 16
8
Repeal the section, substitute:
9
16 Certain family relationships
10
For the purposes of this Act, relationships (including the
11
relationship of being family or being relatives) are taken to include
12
(without limitation):
13
(a) relationships between de facto partners; and
14
(b) relationships of child and parent that arise:
15
(i) if someone is an exnuptial or adoptive child of a person;
16
or
17
(ii) because of the definitions of child and parent in
18
section 3; and
19
(c) relationships traced through relationships referred to in
20
paragraphs (a) and (b).
21
37 At the end of subsection 43(3)
22
Add:
23
Note:
In relation to paragraph (3)(d), see also section 16.
24
38 At the end of subsection 43(5)
25
Add:
26
Note:
In relation to paragraph (5)(f), see also section 16.
27
39 Application of amendments of the Seafarers Rehabilitation
28
and Compensation Act 1992
29
(1)
The amendments of the Seafarers Rehabilitation and Compensation Act
30
1992 made by this Schedule apply in relation to a payment made under
31
Schedule 5 Education, Employ ment and Workplace Relations
52 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
that Act on or after the commencement of the amendments, other than a
1
payment of a lump sum benefit to which subitem (2) applies.
2
(2)
The amendments of the Seafarers Rehabilitation and Compensation Act
3
1992 made by this Schedule apply in relation to a lump sum benefit
4
payable in respect of the death of a person if the death occurs on or after
5
the commencement of the amendments.
6
Student Assistance Act 1973
7
40 Subsection 43B(5)
8
Insert:
9
child: without limiting who is a child of a person for the purposes
10
of this section, someone is the child of a person if he or she is the
11
product of a relationship the person has or had as a couple with
12
another person (whether of the same sex or a different sex). For
13
this purpose, someone cannot be the product of a relationship
14
unless he or she is the biological child of at least one of the persons
15
in the relationship or was born to a woman in the relationship.
16
41 Subsection 43B(5) (paragraph (a) of the definition of
17
parent)
18
After "of the person", insert "or someone of whom the person is a child
19
because of the definition of child in this section".
20
21
Families, Housing, Co mmun ity Serv ices and Indigenous Affairs Schedule 6
Amend ments commencing on the day after Royal Assent Part 1
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 53
1
Schedule 6
--
Families, Housing, Community
2
Services and Indigenous Affairs
3
Part 1
--
Amendments commencing on the day after
4
Royal Assent
5
Aboriginal Land Grant (Jervis Bay Territory) Act 1986
6
1 Subsection 37(1)
7
Insert:
8
child: without limiting who is a child of a person for the purposes
9
of this Act, someone is the child of a person if he or she is the
10
product of a relationship the person has or had as a couple with
11
another person (whether of the same sex or a different sex). For
12
this purpose, someone cannot be the product of a relationship
13
unless he or she is the biological child of at least one of the persons
14
in the relationship or was born to a woman in the relationship.
15
2 Subsection 37(1)
16
Insert:
17
parent: without limiting who is a parent of a person for the
18
purposes of this Act, someone is the parent of a person if the
19
person is his or her child because of the definition of child in this
20
subsection.
21
3 Subsection 37(1) (definition of spouse)
22
Repeal the definition, substitute:
23
spouse of a person includes a de facto partner of the person within
24
the meaning of the Acts Interpretation Act 1901.
25
4 At the end of section 37
26
Add:
27
(5) For the purposes of the definition of relative in subsection (1), if
28
one person is the child of another person because of the definition
29
of child in that subsection, relationships traced to or through the
30
Schedule 6 Families, Housing, Co mmun ity Serv ices and Indigenous Affairs
Part 1 A mend ments commencing on the day after Royal Assent
54 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
person are to be determined on the basis that the person is the child
1
of the other person.
2
Corporations (Aboriginal and Torres Strait Islander) Act
3
2006
4
5 Paragraph 293-1(2)(d)
5
Omit "and de facto spouses".
6
6 At the end of Division 694
7
Add:
8
694-115 Certain family relationships
9
For the purposes of this Act, relationships (including the
10
relationship of being family) are taken to include (without
11
limitation):
12
(a) relationships between de facto partners (within the meaning
13
of the Acts Interpretation Act 1901); and
14
(b) relationships of child and parent that arise:
15
(i) if someone is an exnuptial or adoptive child of a person;
16
or
17
(ii) if someone is the child of a person because of the
18
definition of child in this Act; and
19
(c) relationships traced through relationships referred to in
20
paragraphs (a) and (b).
21
7 Section 700-1
22
Insert:
23
child: without limiting who is a child of a person for the purposes
24
of this Act, someone is the child of a person if he or she is the
25
product of a relationship the person has or had as a couple with
26
another person (whether of the same sex or a different sex). For
27
this purpose, someone cannot be the product of a relationship
28
unless he or she is the biological child of at least one of the persons
29
in the relationship or was born to a woman in the relationship.
30
8 Section 700-1 (definition of de facto spouse)
31
Repeal the definition.
32
Families, Housing, Co mmun ity Serv ices and Indigenous Affairs Schedule 6
Amend ments commencing on the day after Royal Assent Part 1
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 55
9 Section 700-1
1
Insert:
2
parent: without limiting who is a parent of a person for the
3
purposes of this Act, someone is the parent of a person if the
4
person is his or her child because of the definition of child in this
5
section.
6
10 Section 700-1
7
Insert:
8
spouse of a person includes a de facto partner of the person within
9
the meaning of the Acts Interpretation Act 1901.
10
11
Schedule 6 Families, Housing, Co mmun ity Serv ices and Indigenous Affairs
Part 2 A mend ments commencing on 1 Ju ly 2009
56 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
1
Part 2
--
Amendments commencing on 1 July 2009
2
A New Tax System (Family Assistance) Act 1999
3
11 Subsection 3(1)
4
Insert:
5
relationship child has the same meaning as in the Social Security
6
Act 1991.
7
12 Subsection 3(1)
8
Insert:
9
relationship parent has the same meaning as in the Social Security
10
Act 1991.
11
13 After subsection 22(2)
12
Insert:
13
(2A) The individual is an FTB child of the adult if:
14
(a) the individual is aged under 18; and
15
(b) the adult is the relationship parent of the individual; and
16
(c) there is no order of a court that stops the adult from being
17
legally responsible for the day-to-day care, welfare and
18
development of the individual; and
19
(d) the individual is in the adult's care; and
20
(e) the individual is an Australian resident, is a special category
21
visa holder residing in Australia or is living with the adult.
22
14 Paragraph 23(1)(a)
23
After "subsection 22(2)", insert ", (2A)".
24
15 Subsection 23(2)
25
After "subsection 22(2)", insert ", (2A)".
26
16 Subsection 23(3)
27
After "subsection 22(2)" (wherever occurring), insert ", (2A)".
28
Families, Housing, Co mmun ity Serv ices and Indigenous Affairs Schedule 6
Amend ments commencing on 1 July 2009 Part 2
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill
2008 No. , 2008 57
17 Subsection 23(5)
1
Insert:
2
parent includes a relationship parent.
3
Note:
The heading to subsection 23(5) is altered by inserting "parent and" after "of".
4
18 At the end of section 23
5
Add:
6
Parents of relationship children
7
(6) If a child (other than an adopted child) is a relationship child of a
8
person because he or she is the product of a relationship the person
9
has or had as a couple with another person, the two persons in the
10
relationship are taken to be the child's only parents for the
11
purposes of paragraph (c) of the definition of qualifying period in
12
subsection (5).
13
19 Subparagraph 28(3)(c)(i)
14
Omit "natural or adopted child", substitute "natural child, adopted child
15
or relationship child".
16
20 At the end of section 36
17
Add:
18
Definition of parent
19
(7) In this section:
20
parent includes a relationship parent.
21
A New Tax System (Family Assistance) (Administration) Act
22
1999
23
21 At the end of subsection 50R(1)
24
Add:
25
; (c) the relationship between a relationship child and his or her
26
relationship parent.
27
Schedule 6 Families, Housing, Co mmun ity Serv ices and Indigenous Affairs
Part 2 A mend ments commencing on 1 Ju ly 2009
58 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law
Reform) Bill 2008 No. , 2008
22 Subsection 50R(2) (paragraphs (a) and (b) of the definition
1
of step-parent)
2
Omit "biological or adoptive parent", substitute "biological parent,
3
adoptive parent or relationship parent".
4
Social Security Act 1991
5
23 Subsection 4(1)
6
Insert:
7
prohibited relationship has the meaning given by subsections (12)
8
and (13).
9
24 After paragraph 4(2)(a)
10
Insert:
11
(aa) both of the following conditions are met:
12
(i) a relationship between the person and another person
13
(whether of the same sex or a different sex) is registered
14
under a law of a State or Territory prescribed for the
15
purposes of section 22B of the Acts Interpretation Act
16
1901 as a kind of relationship prescribed for the
17
purposes of that section;
18
(ii) the person is not, in the Secretary's opinion (formed as
19
mentioned in subsection (3)