FAMILY LAW AMENDMENT (DE FACTO FINANCIAL MATTERS AND OTHER MEASURES) ACT 2008 (NO. 115, 2008) - SCHEDULE 3A Children
FAMILY LAW AMENDMENT (DE FACTO FINANCIAL MATTERS AND OTHER MEASURES) ACT 2008 (NO. 115, 2008) - SCHEDULE 3A
Children1 Subsection 4(1)
Insert:
"child" : Subdivision D of Division 1 of Part VII affects the situations in which a child is a child of a person or is a child of a marriage or other relationship.
Note: In determining if a child is the child of a person within the meaning of this Act, it is to be assumed that Part VII extends to all States and Territories.
2 Before section 60F
Insert:
60EA Definition of de facto partner
For the purposes of this Subdivision, a person is the de facto partner of another person if:
(a) a relationship between the person and the other person (whether of the same sex or a different sex) is registered under a law of a State or Territory prescribed for the purposes of section 22B of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section; or
(b) the person is in a de facto relationship with the other person.
3 Paragraph 60F(1)(c)
After "subsection 60H(1)", insert "or section 60HB".
4 After subsection 60F(4)
Insert:
(4A) To avoid doubt, for the purposes of this Act, a child of a marriage is a child of the husband and of the wife in the marriage.
5 Subsection 60G(2)
After "paragraph 60F(4)(a)", insert ", or paragraph 60HA(3)(a),".
6 Subsection 60H(1)
Repeal the subsection, substitute:
(1) If:
(a) a child is born to a woman as a result of the carrying out of an artificial conception procedure while the woman was married to, or a de facto partner of, another person (the other intended parent ); and
(b) either:
(i) the woman and the other intended parent consented to the carrying out of the procedure, and any other person who provided genetic material used in the procedure consented to the use of the material in an artificial conception procedure; or
(ii) under a prescribed law of the Commonwealth or of a State or Territory, the child is a child of the woman and of the other intended parent;
then, whether or not the child is biologically a child of the woman and of the other intended parent, for the purposes of this Act:
(c) the child is the child of the woman and of the other intended parent; and
(d) if a person other than the woman and the other intended parent provided genetic material--the child is not the child of that person.
7 Subsection 60H(4)
Repeal the subsection.
8 At the end of Subdivision D of Division 1 of Part VII
Add:
60HA Children of de facto partners
(1) For the purposes of this Act, a child is the child of a person who has, or had, a de facto partner if:
(a) the child is a child of the person and the person's de facto partner; or
(b) the child is adopted by the person and the person's de facto partner or by either of them with the consent of the other; or
(c) the child is, under subsection 60H(1) or section 60HB, a child of the person and the person's de facto partner.
This subsection has effect subject to subsection (2).
(2) A child of current or former de facto partners ceases to be a child of those partners for the purposes of this Act if the child is adopted by a person who, before the adoption, is not a prescribed adopting parent.
(3) The following provisions apply in relation to a child of current or former de facto partners who is adopted by a prescribed adopting parent:
(a) if a court granted leave under section 60G for the adoption proceedings to be commenced--the child ceases to be a child of those partners for the purposes of this Act;
(b) in any other case--the child continues to be a child of those partners for the purposes of this Act.
(4) In this section:
"this Act" includes:
(a) the standard Rules of Court; and
(b) the related Federal Magistrates Rules.
60HB Children born under surrogacy arrangements
(1) If a court has made an order under a prescribed law of a State or Territory to the effect that:
(a) a child is the child of one or more persons; or
(b) each of one or more persons is a parent of a child;
then, for the purposes of this Act, the child is the child of each of those persons.
(2) In this section:
"this Act" includes:
(a) the standard Rules of Court; and
(b) the related Federal Magistrates Rules.
9 Application
Application to children
(1) Subject to subitems (2) to (8), the amendments made by this Schedule apply in relation to a child born before, on or after the commencement of this item.
Application to the Aged Care Act 1997
(2) To the extent that the amendments of the Family Law Act 1975 made by this Schedule affect subparagraph 44‑11(2)(a)(i) of the Aged Care Act 1997 , they apply in relation to that subparagraph on and after 1 July 2009.
Application to the A New Tax System (Family Assistance) Act 1999
(3) To the extent that the amendments of the Family Law Act 1975 made by this Schedule affect paragraph 22(2)(b) of the A New Tax System (Family Assistance) Act 1999 , they apply in relation to that paragraph on and after 1 July 2009.
Application to the Child Support (Assessment) Act 1989
(4) To the extent that the amendment of subsection 60H(1), and the repeal of subsection 60H(4), of the Family Law Act 1975 made by this Schedule affect paragraph (b) of the definition of parent in subsection 5(1) of the Child Support (Assessment) Act 1989 , they apply in relation to that paragraph on and after 1 July 2009.
Application to the Child Support (Registration and Collection) Act 1988
(5) To the extent that the amendment of paragraph 60F(1)(c) of the Family Law Act 1975 made by this Schedule affects the definition of child of a marriage in subsection 4(1) of the Child Support (Registration and Collection) Act 1988 , it applies in relation to that definition on and after 1 July 2009.
Application to the Health Insurance Act 1973
(6) To the extent that the amendments of the Family Law Act 1975 made by this Schedule affect paragraph (a) of the definition of dependent child in subsection 10AA(7) of the Health Insurance Act 1973 , they apply in relation to that paragraph on and after 1 January 2009.
Application to the National Health Act 1953
(7) To the extent that the amendments of the Family Law Act 1975 made by this Schedule affect paragraph 84(4)(b), and paragraph (a) of the definition of dependent child in subsection 84B(4) of the National Health Act 1953 , they apply in relation to those paragraphs on and after 1 January 2009.
Application to the Social Security Act 1991
(8) To the extent that the amendments of the Family Law Act 1975 made by this Schedule affect paragraph 5(2)(a), subparagraph (b)(i) of point 1067G‑B3AA, subparagraph (b)(i) of subpoint 1067G‑G9(2) and subparagraph (a)(i) of point 1068‑B1B of the Social Security Act 1991 , they apply in relation to those provisions on and after 1 July 2009.