SAME-SEX RELATIONSHIPS (EQUAL TREATMENT IN COMMONWEALTH LAWS--GENERAL LAW REFORM) ACT 2008 (NO. 144, 2008) - SCHEDULE 11 Infrastructure, Transport, Regional Development and Local Government
SAME-SEX RELATIONSHIPS (EQUAL TREATMENT IN COMMONWEALTH LAWS--GENERAL LAW REFORM) ACT 2008 (NO. 144, 2008) - SCHEDULE 11
Infrastructure, Transport, Regional Development and Local GovernmentPart 1 -- Carriers' liability amendments (general)
Civil Aviation (Carriers' Liability) Act 1959
1 Paragraph 5(2)(a)
Omit "de facto spouse", substitute "de facto partner".
2 Paragraph 5(3)(c)
Repeal the paragraph, substitute:
(c) relationships of child and parent that arise because of the definitions of child and parent in this section; and
(d) relationships traced through relationships referred to in paragraphs (a), (b) and (c).
Part 2 -- Carriers' liability amendments if Montreal Convention amendments commence earlier
Civil Aviation (Carriers' Liability) Act 1959
3 Subsection 5(1)
Insert:
"child" : without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975 .
4 Subsection 5(1)
Insert:
de facto partner of a person has the meaning given by the Acts Interpretation Act 1901 .
5 Subsection 5(1)
Insert:
"parent" : without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.
6 Subsection 5(1)
Insert:
"stepchild" : without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person, if he or she would be the person's stepchild except that the person is not legally married to the partner.
7 Subsection 5(1)
Insert:
"step-parent" : without limiting who is a step-parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step-parent of the person, if he or she would be the person's step-parent except that he or she is not legally married to the person's parent.
Part 3 -- Carriers' liability amendments if Montreal Convention amendments commence later
Civil Aviation (Carriers' Liability) Act 1959
8 Section 5
Insert:
"child" : without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975 .
9 Section 5
Insert:
de facto partner of a person has the meaning given by the Acts Interpretation Act 1901 .
10 Section 5
Insert:
"parent" : without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.
11 Section 5
Insert:
"stepchild" : without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person, if he or she would be the person's stepchild except that the person is not legally married to the partner.
12 Section 5
Insert:
"step-parent" : without limiting who is a step-parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step-parent of the person, if he or she would be the person's step-parent except that he or she is not legally married to the person's parent.
13 Subsection 12(5)
Repeal the subsection, substitute:
(5) A reference in subsection (3) to the members of the passenger's family is taken to be a reference to the wife or husband, de facto partner, parents, step‑parents, grandparents, brothers, sisters, half‑brothers, half‑sisters, children, step‑children and grandchildren of the passenger. For this purpose, relationships are taken to include:
(a) ex‑nuptial relationships;
(b) relationships by adoption;
(c) relationships of child and parent that arise because of the definitions of child and parent in section 5;
(d) relationships traced through relationships referred to in paragraphs (a), (b) and (c).
13A Paragraph 15(d)
After "spouse" (wherever occurring), insert ", de facto partner".
14 Subsection 35(5)
Repeal the subsection, substitute:
(5) A reference in subsection (3) to the members of the passenger's family is taken to be a reference to the wife or husband, de facto partner, parents, step‑parents, grandparents, brothers, sisters, half‑brothers, half‑sisters, children, step‑children and grandchildren of the passenger. For this purpose, relationships are taken to include:
(a) ex‑nuptial relationships;
(b) relationships by adoption;
(c) relationships of child and parent that arise because of the definitions of child and parent in section 5;
(d) relationships traced through relationships referred to in paragraphs (a), (b) and (c).
14A Paragraph 38(d)
After "spouse" (wherever occurring), insert ", de facto partner".
15 Clause 2 of the Schedule
Before "In Part 3", insert "(1)".
16 Clause 2 of the Schedule
Insert:
"child" : without limiting who is a child of a person for the purposes of Part 3 and this Schedule, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975 .
17 Clause 2 of the Schedule
Insert:
"parent" : without limiting who is a parent of a person for the purposes of Part 3 and this Schedule, someone is the parent of a person if the person is his or her child because of the definition of child in this clause.
18 Clause 2 of the Schedule (paragraph (b) of the definition of relative )
Repeal the paragraph, substitute:
(b) a de facto partner of the person within the meaning of the Acts Interpretation Act 1901 ; or
19 Clause 2 of the Schedule (paragraph (d) of the definition of relative )
Omit "son, daughter", substitute "child".
20 Clause 2 of the Schedule (at the end of the definition of relative )
Add:
Note: See also subclause (2).
21 At the end of clause 2 of the Schedule
Add:
(2) For the purposes of paragraphs (c), (d) and (e) of the definition of relative in subclause (1), if one person is the child of another person because of the definition of child in that subclause, relationships traced to or through the person are to be determined on the basis that the person is the child of the other person.
22 Transitional provision
Unacceptable foreign‑ownership situation
(1) For the purposes of sections 42 and 43 of the Airports Act 1996 , if:
(a) apart from this subitem, an unacceptable foreign‑ownership situation would exist in relation to an airport‑operator company on the day on which the amendments of that Act made by this Schedule commence; and
(b) the situation would exist only because of the amendments;
the situation is, during the period of 6 months starting on the day on which the amendments commence, taken not to exist for so long as it would otherwise have existed.
Unacceptable airline‑ownership situation
(2) For the purposes of sections 46 and 47 of the Airports Act 1996 , if:
(a) apart from this subitem, an unacceptable airline‑ownership situation would exist in relation to an airport‑operator company on the day on which the amendments of that Act made by this Schedule commence; and
(b) the situation would exist only because of the amendments;
the situation is, during the period of 6 months starting on the day on which the amendments commence, taken not to exist for so long as it would otherwise have existed.
Unacceptable cross‑ownership situation
(3) For the purposes of sections 52 and 53 of the Airports Act 1996 , if:
(a) apart from this subitem, an unacceptable cross‑ownership situation would exist in relation to a pair of airport‑operator companies on the day on which the amendments of that Act made by this Schedule commence; and
(b) the situation would exist only because of the amendments;
the situation is, during the period of 6 months starting on the day on which the amendments commence, taken not to exist for so long as it would otherwise have existed.
Practical control of an airport‑operator company
(4) If:
(a) the Minister administering the Airports Act 1996 is satisfied, for the purposes of subparagraph 55(1)(a)(ii) of that Act, that a person was in a position to exercise control over an airport‑operator company on the day on which the amendments of that Act made by this Schedule commenced; and
(b) the person was in that position on that day only because of the amendments;
the Minister must not make a declaration under section 55 of that Act in relation to that person and that company during the period of 6 months starting on the day on which the amendments commence.
Record‑keeping
(5) If:
(a) on the day on which the amendments of the Airports Act 1996 made by this Schedule commence, a person would, apart from this subitem, be required by regulations made for the purposes of section 60 of that Act to do something in relation to an ownership matter; and
(b) the person would not have been required to do that thing if the amendments had not been made;
the person is, during the period of 6 months starting on the day on which the amendments commence, taken not to be required to do that thing for so long as the person would otherwise have been required to do that thing.
23 Subsection 6(1)
Insert:
"child" : without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975 .
24 Subsection 6(1)
Insert:
de facto partner of a person has the meaning given by the Acts Interpretation Act 1901 .
25 Subsection 6(1)
Insert:
"parent" : without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.
26 Subsection 6(1)
Insert:
"stepchild" : without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person, if he or she would be the person's stepchild except that the person is not legally married to the partner.
27 At the end of section 6
Add:
(8) For the purposes of this Act, members of a person's family are taken to include the following (without limitation):
(a) a de facto partner of the person;
(b) someone who is the child of the person, or of whom the person is the child, because of the definition of child in this section;
(c) anyone else who would be a member of the person's family because someone mentioned in paragraph (a) or (b) is taken to be a member of the person's family.
28 At the end of subsection 7(1)
Add:
Note: In relation to subparagraph (1)(d)(i), see also subsection 6(8).
29 Subparagraph 70(1)(a)(i)
After "husband,", insert "de facto partner,".
30 At the end of section 70
Add:
(5) For the purposes of subparagraph (1)(a)(i), if one person is the child of another person because of the definition of child in this Act, relationships traced to or through the person are to be determined on the basis that the person is the child of the other person.
31 At the end of subsection 127(1)
Add:
Note: In relation to paragraph (1)(f), see also subsection 6(8).
32 Subparagraph 156(1)(b)(i)
Omit "be the widow, the widower or", substitute "to have been the deceased's spouse or de facto partner immediately before the deceased's death, to be".
33 Application of amendment of section 156
The amendment of section 156 of the Navigation Act 1912 made by this Schedule applies in relation to a seaman who dies on or after the commencement of the amendment.
34 Paragraph 157(1)(b)
Omit "related to the testator by blood or marriage", substitute "a relative of the testator".
35 At the end of section 157
Add:
(3) The reference in paragraph (1)(b) to a relative of the testator includes a reference to the following (without limitation):
(a) a de facto partner of the testator;
(b) someone who is the child of the testator, or of whom the testator is the child, because of the definition of child in section 6;
(c) anyone else who would be a relative of the testator because someone mentioned in paragraph (a) or (b) is taken to be a relative of the testator.
36 Application of amendments of section 157
The amendments of section 157 of the Navigation Act 1912 made by this Schedule apply in relation to wills made on or after the commencement of the amendments.
37 Subsection 158(6)
Omit "as widow, widower,", substitute "who was the deceased's spouse or de facto partner immediately before the deceased's death, or who is the deceased's".
38 Subsection 158(7)
Omit ", as widow, widower,", substitute "who was the deceased's spouse or de facto partner immediately before the deceased's death, or who is the deceased's".
39 At the end of section 158
Add:
(8) In determining for the purposes of subsections (6) and (7) whether a person is next‑of‑kin of another person, the following persons are also to be taken into account:
(a) someone who is the child of the person, or of whom the person is the child, because of the definition of child in this Act;
(b) anyone else who would be a relative of the person because someone mentioned in paragraph (a) is taken into account.
40 Application of amendments of section 158
The amendments of section 158 of the Navigation Act 1912 made by this Schedule apply in relation to a seaman who dies on or after the commencement of the amendments.
41 Subsection 161(1)
After "husband,", insert "de facto partner,".