SAME-SEX RELATIONSHIPS (EQUAL TREATMENT IN COMMONWEALTH LAWS--GENERAL LAW REFORM) ACT 2008 (NO. 144, 2008) - SCHEDULE 12 Innovation, Industry, Science and Research
SAME-SEX RELATIONSHIPS (EQUAL TREATMENT IN COMMONWEALTH LAWS--GENERAL LAW REFORM) ACT 2008 (NO. 144, 2008) - SCHEDULE 12
Innovation, Industry, Science and Research
Pooled Development Funds Act 1992
1 Subsection 4(1) (definition of de facto spouse )
Repeal the definition.
2 Subsection 31(2) (paragraph (a) of the definition of associate )
Omit "(including a person who is such a relation by adoption)".
3 Subsection 31(2) (paragraph (b) of the definition of associate )
Omit "de facto spouse", substitute "de facto partner".
4 Subsection 31(2)
Insert:
"child" : without limiting who is a child of a person for the purposes of this section, 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 .
5 Subsection 31(2)
Insert:
de facto partner has the meaning given by the Acts Interpretation Act 1901 .
6 Subsection 31(2)
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.
7 After subsection 31(2A)
Insert:
(2AA) For the purposes of paragraph (a) of the definition of associate in subsection (2), if one person is the child of another person because of adoption or because of the definition of child in this section, relationships traced to or through the person are to be determined on the basis that the person is the child of the other person.
8 Transitional
(1) This item applies if:
(a) on the commencement of the amendments made by this Schedule, a person holds shares in a PDF (the initial shares ); and
(b) the person would, but for this item, contravene section 31 of the Pooled Development Funds Act 1992 only because of one or more of those amendments.
(2) Subject to subitem (4), disregard the person's continued holding of the initial shares in the PDF on and after that commencement when applying that section as then in force to the person and the person's associates.
(3) If, after that commencement, any bonus shares in the PDF are issued to the person because the person is the holder of the initial shares, then, subject to subitem (4), disregard the person's holding of those bonus shares when applying that section as then in force to the person and the person's associates.
(4) If, after that commencement, the person, or any of the person's associates, acquires additional shares (other than bonus shares) in the PDF, the initial shares and the bonus shares are to be taken into account in determining whether the acquisition of those additional shares complies with that section as then in force.