SAME-SEX RELATIONSHIPS (EQUAL TREATMENT IN COMMONWEALTH LAWS--GENERAL LAW REFORM) ACT 2008 (NO. 144, 2008) - SCHEDULE 3 Broadband, Communications and the Digital Economy
SAME-SEX RELATIONSHIPS (EQUAL TREATMENT IN COMMONWEALTH LAWS--GENERAL LAW REFORM) ACT 2008 (NO. 144, 2008) - SCHEDULE 3
Broadband, Communications and the Digital Economy
Australian Postal Corporation Act 1989
1 At the end of subsection 90K(2)
Add:
Note: See also subsection (6).
2 At the end of section 90K
Add:
Next of kin
(6) In determining for the purposes of subsection (2) whether a person is next of kin of another person, the following persons are also to be taken into account:
(a) a de facto partner of the person within the meaning of the Acts Interpretation Act 1901 ;
(b) someone who is the child of the person, or of whom the person is the child, because of subsection (7);
(c) anyone else who would be a relative of the person because someone mentioned in paragraph (a) or (b) is taken into account.
(7) For the purposes of paragraph (6)(b), someone is the child of a person because of this subsection if he or she is a child of the person within the meaning of the Family Law Act 1975 .
Broadcasting Services Act 1992
3 Subsection 6(1) (paragraph (a) of the definition of associate )
Omit "(including a de facto spouse)".
4 Subsection 6(1) (note at the end of the definition of associate )
Omit "Note", substitute "Note 1".
5 Subsection 6(1) (at the end of the definition of associate )
Add:
Note 2: See also subsection (3).
6 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 .
7 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.
8 Subsection 6(1)
Insert:
"spouse" of a person includes a de facto partner of the person within the meaning of the Acts Interpretation Act 1901 .
9 At the end of section 6
Add:
(3) For the purposes of paragraph (a) of the definition of associate in subsection (1), if one person is the child of another person 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.
10 Transitional provision
For the purposes of the Broadcasting Services Act 1992 , if:
(a) apart from this item, a person would be in a position to exercise control of a licence, a newspaper or a company on the day on which the amendments of that Act made by this Schedule commence; and
(b) the person would be in that position only because of the amendments;
the person is, during the period of 6 months starting on the day on which the amendments commence, taken not to be in that position for so long as the person would otherwise have been in that position.
11 Clause 2 of the Schedule
Before "In Part 2A", insert "(1)".
12 Clause 2 of the Schedule
Insert:
"child" : without limiting who is a child of a person for the purposes of Part 2A 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 .
13 Clause 2 of the Schedule
Insert:
"parent" : without limiting who is a parent of a person for the purposes of Part 2A 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.
14 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
15 Clause 2 of the Schedule (paragraph (d) of the definition of relative )
Omit "son, daughter", substitute "child".
16 Clause 2 of the Schedule (at the end of the definition of relative )
Add:
Note: See also subclause (2).
17 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.
18 Transitional provision
(1) For the purposes of sections 8BI and 8BJ of the Telstra Corporation Act 1991 , if:
(a) apart from this subitem, an unacceptable foreign‑ownership situation would exist 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.
(2) If:
(a) on the day on which the amendments of the Telstra Corporation Act 1991 made by this Schedule commence, a person would, apart from this subitem, be required by regulations made for the purposes of section 8BN 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.