SAME-SEX RELATIONSHIPS (EQUAL TREATMENT IN COMMONWEALTH LAWS--GENERAL LAW REFORM) ACT 2008 (NO. 144, 2008) - SCHEDULE 4 Defence
SAME-SEX RELATIONSHIPS (EQUAL TREATMENT IN COMMONWEALTH LAWS--GENERAL LAW REFORM) ACT 2008 (NO. 144, 2008) - SCHEDULE 4
Defence
Defence Force (Home Loans Assistance) Act 1990
2 Section 3 (definition of child )
Repeal the definition, substitute:
"child" : without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if:
(a) he or she is:
(i) a legally adopted child or a stepchild of the person; or
(ii) a child of the person within the meaning of the Family Law Act 1975 ; and
(b) he or she is:
(i) under 16; or
(ii) a student.
3 Section 3
Insert:
de facto partner has the meaning given by the Acts Interpretation Act 1901 .
4 Section 3
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 subsection.
5 Section 3 (definition of spouse )
Repeal the definition.
6 Section 3
Insert:
surviving spouse or de facto partner , in relation to a deceased person, means a person who was the spouse or de facto partner of the deceased person immediately before the deceased person's death.
Note: See also section 8.
7 Section 3 (definition of widow )
Repeal the definition (including the note).
8 Section 3 (definition of widower )
Repeal the definition (including the note).
10 Paragraphs 5(1)(b) and (c)
After "spouse", insert ", de facto partner".
11 Paragraphs 6(a), (b) and (c)
After "spouse", insert "or de facto partner".
12 Section 8
Repeal the section, substitute:
8 Multiple surviving spouses or de facto partners
(1) If a deceased person has more than one surviving spouse or de facto partner, the surviving spouse or de facto partner who was living with the person immediately before his or her death is taken, for the purposes of Division 1 of Part 2 and paragraph 29(h), to be the person's sole surviving spouse or de facto partner.
(2) For the purposes of subsection (1), the person is taken to have been living with a spouse or de facto partner immediately before the death of the person if they were not living together at that time only because of:
(a) a temporary absence from each other; or
(b) illness or infirmity of either or both of them.
13 Subsection 10(3)
Omit "widow or widower", substitute "surviving spouse or de facto partner".
14 Subparagraph 12(1)(b)(ii)
Omit "widow or widower", substitute "surviving spouse or de facto partner".
15 Subsection 12(3)
Omit "widow or widower", substitute "surviving spouse or de facto partner".
16 Application provision
The amendments of sections 10 and 12 of the Defence Force (Home Loans Assistance) Act 1990 made by this Schedule apply in relation to an application for an entitlement certificate made on or after the commencement of this Schedule.
17 Subsection 14(4)
Omit "widow or widower", substitute "surviving spouse or de facto partner".
18 Paragraph 15(1)(b)
After "spouse", insert "or de facto partner".
19 Paragraphs 17(1)(a) and (b)
After "spouse", insert "or de facto partner".
20 Paragraph 17(1)(b)
After "spouse's", insert "or de facto partner's".
21 Paragraph 18(1)(b)
After "spouse", insert "or de facto partner".
22 Application provision
The amendments of sections 14, 15, 17 and 18 of the Defence Force (Home Loans Assistance) Act 1990 made by this Schedule apply in relation to an application made under section 14 of that Act on or after the commencement of this Schedule.
23 Paragraph 20(2)(d)
After "spouse", insert "or de facto partner".
24 Application provision
If:
(a) a person is an entitled person immediately before the commencement of the amendment of paragraph 20(2)(d) of the Defence Force (Home Loans Assistance) Act 1990 made by this Schedule; and
(b) apart from this item, subsidy would not become payable to the person on a loan on or after that commencement; and
(c) subsidy would not become payable to the person on the loan only because of the amendment;
the amendment does not apply in respect of the person and the loan.
25 Subparagraph 20(2)(e)(i)
After "spouse" (wherever occurring), insert "or de facto partner".
26 Subsections 24(1), (2) and (3)
Omit "widow or widower" (wherever occurring), substitute "surviving spouse or de facto partner".
27 Subsection 24(4)
Insert:
surviving spouse or de facto partner does not include a surviving spouse or de facto partner who is an eligible person.
28 Subsection 24(4) (definition of widow or widower )
Repeal the definition.
29 Subsection 26(1)
After "spouse", insert "or de facto partner".
Note: The heading to section 26 is altered by adding at the end " or de facto partners ".
30 Subsection 26(2)
After "spouses", insert "or de facto partners".
31 Subparagraph 26(2)(a)(i)
After "spouse", insert "or de facto partner".
32 Subparagraph 26(2)(a)(ii)
Omit "widow or widower", substitute "surviving spouse or de facto partner".
33 Paragraph 26(2)(b)
Omit "widow or widower", substitute "surviving spouse or de facto partner".
34 Paragraph 29(c)
After "spouse", insert "or de facto partner".
35 Application provision
To avoid doubt, the amendment of paragraph 29(c) of the Defence Force (Home Loans Assistance) Act 1990 made by this Schedule does not apply in relation to a subsidised loan on a property where the ownership of the property was converted from a joint tenancy into a tenancy in common with effect before the commencement of the amendment.
36 Paragraph 29(d)
Omit "person's spouse or former spouse, or to the person and his or her former spouse", substitute "person's spouse or de facto partner, or former spouse or former de facto partner, or to the person and his or her former spouse or former de facto partner".
37 Paragraph 29(g)
Omit "is not survived by a widow or widower", substitute "does not have a surviving spouse or de facto partner".
38 Paragraph 29(h)
Omit "widow or widower", substitute "surviving spouse or de facto partner".
39 Paragraph 30(1)(a)
Omit "is survived by a widow or widower", substitute "has a surviving spouse or de facto partner".
40 Paragraph 30(1)(b)
Omit "surviving widow or widower", substitute "surviving spouse or de facto partner".
41 Paragraph 30(2)(a)
Omit "is survived by a widow or widower", substitute "has a surviving spouse or de facto partner".
42 Paragraph 30(3)(b)
Omit "surviving widow or widower", substitute "surviving spouse or de facto partner".
43 Paragraph 30(4)(b)
Omit "surviving widow or widower who was legally married to the borrower", substitute "surviving spouse or de facto partner".
44 Paragraph 30(4)(d)
Omit "surviving widow or widower", substitute "surviving spouse or de facto partner".
45 Subsection 30(6)
Omit "widow or widower", substitute "surviving spouse or de facto partner".
46 Paragraph 36A(1)(d)
Omit "widow or widower", substitute "surviving spouse or de facto partner".
Defence (Parliamentary Candidates) Act 1969
47 Subsection 16(3)
Repeal the subsection, substitute:
(3) For the purposes of this section, the members of a family, in relation to any person, are taken to include the following (without limitation):
(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 the definition of child in subsection (4);
(c) anyone else who would be a member of the person's family if someone mentioned in paragraph (a) or (b) is taken to be a member of the person's family.
(4) In this section:
"child" : without limiting who is a child of a person for the purposes of subsection (3), 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 .
"dependent" means wholly or substantially dependent.
Royal Australian Air Force Veterans' Residences Act 1953
48 Section 2
Insert:
de facto partner of a person has the meaning given by the Acts Interpretation Act 1901 .
49 Section 2 (at the end of paragraphs (a), (b) and (c) of the definition of eligible person )
Add "or".
50 Section 2 (paragraphs (d), (e) and (f) of the definition of eligible person )
Repeal the paragraphs, substitute:
(d) a surviving spouse or de facto partner of a person referred to in paragraph (a), (b) or (c); or
(e) a parent of a former member referred to in paragraph (a), (b) or (c), if:
(i) the former member is deceased and does not have a surviving spouse or de facto partner; and
(ii) the parent is the surviving spouse or de facto partner of another person who has died; and
(iii) the parent was, at the time of the former member's appointment to, or enlistment in, the Force or Service referred to in paragraph (a), (b) or (c), dependent on the former member; or
(f) a parent of a former member referred to in paragraph (a), (b) or (c), if:
(i) the former member is deceased and does not have a surviving spouse or de facto partner; or
(ii) the parent has a spouse or de facto partner who is so incapacitated as to be unable to contribute materially to the support of the parent.
51 Section 2
Insert:
"parent" : without limiting who is a parent of anyone for the purposes of this Act, a person is the parent of another person if the other person is a child of the person within the meaning of the Family Law Act 1975 .
52 Section 2
Insert:
surviving spouse or de facto partner , in relation to a deceased person, means a person who was the spouse or de facto partner of the deceased person immediately before the deceased's death.
53 Application provision
The amendments of the Royal Australian Air Force Veterans' Residences Act 1953 made by this Schedule apply in relation to a person referred to in paragraph (a), (b) or (c) of the definition of eligible person in section 2 of that Act who dies on or after the commencement of this Schedule.