SAME-SEX RELATIONSHIPS (EQUAL TREATMENT IN COMMONWEALTH LAWS--GENERAL LAW REFORM) ACT 2008 (NO. 144, 2008) - SCHEDULE 6 Families, Housing, Community Services and Indigenous Affairs
SAME-SEX RELATIONSHIPS (EQUAL TREATMENT IN COMMONWEALTH LAWS--GENERAL LAW REFORM) ACT 2008 (NO. 144, 2008) - SCHEDULE 6
Families, Housing, Community Services and Indigenous AffairsPart 1 -- Amendments commencing on the day after Royal Assent
Aboriginal Land Grant (Jervis Bay Territory) Act 1986
1 Subsection 37(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 .
2 Subsection 37(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 subsection.
3 Subsection 37(1) (definition of spouse )
Repeal the definition, substitute:
"spouse" of a person includes a de facto partner of the person within the meaning of the Acts Interpretation Act 1901 .
4 At the end of section 37
Add:
(5) For the purposes of the definition of relative in subsection (1), if one person is the child of another person because of the definition of child in that subsection, relationships traced to or through the person are to be determined on the basis that the person is the child of the other person.
Corporations (Aboriginal and Torres Strait Islander) Act 2006
5 Paragraph 293‑1(2)(d)
Omit "and de facto spouses".
6 At the end of Division 694
Add:
694‑115 Certain family relationships
For the purposes of this Act, relationships (including the relationship of being family) are taken to include (without limitation):
(a) relationships between de facto partners (within the meaning of the Acts Interpretation Act 1901 ); and
(b) relationships of child and parent that arise:
(i) if someone is an exnuptial or adoptive child of a person; or
(ii) if someone is the child of a person because of the definition of child in this Act; and
(c) relationships traced through relationships referred to in paragraphs (a) and (b).
7 Section 700‑1
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 .
8 Section 700‑1 (definition of de facto spouse )
Repeal the definition.
9 Section 700‑1
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.
10 Section 700‑1
Insert:
"spouse" of a person includes a de facto partner of the person within the meaning of the Acts Interpretation Act 1901 .
Part 2 -- Amendments commencing on 1 July 2009
A New Tax System (Family Assistance) Act 1999
11 Subsection 3(1)
Insert:
"relationship child" has the same meaning as in the Social Security Act 1991 .
12 Subsection 3(1)
Insert:
"relationship parent" has the same meaning as in the Social Security Act 1991 .
17 Subsection 23(5)
Insert:
"parent" includes a relationship parent.
Note: The heading to subsection 23(5) is altered by inserting " parent and " after " of ".
18 At the end of section 23
Add:
Parents of relationship children
(6) If a child (other than an adopted child) is a relationship child of a person because he or she is a child of the person, and of another person, within the meaning of the Family Law Act 1975 , the person and the other person are taken to be the child's only parents for the purposes of paragraph (c) of the definition of qualifying period in subsection (5).
19 Subparagraph 28(3)(c)(i)
Omit "natural or adopted child", substitute "natural child, adopted child or relationship child".
20 At the end of section 36
Add:
Definition of parent
(7) In this section:
"parent" includes a relationship parent.
A New Tax System (Family Assistance) (Administration) Act 1999
21 At the end of subsection 50R(1)
Add:
; (c) the relationship between a relationship child and his or her relationship parent.
22 Subsection 50R(2) (paragraphs (a) and (b) of the definition of step‑parent )
Omit "biological or adoptive parent", substitute "biological parent, adoptive parent or relationship parent".
Child Support (Assessment) Act 1989
22A Subsection 5(1) (paragraph (b) of the definition of member of a couple )
Repeal the paragraph, substitute:
(b) a person who is living with another person as the partner of the other person on a genuine domestic basis although not legally married to the other person; or
(c) a person whose relationship with another 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, and is not living separately and apart from the other person on a permanent or indefinite basis .
22B Subsection 5(1) (definition of parent )
Repeal the definition, substitute:
"parent" :
(a) when used in relation to a child who has been adopted--means an adoptive parent of the child; and
(b) when used in relation to a child born because of the carrying out of an artificial conception procedure--means a person who is a parent of the child under section 60H of the Family Law Act 1975 ; and
(c) when used in relation to a child born because of a surrogacy arrangement--includes a person who is a parent of the child under section 60HB of the Family Law Act 1975 .
22C Subsection 5(1)
Insert:
"relative" has a meaning affected by subsection (4).
22D At the end of section 5
Add:
Relatives
(4) For the purposes of section 26A and subparagraph 150(4E)(b)(ii), the relatives of a person are taken to include the following (without limitation):
(a) a partner of the person;
(b) someone who is a parent of the person, or someone of whom the person is a parent, because of the definition of parent in this section;
(c) anyone else who would be a relative of the person if someone mentioned in paragraph (a) or (b) is taken to be a relative of the person.
22E Paragraph 29(2)(d)
Omit "the father or mother", substitute "a parent".
22F At the end of subsection 29(2)
Add:
; or (i) that the person is a parent of the child under section 60H or section 60HB of the Family Law Act 1975 .
22G Sub‑subparagraph 163A(2)(b)(v)(B)
Repeal the sub‑subparagraph, substitute:
(B) in a de facto relationship with each other;
22H Subsection 163A(5)
Repeal the subsection, substitute:
(5) In this section:
de facto relationship means:
(a) a relationship between 2 persons (whether of the same sex or different sexes) who, although not legally married to each other, live with each other on a genuine domestic basis in a relationship as a couple; or
(b) a relationship between 2 persons (whether of the same sex or different sexes) that 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.
Child Support (Registration and Collection) Act 1988
22J Subsection 4(1)
Insert:
"relative" has a meaning affected by subsection (5).
22K At the end of section 4
Add:
(5) For the purposes of this Act, the relatives of a person are taken to include the following (without limitation):
(a) a partner (within the meaning of the Assessment Act) of the person;
(b) someone who is the parent of the person, or someone of whom the person is a parent, because of the definition of parent in the Assessment Act;
(c) anyone else who would be a relative of the person if someone mentioned in paragraph (a) or (b) is taken to be a relative of the person.
23 Subsection 4(1)
Insert:
"prohibited relationship" has the meaning given by subsections (12) and (13).
24 After paragraph 4(2)(a)
Insert:
(aa) both of the following conditions are met:
(i) a relationship between the person and another 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;
(ii) the person is not, in the Secretary's opinion (formed as mentioned in subsection (3)), living separately and apart from the other person on a permanent or indefinite basis; or
25 Subparagraph 4(2)(b)(i)
Omit "a person of the opposite sex", substitute "another person, whether of the same sex or a different sex".
26 Subparagraph 4(2)(b)(iii)
Omit "marriage‑like", substitute "de facto".
27 Subparagraph 4(2)(b)(v)
Omit "for the purposes of section 23B of the Marriage Act 1961 ".
28 Subsection 4(2) (note)
Repeal the note.
29 Subsection 4(3)
After "(2)(a)", insert ", subparagraph (2)(aa)(ii)".
30 Subparagraph 4(3)(c)(i)
After "to", insert ", or in a de facto relationship with , ".
31 At the end of subparagraph 4(3)(e)(iv)
Add "or a de facto relationship".
32 Subsection 4(3A)
Omit "marriage‑like", substitute "de facto".
33 Paragraph 4(7)(a)
Omit "a matrimonial", substitute "their".
34 At the end of section 4
Add:
Prohibited relationship
(12) For the purposes of this Act, a person and his or her partner are within a prohibited relationship if the person is:
(a) an ancestor or a descendant of the partner; or
(b) a brother, sister, half‑brother or half‑sister of the partner.
(13) For the purposes of subsection (12), a child who is, or has ever been, an adopted child of a person is taken to be the natural child of that person and the person is taken to be the natural parent of the child.
35 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 .
36 Subsection 5(1) (subparagraph (a)(i) of the definition of parent )
Repeal the subparagraph, substitute:
(i) in relation to a person (the relevant person ), other than an adopted child--a natural parent or relationship parent of the relevant person; or
37 Subsection 5(1) (subparagraph (a)(ii) of the definition of parent )
Omit "young person", substitute "child".
38 Subsection 5(1) (subparagraph (b)(i) of the definition of parent )
Omit "natural or adoptive parent", substitute "natural parent, adoptive parent or relationship parent".
39 Subsection 5(1) (subparagraph (b)(iv) of the definition of parent )
Omit "natural or adoptive parent", substitute "natural parent, adoptive parent or relationship parent".
40 Subsection 5(1)
Insert:
"relationship child" has the meaning given by subsection (25).
41 Subsection 5(1)
Insert:
"relationship parent" has the meaning given by subsection (25).
42 Subsection 5(1)
Insert:
"step-child" : without limiting who is a step-child of a person for the purposes of this Act, someone who is a child of a partner of the person is the step-child of the person, if he or she would be the person's step-child except that the person is not legally married to the partner.
43 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 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.
44 Subsection 5(1) (definition of substitute care )
Repeal the definition.
46 Subparagraph 5(2)(b)(i)
After "paragraph (a)", insert "or (aa)".
47 At the end of section 5
Add:
Relationship child and relationship parent
(25) If:
(a) someone is a child of a person because of:
(i) the definition of child in subsection (1); or
(ii) paragraph (b) of the definition of child in section 1207A; or
(iii) paragraph (b) of the definition of child in subsection 1209R(5); and
(b) he or she is not a biological or adopted child of the person;
the child is the relationship child of the person and the person is the relationship parent of the child.
48 Section 5E
Before "A person", insert "(1)".
49 Paragraph 5E(a)
Omit "natural parent, adoptive parent", substitute "parent".
50 At the end of section 5E
Add:
(2) For the purposes of subparagraph (1)(b)(i), if one person is a relationship child, or a step‑child, of another person, relationships traced to or through the person are to be determined on the basis that the person is related by blood to the other person.
51 Paragraph 8(8)(z)
Omit "the person's father, mother, son, daughter, brother or sister", substitute "a parent, child, brother or sister of the person".
52 At the end of subsection 10B(3)
Add:
Note: For parent see subsection 5(1), paragraph (b) of the definition of parent .
53 Paragraph 14A(3)(a)
Omit "natural or adopted child", substitute "natural child, adopted child or relationship child".
54 Subsection 17A(1) (paragraph (a) of the definition of eligible descendant )
Omit "step child", substitute "step‑child".
55 Subsection 23(1) (paragraph (a) of the definition of immediate family member )
Omit "natural parent, adoptive parent", substitute "parent".
56 Subsection 23(1)
Insert:
"prohibited relationship" has the meaning given by subsections 4(12) and (13).
57 Subsection 23(1)
Insert:
"relationship child" has the meaning given by subsection 5(25).
58 Subsection 23(1)
Insert:
"relationship parent" has the meaning given by subsection 5(25).
59 Subsection 23(1) (definition of widow )
Repeal the definition.
60 Paragraph 23(14)(a)
Omit ", father or mother", substitute "or a parent".
61 At the end of subsection 23(14)
Add:
Note: For parent see subsection 5(1), paragraph (a) of the definition of parent .
62 At the end of section 23
Add:
(22) For the purposes of this Act, if one person is the relationship child of another person, relationships traced to or through the person are to be determined on the basis that the person is the child of the other person.
(23) Subsection (22) does not apply for the purposes of determining when a person and his or her partner are within a prohibited relationship under subsection 4(12).
63 After subsection 24(1)
Insert:
(1A) If:
(a) a relationship between a person and another 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; and
(b) the person is not living separately and apart from the other person on a permanent or indefinite basis; and
(c) the Secretary is satisfied that the person should, for a special reason in the particular case, not be treated as a member of a couple;
the Secretary may determine, in writing, that the person is not to be treated as a member of a couple for the purposes of this Act.
64 Paragraph 24(2)(a)
Omit "a person of the opposite sex", substitute "another person, whether of the same sex or a different sex".
65 Paragraph 24(2)(c)
Omit "marriage‑like", substitute "de facto".
66 At the end of section 24
Add:
(3) A determination made under subsection (1), (1A) or (2) is not a legislative instrument.
Note: The headings to subsections 93J(1) and (2) are altered by omitting " marital " and substituting " couple ".
67 Subsection 553B(3) (note 2)
Repeal the note, substitute:
Note 2: For parent see subsection 5(1), paragraph (b) of the definition of parent .
68 At the end of section 993
Add:
(3) If a young person (other than an adopted child) is a relationship child of a person because he or she is a child of the person, and of another person, within the meaning of the Family Law Act 1975 , the person and the other person are taken to be the young person's only parents for the purposes of this section.
69 Section 994
Before "A young person", insert "(1)".
70 At the end of section 994
Add:
(2) If a young person (other than an adopted child) is a relationship child of a person because he or she is a child of the person, and of another person, within the meaning of the Family Law Act 1975 , the person and the other person are taken to be the young person's only parents for the purposes of this section.
71 At the end of section 995
Add:
(3) If a young person (other than an adopted child) is a relationship child of a person because he or she is a child of the person, and of another person, within the meaning of the Family Law Act 1975 , the person and the other person are taken to be the young person's only parents for the purposes of this section.
72 Paragraphs 1061PL(2)(a) and (b)
Omit "natural or adopted child", substitute "natural child, adopted child or relationship child".
73 At the end of section 1061PL
Add:
Parents of relationship children
(8) If a person (other than a person who is an adopted child) is a relationship child of another person because he or she is a child of the other person, and of a third person, within the meaning of the Family Law Act 1975 , the other person and the third person are taken to be the person's only parents for the purposes of subsections (3), (4), (5), (6) and (7).
74 Paragraph 1064(4)(a)
Omit "a person of the opposite sex", substitute "another person, whether of the same sex or a different sex".
75 Paragraph 1064(4)(b)
Omit "marriage‑like", substitute "de facto".
76 Paragraph 1065(3)(a)
Omit "a person of the opposite sex", substitute "another person, whether of the same sex or a different sex".
77 Paragraph 1065(3)(b)
Omit "marriage‑like", substitute "de facto".
78 Paragraph 1066(3)(a)
Omit "a person of the opposite sex", substitute "another person, whether of the same sex or a different sex".
79 Paragraph 1066(3)(b)
Omit "marriage‑like", substitute "de facto".
80 Paragraph 1066A(5)(a)
Omit "a person of the opposite sex", substitute "another person, whether of the same sex or a different sex".
81 Paragraph 1066A(5)(b)
Omit "marriage‑like", substitute "de facto".
82 Paragraph 1066B(4)(a)
Omit "a person of the opposite sex", substitute "another person, whether of the same sex or a different sex".
83 Paragraph 1066B(4)(b)
Omit "marriage‑like", substitute "de facto".
84 Paragraphs 1067A(3)(a) and (b)
Omit "natural or adoptive child", substitute "natural child, adoptive child or relationship child".
85 At the end of section 1067A
Add:
Parents of relationship children
(13) If a person (other than a person who is an adopted child) is a relationship child of another person because he or she is a child of the other person, and of a third person, within the meaning of the Family Law Act 1975 , the other person and the third person are taken to be the person's only parents for the purposes of subsections (5), (6), (7), (8), (9) and (11).
86 Section 1067B
Before "A person", insert "(1)".
87 Paragraphs 1067B(d) and (e)
Omit "natural or adoptive child", substitute "natural child, adoptive child or relationship child".
88 At the end of section 1067B
Add:
(2) If a person (other than a person who is an adopted child) is a relationship child of another person because he or she is a child of the other person, and of a third person, within the meaning of the Family Law Act 1975 , the other person and the third person are taken to be the person's only parents for the purposes of paragraph (1)(b).
89 After paragraph 1067C(1)(a)
Insert:
(aa) both of the following conditions are met:
(i) a relationship between the person and another 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;
(ii) the person is not, in the Secretary's opinion (formed as mentioned in subsection (3)), living separately and apart from the other person on a permanent or indefinite basis; or
90 Subparagraph 1067C(1)(b)(i)
Omit "a person of the opposite sex", substitute "another person, whether of the same sex or a different sex".
91 Subparagraphs 1067C(1)(b)(iv), (v) and (vi)
Omit "marriage‑like", substitute "de facto".
92 Subparagraph 1067C(1)(b)(vii)
Omit "for the purposes of section 23B of the Marriage Act 1961 ".
93 After paragraph 1067C(2)(a)
Insert:
(aa) both of the following conditions are met:
(i) a relationship between the person and another person (whether of the same sex or a different sex) was 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 (whether or not the relationship is still registered);
(ii) the person was not, in the Secretary's opinion (formed as mentioned in subsection (3)), living separately and apart from the other person on a permanent or indefinite basis at all times while the relationship was registered; or
94 Subparagraph 1067C(2)(b)(i)
Omit "a person of the opposite sex", substitute "another person, whether of the same sex or a different sex".
95 Subparagraphs 1067C(2)(b)(iv), (v) and (vi)
Omit "marriage‑like", substitute "de facto".
96 Subparagraph 1067C(2)(b)(vii)
Omit "for the purposes of section 23B of the Marriage Act 1961 ".
97 Subsection 1067C(3)
After "(1)(a),", insert "subparagraph (1)(aa)(ii),".
98 Subsection 1067C(3)
After "(2)(a)", insert ", subparagraph (2)(aa)(ii)".
99 Subsection 1067C(4)
Omit "marriage‑like", substitute "de facto".
100 Section 1067C (note)
Repeal the note.
101 At the end of section 1067D
Add:
Parents of relationship children
(4) If a person (other than a person who is an adopted child) is a relationship child of another person because he or she is a child of the other person, and of a third person, within the meaning of the Family Law Act 1975 , the other person and the third person are taken to be the person's only parents for the purposes of paragraph (1)(b).
102 Paragraph 1067G(2)(a)
After "to the other person", insert "(whether the persons are the same sex or different sexes)".
103 Paragraph 1067G(2)(b)
Repeal the paragraph.
107 Point 1067G‑H21
Omit "the father, mother, son, daughter", substitute "a parent, child".
108 Point 1067G‑H22
Omit "the person's father, mother, son, daughter, brother or sister", substitute "a parent, child, brother or sister of the person".
109 Section 1067J
Before "A person", insert "(1)".
110 At the end of section 1067J
Add:
(2) If a person (other than a person who is an adopted child) is a relationship child of another person because he or she is a child of the other person, and of a third person, within the meaning of the Family Law Act 1975 , the other person and the third person are taken to be the person's only parents for the purposes of subsection (1).
111 Paragraph 1067L(2)(a)
After "to the other person", insert "(whether the persons are the same sex or different sexes)".
112 Paragraph 1067L(2)(b)
Omit "of the opposite sex and".
113 Point 1067L‑D17
Omit "the father, mother, son, daughter", substitute "a parent, child".
114 Point 1067L‑D18
Omit "the person's father, mother, son, daughter, brother or sister", substitute "a parent, child, brother or sister of the person".
115 Paragraph 1068(2)(a)
Omit "a person of the opposite sex", substitute "another person, whether of the same sex or a different sex".
116 Paragraph 1068(2)(b)
Omit "marriage‑like", substitute "de facto".
117 Paragraph (b) of point 1068‑B1A
Omit "natural or adopted child", substitute "natural child, adopted child or relationship child".
119 Point 1068‑G5
Omit "the father, mother, son, daughter", substitute "a parent, child".
120 Point 1068‑G6
Omit "the person's father, mother, son, daughter, brother or sister", substitute "a parent, child, brother or sister of the person".
121 Paragraph 1068A(3)(a)
Omit "a person of the opposite sex", substitute "another person, whether of the same sex or a different sex".
122 Paragraph 1068A(3)(b)
Omit "marriage‑like", substitute "de facto".
123 Point 1068B‑D5
Omit "the father, mother, son, daughter", substitute "a parent, child".
124 Point 1068B‑D6
Omit "the person's father, mother, son, daughter, brother or sister", substitute "a parent, child, brother or sister of the person".
125 Section 1207A (definition of child )
Repeal the definition, substitute:
"child" : without limiting who is a child of a person for the purposes of this Part, each of the following is the child of a person:
(a) an adopted child, step‑child or foster‑child of the person;
(b) someone who is a child of the person within the meaning of the Family Law Act 1975 .
126 Subsection 1207B(2)
Repeal the subsection, substitute:
(2) For the purposes of this section, if one person is the child of another person because of the definition of child in section 1207A, relationships traced to or through the person are to be determined on the basis that the person is the child of the other person.
127 Subsection 1209R(5) (definition of child )
Repeal the definition, substitute:
"child" of a principal beneficiary means:
(a) a natural child, adopted child or step‑child of the beneficiary; or
(b) someone who is a child of the beneficiary within the meaning of the Family Law Act 1975 .