SAME-SEX RELATIONSHIPS (EQUAL TREATMENT IN COMMONWEALTH LAWS--GENERAL LAW REFORM) ACT 2008 (NO. 144, 2008) - SCHEDULE 8 Foreign Affairs and Trade
SAME-SEX RELATIONSHIPS (EQUAL TREATMENT IN COMMONWEALTH LAWS--GENERAL LAW REFORM) ACT 2008 (NO. 144, 2008) - SCHEDULE 8
Foreign Affairs and TradePart 1 -- Amendment commencing on 1 July 2009
1 After paragraph 53(3)(c)
Insert:
(ca) the name on a certificate, entry or record relating to the registration of the person's relationship with another person, being a certificate, entry or record:
(i) issued or made under, or for the purposes of, a law of a State or Territory prescribed for the purposes of section 22B of the Acts Interpretation Act 1901 ; and
(ii) relating to a kind of relationship prescribed for the purposes of that section; and
(iii) issued or made by the Registrar of births, deaths and marriages (however described) of the State or Territory concerned; or
Part 2 -- Amendments commencing on the day after Royal Assent
Export Market Development Grants Act 1997
2 List of terms defined in Part 9
Insert the following entry in its appropriate alphabetical position (determined on a letter‑by‑letter basis):
child
3 List of terms defined in Part 9
Insert the following entry in its appropriate alphabetical position (determined on a letter‑by‑letter basis):
de facto partner
4 List of terms defined in Part 9
Omit "de facto spouse".
5 List of terms defined in Part 9
Insert the following entry in its appropriate alphabetical position (determined on a letter‑by‑letter basis):
parent
6 Section 107
Before "In", insert "(1)".
7 Section 107
Insert:
"child" : without limiting who is a child of an individual for the purposes of this Act, someone is the child of an individual if he or she is a child of the individual within the meaning of the Family Law Act 1975 .
8 Section 107
Insert:
de facto partner of an individual has the meaning given by the Acts Interpretation Act 1901 .
9 Section 107 (definition of de facto spouse )
Repeal the definition.
10 Section 107
Insert:
"parent" : without limiting who is a parent of an individual for the purposes of this Act, someone is the parent of an individual if the individual is his or her child because of the definition of child in this section.
11 Section 107 (definition of spouse )
Omit "de facto spouse", substitute "de facto partner".
12 At the end of section 107
Add:
(2) For the purposes of paragraph (b) of the definition of relative in subsection (1), relationships to an individual may also be traced to or through another individual who is:
(a) a de facto partner of the first individual; or
(b) an exnuptial or adoptive child of the first individual; or
(c) related to the first individual because of the definitions of child and parent in this section.
13 Application
The amendments of the Export Market Development Grants Act 1997 made by this Schedule apply in relation to grants in respect of a grant year commencing on or after 1 July 2009.
Trade Representatives Act 1933
14 Subsection 11(11)
Repeal the subsection, substitute:
(11) For the purposes of this section, the members of a person's family 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 this section;
(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.
(12) In this section:
"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 .
"relevant person" means:
(a) a Trade Representative; or
(b) an officer appointed under section 10.