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Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 No , 2008 A Bill for An Act to amend various Acts and instruments to make further provision in relation to same sex and other de facto relationships.
Clause 1 Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 The Legislature of New South Wales enacts: 1 1 Name of Act 2 This Act is the Miscellaneous Acts Amendment (Same Sex 3 Relationships) Act 2008. 4 2 Commencement 5 This Act commences on a day or days to be appointed by proclamation. 6 3 Amendment of Anti-Discrimination Act 1977 No 48 7 The Anti-Discrimination Act 1977 is amended as set out in Schedule 1. 8 4 Amendment of Status of Children Act 1996 No 76 9 The Status of Children Act 1996 is amended as set out in Schedule 2. 10 5 Amendment of other Acts and instruments 11 The Acts and instruments specified in Schedule 3 are amended as set out 12 in that Schedule. 13 6 Explanatory notes 14 The matter appearing under the heading "Explanatory note" in any of 15 the Schedules does not form part of this Act. 16 7 Repeal of Act 17 (1) This Act is repealed on the day following the day on which all of the 18 provisions of this Act have commenced. 19 (2) The repeal of this Act does not, because of the operation of section 30 20 of the Interpretation Act 1987, affect any amendment made by this Act. 21 Page 2
Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 Amendment of Anti-Discrimination Act 1977 No 48 Schedule 1 Schedule 1 Amendment of Anti-Discrimination Act 1 1977 No 48 2 (Section 3) 3 [1] Section 4 Definitions 4 Insert in alphabetical order in section 4 (1): 5 de facto partner of a person means the other party to a de facto 6 relationship with the person. 7 de facto relationship has the same meaning as in the Property 8 (Relationships) Act 1984. 9 marital or domestic status means the status or condition of being: 10 (a) single, or 11 (b) married, or 12 (c) married but living separately and apart from one's spouse, 13 or 14 (d) divorced, or 15 (e) widowed, or 16 (f) in a de facto relationship. 17 [2] Section 4 (1), definition of "marital status" 18 Omit the definition. 19 [3] Section 4 (1), definition of "near relative" 20 Insert ", de facto partner" after "spouse". 21 [4] Section 4 (1), definition of "relative" 22 Insert ", or the de facto partner of the person" after "adoption". 23 [5] Sections 24 (2) (b), 39, 40 (1) and (2), 41, 42, 42A, 42B, 43, 44, 45, 46, 24 46A (1) and (2), 47, 48 (1) and (2), 48A, 49, 59 and 122C (a) 25 Insert "or domestic" after "marital" wherever occurring. 26 [6] Part 4, heading 27 Insert "or domestic" after "marital". 28 Page 3
Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 Schedule 1 Amendment of Anti-Discrimination Act 1977 No 48 [7] Section 49S Meaning of "responsibilities as a carer" 1 Omit the definition of de facto relationship from section 49S (3). 2 Explanatory note 3 Part 4 of the Anti-Discrimination Act 1977 (the Act) prohibits discrimination against a 4 person, in the circumstances described in that Part, on the ground of the person's 5 marital status. 6 Item [1] of the proposed amendments to the Act, together with item [2] of those 7 amendments, replaces the term marital status with the term marital or domestic 8 status. 9 Currently, the term marital status extends to the status or condition of being in 10 cohabitation, otherwise than in marriage, with a person of the opposite sex. The 11 proposed new term of marital or domestic status, when read with the proposed 12 definition of de facto relationship inserted by item [1], extends to the status or 13 condition of being in a de facto relationship within the meaning of the Property 14 (Relationships) Act 1984. 15 Item [1] also inserts a new definition of de facto partner. 16 Items [5] and [6] of the proposed amendments are consequential on the replacement 17 of the term marital status with the term marital or domestic status by items [1] 18 and [2]. 19 Item [7] of the proposed amendments is consequential on the insertion of the new 20 definition of de facto relationship by item [1]. 21 The Act prohibits discrimination of various kinds (for example, discrimination on the 22 ground of race, sex or marital status) in a number of different areas, including in the 23 provision of accommodation. However, it is not unlawful to discriminate in the provision 24 of accommodation if (among other things) a near relative of the person providing that 25 accommodation resides on those premises. The term near relative of a person is 26 defined to include the spouse of the person. Item [3] of the proposed amendments, 27 when read with the proposed new definitions of de facto partner and de facto 28 relationship, extends the term near relative to include the other party to a de facto 29 relationship (within the meaning of the Property (Relationships) Act 1984) with the 30 person. 31 The Act makes discrimination against a person unlawful on the ground of the race, sex, 32 marital status, disability, homosexuality or age of a relative of the person or on the 33 ground that the relative is a transgender person. The term relative of a person is 34 defined to include a person who is related by marriage to the person. Item [4] of the 35 proposed amendments extends that term to include the de facto partner of the person. 36 Page 4
Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 Amendment of Status of Children Act 1996 No 76 Schedule 2 Schedule 2 Amendment of Status of Children Act 1 1996 No 76 2 (Section 4) 3 [1] Section 14 Presumptions of parentage arising out of use of fertilisation 4 procedures 5 Insert after section 14 (1): 6 (1A) When a woman who is in a de facto relationship with another 7 woman has undergone a fertilisation procedure as a result of 8 which she becomes pregnant: 9 (a) the other woman is presumed to be a parent of any child 10 born as a result of the pregnancy, but only if the other 11 woman consented to the procedure, and 12 (b) the woman who has become pregnant is presumed to be the 13 mother of any child born as a result of the pregnancy even 14 if she did not provide the ovum used in the procedure. 15 [2] Section 14 (3) 16 Insert "This subsection does not affect the presumption arising under 17 subsection (1A) (a)." at the end of the subsection. 18 [3] Section 14 (5A) 19 Insert after section 14 (5): 20 (5A) In any proceedings in which the operation of subsection (1A) is 21 relevant, the consent of a woman to the carrying out of a 22 fertilisation procedure that results in the pregnancy of her de 23 facto partner is presumed. 24 [4] Section 14 (6) (a) 25 Omit "living with a man as his wife on a bona fide domestic basis although not 26 married to him". 27 Insert instead "in a de facto relationship with a man". 28 [5] Section 14 (6) (b) (i) 29 Omit "living with another person of the opposite sex as his or her spouse on a 30 bona fide domestic basis although not married to the other person". 31 Insert instead "in a de facto relationship with a person of the opposite sex". 32 Page 5
Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 Schedule 2 Amendment of Status of Children Act 1996 No 76 [6] Section 14 (7) 1 Insert after section 14 (6): 2 (7) In this section: 3 de facto partner, in relation to a person, means the other party to 4 a de facto relationship with the person. 5 de facto relationship has the same meaning as in the Property 6 (Relationships) Act 1984. 7 [7] Schedule 2 Savings and transitional provisions 8 Insert at the end of clause 1 (1): 9 Miscellaneous Acts Amendment (Same Sex Relationships) 10 Act 2008, but only to the extent that it amends this Act 11 [8] Schedule 2, Part 3 12 Insert after Part 2: 13 Part 3 Provision consequent on enactment of 14 Miscellaneous Acts Amendment (Same 15 Sex Relationships) Act 2008 16 7 Parentage presumption to apply in relation to fertilisation 17 procedures occurring before commencement 18 (1) The presumptions arising under section 14 (1A) in relation to a 19 child born as the result of a fertilisation procedure, as inserted by 20 the Miscellaneous Acts Amendment (Same Sex Relationships) 21 Act 2008, extend to a procedure undertaken, and a consent given, 22 before the commencement of that subsection. This subclause 23 applies even though at the time the consent was given the 24 presumptions did not apply. 25 (2) However, those presumptions do not apply so as to affect: 26 (a) the previous operation of this or any other Act or law, or 27 (b) any will executed before the commencement of section 28 14 (1A), or 29 (c) the vesting in possession or in interest of any property 30 before the commencement of section 14 (1A). 31 (3) In this clause: 32 will includes a codicil and any other testamentary disposition. 33 Page 6
Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 Amendment of Status of Children Act 1996 No 76 Schedule 2 Explanatory note 1 Section 14 of the Status of Children Act 1996 (the Act) set out a number of irrebuttable 2 presumptions as to the parentage of a child born as a result of a fertilisation procedure. 3 One of those presumptions is that a man who consents to his wife or de facto partner 4 undergoing a fertilisation procedure, even if the procedure involves the use of another 5 man's sperm, is presumed to be the father of any child born as a result of any 6 pregnancy arising from the procedure (see section 14 (1) (a) and (6)). Another of the 7 presumptions is that a woman who is married to, or in a de facto relationship with, a 8 man and becomes pregnant as a result of the use of another woman's ovum is 9 presumed to be the mother of any child born as a result of the pregnancy (see section 10 14 (1) (b) and (6)). 11 Item [1] of the proposed amendments to the Act provides for the extension of both of 12 those irrebuttable presumptions to a child born in the context of a de facto relationship 13 involving 2 women. Firstly, it provides that a woman who consents to her female de 14 facto partner undergoing a fertilisation procedure is presumed to be a parent of any 15 child born as a result of any pregnancy arising from the procedure. Secondly, it 16 provides that a woman who is in a de facto relationship with a woman and becomes 17 pregnant as a result of the use of an ovum other than her own is presumed to be the 18 mother of any child born as a result of the pregnancy. Items [2] and [3] of the proposed 19 amendments make consequential amendments. 20 Item [6] of the proposed amendments inserts definitions of de facto partner and de 21 facto relationship for the purposes of section 14. The term de facto relationship is 22 defined to have the same meaning as in the Property (Relationships) Act 1984. 23 Items [4] and [5] of the proposed amendments make consequential amendments. 24 Item [7] of the proposed amendments enables savings and transitional regulations to 25 be made as a consequence of the enactment of the proposed Act (but only to the extent 26 that it amends the Status of Children Act 1996). 27 Item [8] of the proposed amendments provides for the proposed parentage 28 presumptions set out in item [1] to extend to a fertilisation procedure undertaken, and 29 a consent given, before the commencement of the proposed amendments, but not so 30 as to affect: 31 (a) the previous operation of any Act or other law, or 32 (b) any will executed before that commencement, or 33 (c) the vesting in possession or in interest of any property before that 34 commencement. 35 Page 7
Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 Schedule 3 Amendment of other Acts and instruments Schedule 3 Amendment of other Acts and 1 instruments 2 (Section 5) 3 3.1 Aboriginal Land Rights Act 1983 No 42 4 [1] Section 4 Definitions 5 Insert in alphabetical order in section 4 (1): 6 de facto partner of a person, means the other party to a de facto 7 relationship (within the meaning of the Property (Relationships) 8 Act 1984) with the person. 9 [2] Section 4 (1), definition of "relative" 10 Insert "or de facto partner" after "spouse" in paragraph (a). 11 Explanatory note 12 For the purposes of Part 10 (Honesty and disclosure of interests) of the Aboriginal Land 13 Rights Act 1983 (the Act), a person is taken to have a pecuniary interest in a matter if 14 the person's spouse, de facto partner, relative or certain other persons associated with 15 the person have a pecuniary interest in the matter. 16 Item [1] of the proposed amendments to the Act inserts a definition of de facto partner 17 into the Act that makes it clear that the term applies to de facto relationships within the 18 meaning of the Property (Relationships) Act 1984. 19 Item [2] of the proposed amendments extends the definition of relative of a person to 20 include the de facto partners of those relatives of the person who are listed in 21 paragraph (a) of the definition. The de facto partner of the person is already included 22 in paragraph (b) of the definition. 23 3.2 Agricultural Industry Services Act 1998 No 45 24 Section 48 Disclosure and misuse of information 25 Insert after section 48 (2): 26 (3) In this section: 27 de facto partner of a person means the other party to a de facto 28 relationship (within the meaning of the Property (Relationships) 29 Act 1984) with the person. 30 Explanatory note 31 The proposed amendment to section 48 of the Agricultural Industry Services Act 1998 32 inserts a definition of de facto partner for the purposes of that section. Section 48 (2) 33 of that Act makes it an offence for a person to use certain information, acquired by the 34 person in the administration or execution of that Act, for the purpose of gaining an 35 advantage for the person or certain other associates of the person, including the 36 person's spouse or de facto partner. The information concerned is information that is 37 not generally known but if generally known might reasonably be expected to materially 38 affect the market value or price of any primary product. 39 Page 8
Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 Amendment of other Acts and instruments Schedule 3 3.3 Apprenticeship and Traineeship Act 2001 No 80 1 [1] Section 25 Juniors not to be employed in recognised trade vocations 2 unless apprentices or qualified tradespersons 3 Insert ", de facto partner" after "spouse" in section 25 (2) (b). 4 [2] Section 25 (3) 5 Insert after section 25 (2): 6 (3) In this section: 7 de facto partner of a person means the other party to a de facto 8 relationship (within the meaning of the Property (Relationships) 9 Act 1984) with the person. 10 Explanatory note 11 Section 25 (1) of the Apprenticeship and Traineeship Act 2001 (the Act) makes it an 12 offence for an employer to employ a junior in a recognised trade vocation, within the 13 meaning of the Act, unless the junior is an apprentice or qualified tradesperson in that 14 vocation. Section 25 (2) (b) of the Act provides that this offence does not apply to the 15 employment of a person by a spouse. Items [1] and [2] of the proposed amendments 16 extend the circumstances in which the offence does not apply to the employment of a 17 person who is in a de facto relationship, within the meaning of the Property 18 (Relationships) Act 1984, with the employer. 19 3.4 Bail Regulation 1999 20 [1] Clause 3 Definitions 21 Insert in alphabetical order in clause 3 (1): 22 de facto partner, in relation to a person, means the other party to 23 a de facto relationship (within the meaning of the Property 24 (Relationships) Act 1984) with the person. 25 [2] Clause 8 Manner of application in relation to bail: sec 22 26 Omit "(lawful or de facto)" from clause 8 (2). 27 Insert instead ", de facto partner". 28 [3] Clause 11 Notice of bail decisions in cases of alleged sexual assault and 29 personal violence offences 30 Omit "domestic" from paragraph (a) of the definition of personal violence 31 offence in clause 11 (4). 32 Insert instead "personal". 33 [4] Clause 11 (5) 34 Omit "domestic". Insert instead "personal". 35 Page 9
Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 Schedule 3 Amendment of other Acts and instruments [5] Schedule 1 Forms 1 Insert "de facto partner," after "spouse," in the matter appearing under the 2 heading "Acknowledgment" in Form 6. 3 Explanatory note 4 Item [1] of the proposed amendments to the Bail Regulation 1999 (the Regulation) 5 inserts a definition of de facto partner into the Regulation that refers to a party to a de 6 facto relationship within the meaning of the Property (Relationships) Act 1984. 7 The proposed amendment by item [2] to clause 8 of the Regulation, when read with the 8 new definition of de facto partner inserted by item [1], makes it clear that an 9 application for bail may be signed on behalf of an accused person by that person's de 10 facto partner, whether or not of the same sex. 11 The proposed new definition of de facto partner will also operate in clause 11 of the 12 Regulation, clarifying that notice of a bail decision in respect of an offence under 13 section 61 of the Crimes Act 1900 (Common assault prosecuted by indictment) must 14 be given to an alleged victim who is in a de facto relationship, within the meaning of the 15 Property (Relationships) Act 1984, with the accused. 16 The proposed amendment by item [5] to Form 6 in Schedule 1 to the Regulation 17 includes the de facto partner of an accused person in a list of examples of persons who 18 (if regarded as acceptable persons) may acknowledge, as a condition of bail, their 19 acquaintance with the accused and that the accused person is likely to comply with his 20 or her bail undertaking. 21 Items [3] and [4] of the proposed amendments make amendments to clause 11 of the 22 Regulation, by way of statute law revision. Clause 11 (5) of the Regulation defines the 23 term domestic relationship for the purposes of paragraph (a) of the definition of 24 personal violence offence in clause 11 (4). A different definition of domestic 25 relationship appears in section 4 of the Bail Act 1978. Items [3] and [4] change the 26 term domestic relationship to personal relationship to avoid potential confusion. 27 3.5 Births, Deaths and Marriages Registration Act 1995 No 62 28 [1] Section 12 Notification of births 29 Insert "birth" before "mother" in section 12 (4). 30 [2] Section 12 (5), definition of "responsible person" 31 Insert "birth" before "mother" in paragraph (b). 32 [3] Section 18 Registration of parentage details 33 Omit "the father and mother" from section 18 (a). 34 Insert instead "both parents". 35 [4] Schedule 3 Savings, transitional and other provisions 36 Insert at the end of clause 1 (1): 37 Miscellaneous Acts Amendment (Same Sex Relationships) Act 38 2008 (but only to the extent that it relates to this Act or 39 amendments to the Status of Children Act 1996 that affect the 40 operation of this Act) 41 Page 10
Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 Amendment of other Acts and instruments Schedule 3 [5] Schedule 3, Part 4 1 Insert after clause 16: 2 Part 4 Provision consequent on enactment of 3 Miscellaneous Acts Amendment (Same 4 Sex Relationships) Act 2008 5 17 Application to alter register as consequence of amendment of 6 Status of Children Act 1996 7 (1) In this clause: 8 relevant provisions means section 14 (1A) (a) of, and clause 7 of 9 Schedule 2 to, the Status of Children Act 1996, as inserted by the 10 Miscellaneous Acts Amendment (Same Sex Relationships) Act 11 2008. 12 (2) An application may be made to the Registrar for the addition of 13 registrable information, about the identity of a woman who is 14 presumed to be a parent of the child under the relevant 15 provisions, in the birth registration of a child born before the 16 commencement of those provisions. 17 (3) The Registrar is to determine the application by making the 18 addition or refusing to make the addition. 19 (4) The Registrar must not add registrable information in the child's 20 birth registration about the identity of the woman as a parent of 21 the child unless: 22 (a) the application is made jointly by that woman and the birth 23 mother, and 24 (b) if the child's birth registration already includes registrable 25 information that purports to identify a person as the father 26 of the child: 27 (i) that person has given his consent to the removal of 28 the particulars from the birth registration that 29 identify him as the father of the child (or a court or 30 the regulations authorise their removal because the 31 person is not the father by operation of law or 32 otherwise), and 33 (ii) the Registrar removes those particulars from the 34 birth registration, and 35 (c) if the Registrar requires verification of the information 36 contained in the application--the application is 37 accompanied by a statutory declaration verifying the 38 Page 11
Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 Schedule 3 Amendment of other Acts and instruments information contained in the application and any other 1 evidence that the Registrar may require. 2 (5) An application made under this clause must be in a form 3 approved by the Registrar. 4 (6) This clause has effect despite sections 18 and 20 of this Act and 5 clause 7 (2) of Schedule 2 to the Status of Children Act 1996. 6 Explanatory note 7 Items [1][3] of the proposed amendments to the Births, Deaths and Marriages 8 Registration Act 1995 (the Act) are consequential on the amendments made to the 9 parentage presumptions under the Status of Children Act 1996 (the SOC Act) that are 10 set out in Schedule 2. 11 Item [4] of the proposed amendments enables savings and transitional regulations to 12 be made as a consequence of the proposed Act (but only to the extent that it amends 13 the Act or amendments to the SOC Act that affect the operation of the Act). 14 Item [5] of the proposed amendments is a transitional provision that is consequent on 15 the enactment of the amendments to the SOC Act that are set out in Schedule 2. The 16 provision enables the Registrar of Births, Deaths and Marriages to amend the 17 information relating to parentage of a child, born before the commencement of relevant 18 amendments to the SOC Act, on the child's birth registration. In particular, the Registrar 19 may: 20 (a) add information to the child's birth registration about the identity of a woman 21 who is presumed to be a parent, in the circumstances set out in those 22 amendments to the SOC Act, as the de facto partner of the birth mother of the 23 child, and 24 (b) where relevant, remove information that purports to identify a person as the 25 father of the child. 26 The Registrar may only alter the child's birth registration on the joint application of the 27 birth mother and the woman who is presumed to be a parent as the birth mother's de 28 facto partner. Where the child's birth registration contains information that purports to 29 identify a person as the father of the child, that person's consent will also be required 30 to the removal of the identifying particulars from the registration (unless a court or the 31 regulations authorise their removal because the person is not the father by operation 32 of law or otherwise). 33 The removal of information purporting to identify a person as the father of the child 34 covers circumstances in which a child's birth registration contains information that 35 purports to identify a sperm donor as the father of the child. The SOC Act provides for 36 an irrebuttable presumption that a sperm donor can only be the father in those 37 circumstances where he is the husband or de facto partner of the birth mother. 38 3.6 Births, Deaths and Marriages Registration Regulation 2006 39 [1] Clause 3 Definitions 40 Insert in alphabetical order in clause 3 (1): 41 de facto partner, in relation to a person, means the other party to 42 a de facto relationship (within the meaning of the Property 43 (Relationships) Act 1984) with the person. 44 Page 12
Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 Amendment of other Acts and instruments Schedule 3 [2] Clause 4 Notification of birth 1 Omit clause 4 (e). Insert instead: 2 (e) the full name, maiden family name, date of birth and (at the 3 time of delivery) usual place of residence of the birth 4 mother of the child, 5 [3] Clause 5 Registration of birth 6 Insert "birth" before "mother" in clause 5 (1) (b). 7 [4] Clause 5 (1) (e) 8 Omit clause 5 (1) (e)(h). Insert instead: 9 (e) the full name, maiden family name (if any), date of birth 10 (or age), place of birth, occupation and (at the time of 11 delivery) usual place of residence of each parent of the 12 child, 13 [5] Clause 5 (1) (j) 14 Insert "birth" before "mother". 15 [6] Clause 5 (1) (k) 16 Omit "the mother or father". Insert instead "either of the parents". 17 [7] Clause 10 Persons who may apply for old birth certificate 18 Insert "or de facto partner" after "spouse" wherever occurring in clause 19 10 (1) (c). 20 [8] Clause 12 (ia) 21 Insert after clause 12 (i): 22 (ia) the full name and maiden family name (if any) of any de 23 facto partner of the deceased, 24 [9] Clause 12 (k) 25 Omit clause 12 (k) and (l). Insert instead: 26 (k) the full name, maiden family name (if any) and occupation 27 of each parent of the deceased. 28 [10] Clause 13 (ka) 29 Insert after clause 13 (k): 30 (ka) the full name and maiden family name (if any) of any de 31 facto partner of the deceased, 32 Page 13
Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 Schedule 3 Amendment of other Acts and instruments [11] Clause 13 (m) 1 Omit clause 13 (m) and (n). Insert instead: 2 (m) the full name, maiden family name (if any) and occupation 3 of each parent of the deceased. 4 [12] Clause 14 (ha) 5 Insert after clause 14 (h): 6 (ha) the full name and maiden family name (if any) of any de 7 facto partner of the deceased, 8 [13] Clause 14 (j) 9 Omit clause 14 (j) and (k). Insert instead: 10 (j) the full name, maiden family name (if any) and occupation 11 of each parent of the deceased. 12 Explanatory note 13 Items [2][6], [9], [11] and [13] of the proposed amendments to the Births, Deaths and 14 Marriages Registration Regulation 2006 (the Regulation) are consequential on the 15 amendments made to the parentage presumptions under the Status of Children Act 16 1996 that are set out in Schedule 2. 17 Items [7], [8], [10] and [12] of the proposed amendments extend provisions that 18 currently apply in relation to spouses to persons in de facto relationships within the 19 meaning of the Property (Relationships) Act 1984. For this purpose, item [1] of the 20 proposed amendments inserts a definition of de facto partner into the Regulation that 21 refers to such relationships. 22 Item [7] of the proposed amendments will ensure that a de facto partner of a 23 transgender person is among the persons who may apply for a birth certificate showing 24 the sex of a transgender person before the record of the transgender person's sex was 25 altered under Part 5A of the Births, Deaths and Marriages Registration Act 1995. 26 Clauses 1214 of the Regulation require funeral directors or others arranging the 27 disposal, or having custody, of human remains to provide certain particulars about the 28 deceased to the Registrar of Births, Deaths and Marriages, including particulars of any 29 spouse of the deceased. Items [8], [10] and [12] of the proposed amendments will 30 ensure that particulars relating to any de facto partner of the deceased are also 31 required to be provided to the Registrar. 32 3.7 Central Coast Water Corporation Act 2006 No 105 33 [1] Schedule 6 Duties and liabilities of directors and other officers 34 Insert "or de facto partner" after "a spouse" wherever occurring in clause 4 (1). 35 [2] Schedule 6, clause 4 (1) 36 Omit "or spouse" wherever occurring. 37 Insert instead ", spouse or de facto partner". 38 Page 14
Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 Amendment of other Acts and instruments Schedule 3 [3] Schedule 6, clause 4 (4) 1 Insert in alphabetical order: 2 de facto partner, in relation to a director, means the other party 3 to a de facto relationship (within the meaning of the Property 4 (Relationships) Act 1984) with the director. 5 Explanatory note 6 Clause 4 of Schedule 6 to the Central Coast Water Corporation Act 2006 prohibits the 7 Central Coast Water Corporation making a loan to a director, a spouse of a director or 8 a relative of a director or spouse. That clause also prohibits the Corporation giving a 9 guarantee or providing security in connection with a loan made to any of those persons. 10 The proposed amendments to that clause extend those prohibitions to apply to a loan 11 made, guarantee given or security provided to a de facto partner of a director or a 12 relative of any such de facto partner (whether of the same or the opposite sex). 13 3.8 Charles Sturt University Act 1989 No 76 14 Schedule 3 Duties of Council members 15 Insert in alphabetical order in clause 5 (10): 16 de facto partner, in relation to a member or other person, means 17 the other party to a de facto relationship (within the meaning of 18 the Property (Relationships) Act 1984) with the member or other 19 person. 20 Explanatory note 21 Among other things, clause 5 of Schedule 3 to the Charles Sturt University Act 1989 22 (the Act) requires a member of the Council of Charles Sturt University to disclose a 23 material interest that the member has in a matter under consideration by the Council 24 where the interest appears to raise a conflict with the proper performance of the 25 member's duties in the consideration of the matter. A member has a material interest 26 in a matter if a determination of the Council in the matter may result in a detriment to, 27 or a benefit for, the member or an associate of the member. Associate of a member is 28 defined to include the de facto partner of the member and the de facto partner of certain 29 other persons defined as associates of the member, such as a parent, business partner 30 or friend. 31 The proposed amendment to the Act makes it clear that, for the purposes of clause 5 32 of Schedule 3, the term de facto partner refers to a party to a de facto relationship 33 within the meaning of the Property (Relationships) Act 1984. 34 Parallel amendments are proposed to the following Acts: 35 (a) the Macquarie University Act 1989 (see Schedule 3.33), 36 (b) the Southern Cross University Act 1993 (see Schedule 3.42), 37 (c) the University of New England Act 1993 (see Schedule 3.48), 38 (d) the University of New South Wales Act 1989 (see Schedule 3.49), 39 (e) the University of Newcastle Act 1989 (see Schedule 3.50), 40 (f) the University of Sydney Act 1989 (see Schedule 3.51), 41 Page 15
Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 Schedule 3 Amendment of other Acts and instruments (g) the University of Technology, Sydney, Act 1989 (see Schedule 3.52), 1 (h) the University of Western Sydney Act 1997 (see Schedule 3.53), 2 (i) the University of Wollongong Act 1989 (see Schedule 3.54). 3 3.9 Charles Sturt University By-law 2005 4 Clause 2 Definitions 5 Insert in alphabetical order in clause 2 (1): 6 de facto partner of a person means the other party to a de facto 7 relationship (within the meaning of the Property (Relationships) 8 Act 1984) with the person. 9 Explanatory note 10 The proposed amendment to the Charles Sturt University By-law 2005 (the By-law) will 11 make it clear that, for the purposes of clauses 34 and 79 of the By-law, the term 12 associate of a person includes the other party to a de facto relationship (within the 13 meaning of the Property (Relationships) Act 1984) with the person and the parent, 14 child, brother or sister, business partner or friend of that other party. Among other 15 things, clauses 34 and 79 of the By-law enable certain applicants for appointment to 16 the Council to be required to complete and sign a declaration as to any material 17 personal interests of associates of the applicants in matters likely to be considered at 18 a meeting of the Council. 19 3.10 Commercial Agents and Private Inquiry Agents Act 2004 20 No 70 21 [1] Schedule 2 Trust accounts, records and receivership in relation to debt 22 collection 23 Omit clause 27 (2) (b). Insert instead: 24 (b) an existing or former de facto partner, or 25 [2] Schedule 2, clause 27 (3) 26 Insert after clause 27 (2): 27 (3) In this clause: 28 de facto partner, in relation to a licensee or other person, means 29 the other party to a de facto relationship (within the meaning of 30 the Property (Relationships) Act 1984) with the licensee or other 31 person. 32 Explanatory note 33 Part 3 of Schedule 2 to the Commercial Agents and Private Inquiry Agents Act 2004 34 provides for the receivership of property of: 35 (a) a person who is the holder of a master licence for debt collection under the Act 36 (a licensee), or 37 (b) a licensee's associate. 38 Page 16
Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 Amendment of other Acts and instruments Schedule 3 For the purposes of that Part, a licensee's associate includes an opposite sex, but not 1 a same sex, de facto partner of the licensee. 2 The proposed amendments to Schedule 2 to the Act extend Part 3 of that Schedule to 3 the receivership of property of a same sex de facto partner of a licensee. 4 3.11 Commercial Agents and Private Inquiry Agents Regulation 5 2006 6 [1] Clause 14 Application fees 7 Insert "or de facto partner" after "spouse" in clause 14 (5) (b) (ii). 8 [2] Clause 14 (6) 9 Insert after clause 14 (5): 10 (6) In this clause: 11 de facto partner of an individual means the other party to a de 12 facto relationship (within the meaning of the Property 13 (Relationships) Act 1984) with the individual. 14 Explanatory note 15 The proposed amendments to clause 14 of the Commercial Agents and Private Inquiry 16 Agents Regulation 2006 provide for individuals in de facto relationships (within the 17 meaning of the Property (Relationships) Act 1984) to be treated similarly, for the 18 purposes of that clause, to individuals who are married. Under that clause, an individual 19 is not required to pay any fee in relation to an application for an operator licence if the 20 application is made together with a similar application by a proprietary company for a 21 master licence and, among other things, the individual is a director of the company and 22 any other director of the company is the spouse, parent, sibling, son or daughter of the 23 individual. 24 3.12 Constitution (Disclosures by Members) Regulation 1983 25 [1] Clause 7 Interpretation: Part 3 26 Insert in alphabetical order in clause 7 (1): 27 de facto partner of a Member means the other party to a de facto 28 relationship (within the meaning of the Property (Relationships) 29 Act 1984) with the Member. 30 [2] Clause 7 (1), definition of "relative" 31 Insert "or de facto partner" after "spouse" wherever occurring. 32 Explanatory note 33 The proposed amendments to the Constitution (Disclosures by Members) Regulation 34 1983 extend provisions currently applying in relation to spouses of Members of the New 35 South Wales Parliament to persons with whom Members are in a de facto relationship 36 within the meaning of the Property (Relationships) Act 1984. In particular, the 37 amendments will ensure that particulars of gifts and contributions to travel received by 38 a Member from the Member's de facto partner or certain relatives of the de facto 39 Page 17
Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 Schedule 3 Amendment of other Acts and instruments partner, and particulars of any liability to pay a debt to the de facto partner or those 1 relatives, do not need to be disclosed by a Member. 2 3.13 Contaminated Land Management Act 1997 No 140 3 Section 54 Site auditor to avoid conflicts of interest 4 Insert after section 54 (3): 5 (4) In this section: 6 de facto partner of a person means the other party to a de facto 7 relationship (within the meaning of the Property (Relationships) 8 Act 1984) with the person. 9 Explanatory note 10 Section 54 of the Contaminated Land Management Act 1997 (the Act) provides that a 11 site auditor must not carry out a site audit on land if, among other things, the auditor: 12 (a) is related to an owner or occupier of the land, or 13 (b) has a pecuniary interest in the land or any activity carried out on the land. 14 A site auditor is related to a person, for the purposes of the section, if the site auditor 15 is a de facto partner of the person. Further, a site auditor has a pecuniary interest, for 16 the purposes of that section, if there is a reasonable likelihood or expectation of 17 appreciable financial gain or loss to a person to whom the auditor is related. 18 The proposed amendment to section 54 of the Act inserts a definition of de facto 19 partner that makes it clear that the term applies in relation to de facto relationships 20 within the meaning of the Property (Relationships) Act 1984. 21 3.14 Co-operative Housing and Starr-Bowkett Societies Act 1998 22 No 11 23 [1] Section 3 Definitions 24 Insert in alphabetical order in section 3 (1): 25 de facto partner, in relation to a person, means the other party to 26 a de facto relationship (within the meaning of the Property 27 (Relationships) Act 1984) with the person. 28 [2] Section 4 Interpretation--meaning of "associate" 29 Insert ", de facto partner" after "spouse" in section 4 (2) (b). 30 [3] Section 103 Financial accommodation to directors and associates 31 Insert "or de facto partner" after "spouse" wherever occurring in paragraphs 32 (a), (b) (i) and (c) (i) of the definition of associate in section 103 (1). 33 Explanatory note 34 Item [1] of the proposed amendments to the Co-operative Housing and Starr-Bowkett 35 Societies Act 1998 (the Act) inserts a definition of de facto partner into the Act that 36 refers to de facto relationships within the meaning of the Property (Relationships) Act 37 Page 18
Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 Amendment of other Acts and instruments Schedule 3 1984. The term is used in sections 4 and 103 of the Act, as proposed to be amended 1 by items [2] and [3]. 2 Section 4 of the Act provides that a person is an associate of another, or is associated 3 with another, if any of a number of specified kinds of relationships exists between them, 4 including a relationship where one is a spouse of the other. Item [2] of the proposed 5 amendments extends the specified relationships to include a relationship where one is 6 a de facto partner of the other. This proposed amendment operates in section 107 of 7 the Act, which enables the Supreme Court to make certain orders prohibiting an 8 associate of a person from transferring money or other property where proceedings are 9 instituted under the Act. 10 Section 103 of the Act generally restricts the provision of financial accommodation by 11 a co-operative housing society or a Starr-Bowkett society to a director of the society or 12 an associate of the director, including any of the following: 13 (a) the director's spouse, 14 (b) a trustee of a trust under which the director's spouse has a beneficial interest, 15 (c) a body corporate if, among other things, the director's spouse has a material 16 interest in shares in the body corporate. 17 Item [3] of the proposed amendments extends this restriction to the provision of 18 financial accommodation to any of the following: 19 (a) the de facto partner of a director, 20 (b) a trustee of a trust under which the director's de facto partner has a beneficial 21 interest, 22 (c) a body corporate if, among other things, the director's de facto partner has a 23 material interest in shares in the body corporate. 24 3.15 Co-operative Housing and Starr-Bowkett Societies 25 Regulation 2005 26 Schedule 3 Prescribed information relating to proposed compromise or 27 arrangement 28 Omit the definition of internal creditor from clause 1. Insert instead: 29 internal creditor means a creditor who is: 30 (a) a member of the society, or 31 (b) a spouse, de facto partner or relative of a member, or 32 (c) a relative of a spouse or de facto partner of a member. 33 Explanatory note 34 The term internal creditor in clause 1 of Schedule 3 to the Co-operative Housing and 35 Starr-Bowkett Societies Regulation 2005 (the Regulation) includes the spouse of a 36 member of a co-operative housing society or a Starr-Bowkett society (as a spouse is a 37 relative, as defined in that clause) and the relatives of a spouse of such a member. The 38 term operates in clause 2 of Schedule 3 to the Regulation, which prescribes certain 39 information that must be provided in relation to a proposed compromise or 40 arrangement between a co-operative housing society or Starr-Bowkett society and its 41 creditors. 42 The proposed amendment to the Regulation extends the definition of internal creditor 43 to include a de facto partner, and the relative of a de facto partner, of a member of a 44 Page 19
Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 Schedule 3 Amendment of other Acts and instruments co-operative housing society or a Starr-Bowkett society. The term de facto partner in 1 that definition will refer to de facto relationships within the meaning of the Property 2 (Relationships) Act 1984 as a consequence of the insertion of the definition in the 3 Co-operative Housing and Starr-Bowkett Societies Act 1998 by item [1] of Schedule 4 3.14. 5 3.16 Crimes (Administration of Sentences) Regulation 2001 6 [1] Schedule 1 Information to be recorded in relation to inmates 7 Insert "(within the meaning of the Property (Relationships) Act 1984)" after 8 "de facto relationship" in item 20. 9 [2] Schedule 1, item 20, note 10 Insert at the end of item 20: 11 Note. Under the Property (Relationships) Act 1984, a de facto 12 relationship can be an opposite or a same sex relationship. In 13 determining whether two persons are in a de facto relationship, all of the 14 circumstances of the relationship are to be taken into account, including 15 certain matters specified in section 4 (2) of the Property (Relationships) 16 Act 1984. 17 Explanatory note 18 Schedule 1 to the Crimes (Administration of Sentences) Regulation 2001 lists 19 particulars that must be recorded in relation to an inmate as soon as practicable after 20 being received into a correctional centre. Item [1] of the proposed amendments to that 21 Regulation makes it clear that a reference to the inmate's living in a de facto 22 relationship is a reference to a de facto relationship within the meaning of the Property 23 (Relationships) Act 1984. Item [2] of the proposed amendments inserts a related note. 24 3.17 Criminal Procedure Regulation 2005 25 Schedule 1 Forms 26 Omit "husband or wife" from Form 4. 27 Insert instead "spouse of the accused person". 28 Explanatory note 29 The proposed amendment to the Criminal Procedure Regulation 2005 replaces the 30 expression "husband or wife" with "spouse of the accused person" in a form used by 31 courts when recording the reasons for excusing a spouse of an accused person, under 32 section 279 of the Criminal Procedure Act 1986, from giving evidence in certain 33 proceedings. Under that section, a reference to the spouse of an accused person 34 includes a reference to a person with whom the accused person has a de facto 35 relationship within the meaning of the Property (Relationships) Act 1984. The new 36 reference in the form to a spouse of an accused person will have that same meaning. 37 Page 20
Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 Amendment of other Acts and instruments Schedule 3 3.18 Day Procedure Centres Regulation 1996 1 Clause 16 Definition of pecuniary interest 2 Insert in alphabetical order in clause 16 (1): 3 de facto partner of a practitioner means the other party to a de 4 facto relationship (within the meaning of the Property 5 (Relationships) Act 1984) with the practitioner. 6 Explanatory note 7 For the purposes of requirements, set out in section 46 of the Private Hospitals and Day 8 Procedure Centres Act 1988 and Part 3 of the Day Procedure Centres Regulation 1996 9 (the Regulation), relating to the disclosure of pecuniary interests, a medical 10 practitioner or a dentist (a practitioner) has a pecuniary interest in a day procedure 11 centre if a relative of the practitioner has a pecuniary interest in the centre (see clause 12 16 (3) of the Regulation). The proposed amendment to the Regulation makes it clear 13 that the term de facto partner of a practitioner appearing in the definition of relative of 14 a practitioner in clause 16 (1) applies in relation to de facto relationships within the 15 meaning of the Property (Relationships) Act 1984. 16 3.19 Drug and Alcohol Treatment Act 2007 No 7 17 [1] Section 5 Definitions 18 Insert after paragraph (c) (i) of the definition of primary carer in section 5 (1): 19 (ia) the other party to any de facto relationship (within 20 the meaning of the Property (Relationships) Act 21 1984) with the dependent person if the relationship 22 between that party and the dependent person is close 23 and continuing, or 24 [2] Schedule 2 Dependency certificate 25 Insert after paragraph (c) (i) of the definition of primary carer in note 3: 26 (ia) the other party to any de facto relationship (within 27 the meaning of the Property (Relationships) Act 28 1984) with the dependent person if the relationship 29 between that party and the dependent person is close 30 and continuing, or 31 Explanatory note 32 Currently, the definition of primary carer of a dependent person in the Drug and 33 Alcohol Treatment Act 2007 includes the person's spouse if the relationship between 34 the spouse and the person is close and continuing. Item [1] of the proposed 35 amendments to that Act extends this definition to include the other party to a de facto 36 relationship (within the meaning of the Property (Relationships) Act 1984) with the 37 person. The effect of the amendment is that a de facto partner who has a close and 38 continuing relationship with a dependent person will have the same rights to receive 39 from the person's treating medical practitioner notice, advice and information relating 40 to the person as a spouse who has such a relationship. 41 Item [2] of the proposed amendments makes a consequential amendment. 42 Page 21
Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 Schedule 3 Amendment of other Acts and instruments 3.20 Farm Produce Act 1983 No 30 1 Section 27 Restriction on persons to whom agents may sell 2 consignments 3 Insert after section 27 (5): 4 (6) In this section, a reference to a member of the seller's family 5 includes a reference to a person with whom the seller is in a de 6 facto relationship within the meaning of the Property 7 (Relationships) Act 1984. 8 Explanatory note 9 Section 27 of the Farm Produce Act 1983 restricts the sale of farm produce by a farm 10 produce seller to the seller's family. The proposed amendment to that section makes it 11 clear that the restriction applies also to the sale of farm produce to a person with whom 12 the seller is in a de facto relationship within the meaning of the Property (Relationships) 13 Act 1984. 14 3.21 Fire Brigades Regulation 2003 15 Clause 18 Unacceptable behaviour 16 Insert "or domestic" after "marital" in clause 18 (1) (h). 17 Explanatory note 18 The proposed amendment to the Fire Brigades Regulation 2003 is consequential on 19 the proposed amendments to the Anti-Discrimination Act 1977, set out in Schedule 1, 20 that replace the term marital status with the term marital or domestic status. 21 3.22 Greyhound and Harness Racing Administration Act 2004 22 No 36 23 Section 3 Definitions 24 Insert in alphabetical order in section 3 (1): 25 de facto partner, in relation to a person, means the other party to 26 a de facto relationship (within the meaning of the Property 27 (Relationships) Act 1984) with the person. 28 Explanatory note 29 The proposed amendment to the Greyhound and Harness Racing Administration Act 30 2004 (the Act) inserts a definition of de facto partner into the Act that makes it clear 31 that the term applies in relation to de facto relationships within the meaning of the 32 Property (Relationships) Act 1984. The term is used in the definition of close family 33 member of a director in section 13 of the Act and in clause 11 of Schedule 1 to the Act. 34 Section 13 enables the registration of a proprietary company as a bookmaker in relation 35 to greyhound racing or harness racing if, among other things, each shareholder who is 36 not a director of the company is a close family member of a director. Close family 37 member of a director is defined to include, among other persons, a de facto partner 38 of the director. 39 Page 22
Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 Amendment of other Acts and instruments Schedule 3 Under clause 11 of Schedule 1 to the Act, a member of the Greyhound and Harness 1 Racing Regulatory Authority is taken to have a pecuniary interest in a matter under 2 consideration by the Authority, for the purposes of disclosure and other requirements 3 set out in clause 10 of that Schedule, if the member's de facto partner has a pecuniary 4 interest in the matter. 5 3.23 Greyhound Racing Act 2002 No 38 6 Schedule 1 Provisions relating to GRNSW 7 Insert after clause 11 (5): 8 (6) In this clause: 9 de facto partner of a person means the other party to a de facto 10 relationship (within the meaning of the Property (Relationships) 11 Act 1984) with the person. 12 Explanatory note 13 Under clause 11 of Schedule 1 to the Greyhound Racing Act 2002 (the Act), a member 14 of Greyhound Racing New South Wales (GRNSW) is taken to have a pecuniary interest 15 in a matter under consideration by GRNSW, for the purposes of disclosure and other 16 requirements set out in clause 10 of that Schedule, if the member's de facto partner 17 has a pecuniary interest in the matter. 18 The proposed amendment inserts a definition of de facto partner that makes it clear 19 that, for the purposes of clause 10 of Schedule 1 to the Act, that term applies in relation 20 to de facto relationships within the meaning of the Property (Relationships) Act 1984. 21 The effect of the proposed amendment is parallel to the effect on clauses 10 and 11 of 22 Schedule 1 to the Greyhound and Harness Racing Administration Act 2004 of the 23 proposed amendment to that Act set out in Schedule 3.22. See the explanatory note 24 appearing under that Schedule. 25 3.24 Growth Centres (Development Corporations) Act 1974 No 49 26 [1] Section 34 Disclosure of interest 27 Insert "or the parties to a de facto relationship," after "together," in section 28 34 (4). 29 [2] Section 34 (4) and (5) 30 Insert "or de facto partner" after "spouse" wherever occurring. 31 [3] Section 34 (12) 32 Insert after section 34 (11): 33 (12) In this section: 34 de facto partner, in relation to a person, means the other party to 35 a de facto relationship with the person. 36 de facto relationship has the same meaning as in the Property 37 (Relationships) Act 1984. 38 Page 23
Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 Schedule 3 Amendment of other Acts and instruments Explanatory note 1 Section 34 of the Growth Centres (Development Corporations) Act 1974 (the Act) 2 requires a member of a development corporation, or a member of a committee or 3 sub-committee of a development corporation, to disclose certain interests, including 4 any pecuniary interests, that the member has in matters under consideration by the 5 development corporation. For the purposes of that section, the interest of a person's 6 spouse is taken as also being the interest of the person. The proposed amendments to 7 the Act similarly result in the interest of one party to a de facto relationship (within the 8 meaning of the Property (Relationships) Act 1984) being treated as the interest of the 9 other party. 10 3.25 Harness Racing Act 2002 No 39 11 Schedule 1 Provisions relating to HRNSW 12 Insert after clause 11 (5): 13 (6) In this clause: 14 de facto partner of a person means the other party to a de facto 15 relationship (within the meaning of the Property (Relationships) 16 Act 1984) with the person. 17 Explanatory note 18 The proposed amendment to the Harness Racing Act 2002, which applies in relation 19 to pecuniary interests of a member of Harness Racing New South Wales, is parallel to 20 the amendment made to the Greyhound Racing Act 2002 set out in Schedule 3.23. See 21 the explanatory note appearing under that Schedule. 22 3.26 Home Building Act 1989 No 147 23 [1] Section 3AA Meaning of "close associate" of applicant for, or holder of, 24 licence 25 Omit section 3AA (2) (b). Insert instead: 26 (b) an existing or former de facto partner, or 27 [2] Section 3AA (4) 28 Insert after section 3AA (3): 29 (4) For the purposes of this section: 30 de facto partner, in relation to an applicant for, or holder of, a 31 licence, means the other party to a de facto relationship (within 32 the meaning of the Property (Relationships) Act 1984) with the 33 applicant or holder. 34 Explanatory note 35 The term close associate of an applicant for, or holder of, a licence or of an applicant 36 for the renewal or restoration of a licence is defined in section 3AA of the Home Building 37 Act 1989 (the Act) to include an opposite sex de facto partner of the applicant or 38 holder. The proposed amendments to the Act extend the term to include same sex de 39 Page 24
Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 Amendment of other Acts and instruments Schedule 3 facto partners. The term close associate is used in sections 20 (6), 32B (5), 35 (1), 1 40 (1) and 127 of the Act. 2 Sections 20 (6), 32B (5) and 40 (1) of the Act enable the Director-General to reject an 3 application for a licence, or an application to renew or restore a licence, on the ground 4 that the Director-General considers that a close associate of the applicant who would 5 not be a fit and proper person to hold a licence or other authority exercises a significant 6 influence over the applicant or the operation and management of the applicant's 7 business. Sections 20 (6) and 32B (5) also enable the Director-General to reject an 8 application for a licence if there are reasonable grounds to believe that the application 9 has been made with the intention of avoiding disclosure of any relevant past 10 misconduct of a close associate of the applicant. 11 Section 35 (1) of the Act enables the Director-General to require a close associate of 12 an applicant for a contractor licence to authorise a third party to provide certain 13 information or records or to consent to a third party giving the Director-General financial 14 and other confidential information concerning the close associate. 15 Section 127 of the Act enables any person authorised by the Director-General to obtain 16 information about the financial solvency of a close associate of an applicant for, or 17 holder of, a licence. 18 3.27 Industrial Relations Act 1996 No 17 19 [1] Section 5 Definition of employee 20 Insert ", de facto partner" after "spouse" in section 5 (4). 21 [2] Sections 55 (1), 58 (1) (d) and (2) and 60 (3) 22 Omit "paternity" wherever occurring. Insert instead "partner". 23 [3] Section 55 What is parental leave? 24 Omit "or the birth of a child" from section 55 (2). 25 Insert instead ", or the birth of a child following the pregnancy,". 26 [4] Section 55 (3) 27 Omit the subsection. Insert instead: 28 (3) Partner leave is leave taken by an employee in connection with 29 the birth of a child of the employee or a child of the employee's 30 spouse (being a child born as a result of the pregnancy of that 31 spouse). Partner leave consists of: 32 (a) an unbroken period of up to one week at the time of the 33 birth of the child or other termination of the pregnancy 34 (short partner leave), and 35 (b) a further unbroken period in order to be the primary 36 care-giver of the child (extended partner leave). 37 [5] Section 55 (5) 38 Omit "de facto spouse". Insert instead "de facto partner". 39 Page 25
Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 Schedule 3 Amendment of other Acts and instruments [6] Section 58 Notices and documents required to be given to employer 1 Omit "Paternity" from the heading to section 58 (2). Insert instead "Partner". 2 [7] Section 58 (2) (b) and (d) (ii) 3 Omit "he" wherever occurring. Insert instead "the employee". 4 [8] Section 58 (2) (c) and (d) (i) 5 Omit "his" wherever occurring. Insert instead "the employee's". 6 [9] Schedule 4 Savings, transitional and other provisions 7 Insert at the end of clause 2 (1): 8 Miscellaneous Acts Amendment (Same Sex Relationships) 9 Act 2008, but only in relation to the amendments made to this Act 10 [10] Schedule 4, Part 9, clause 48 11 Insert after clause 47: 12 48 Provisions consequent on enactment of Miscellaneous Acts 13 Amendment (Same Sex Relationships) Act 2008 14 (1) The amendments made to Part 4 of Chapter 2 of this Act by the 15 Miscellaneous Acts Amendment (Same Sex Relationships) Act 16 2008 extend to the taking of extended partner leave by a female 17 employee where the birth of a child of the employee or of the 18 employee's female de facto partner has taken place before the 19 commencement of the amendments. 20 (2) The following provisions apply in place of section 58 (2) in 21 relation to that extended partner leave: 22 (a) the employee must, at least 4 weeks before proceeding on 23 leave, give written notice of the dates on which she 24 proposes to start and end the period of leave, 25 (b) the employee must, before the start of leave, provide a 26 certificate from a medical practitioner stating that the child 27 was born and the date of birth, 28 (c) the employee must, before the start of leave, provide a 29 statutory declaration by the employee stating: 30 (i) if applicable, the period of any maternity leave 31 sought or taken by her de facto partner, and 32 (ii) that the employee is seeking the period of leave to 33 become the primary care-giver of the child. 34 Page 26
Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 Amendment of other Acts and instruments Schedule 3 (3) Any entitlement of a female employee to take partner leave under 1 this clause ceases on the expiration of 1 year following the birth 2 of the child concerned. 3 (4) In this clause: 4 (a) a reference to a child of a female employee is a reference 5 to a child of whom the employee is presumed to be a parent 6 because of the application of section 14 (1A) (a) of the 7 Status of Children Act 1996, and 8 (b) a reference to a child of the employee's de facto partner is 9 a reference to a child who is born following the pregnancy 10 of the employee's de facto partner. 11 [11] Dictionary 12 Insert in alphabetical order: 13 de facto partner, in relation to a person, means the other party to 14 a de facto relationship (within the meaning of the Property 15 (Relationships) Act 1984) with the person. 16 Explanatory note 17 Section 5 (4) of the Industrial Relations Act 1996 (the Act) provides that a person who 18 is employed by his or her spouse or parent is not an employee for the purposes of the 19 Act. ltem [1] of the proposed amendments to the Act extends this exclusion to a person 20 who is engaged or employed by his or her de facto partner. 21 Item [4] of the proposed amendments recasts section 55 (3) to replace the term 22 paternity leave with the term partner leave and extend this form of leave to certain 23 female employees in connection with the birth of a child. Currently, paternity leave is 24 available to a male employee in connection with the birth of his child or a child of his 25 spouse or de facto partner. To ensure the similar treatment of female employees, 26 partner leave will be available to a female employee in connection with the birth of her 27 child or a child of her de facto partner following the pregnancy of her de facto partner. 28 The child of the female employee referred to in this context is a child born as a result 29 of the pregnancy of another woman following a fertilisation procedure to which the 30 employee consented, as a de facto partner, and of whom the employee is presumed to 31 be a parent under the proposed amendments to the Status of Children Act 1996 set out 32 in Schedule 2. Items [2], [3], [6], [7] and [8] of the proposed amendments make 33 consequential amendments. 34 Section 55 (5) of the Act defines the term spouse, wherever appearing in the 35 provisions of the Act relating to parental leave (Part 4 of Chapter 2), to include a de 36 facto spouse. Item [5] of the proposed amendments replaces "de facto spouse" in that 37 definition with "de facto partner". 38 Item [11] of the proposed amendments inserts a definition of de facto partner into the 39 Act that makes it clear that the term applies to de facto relationships within the meaning 40 of the Property (Relationships) Act 1984. 41 Item [9] of the proposed amendments enables savings and transitional regulations to 42 be made as a consequence of the proposed Act (but only to the extent that it amends 43 the Act). 44 Page 27
Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 Schedule 3 Amendment of other Acts and instruments Item [10] of the proposed amendments provides for the proposed entitlement for 1 certain female employees to take partner leave to extend to the taking of partner leave 2 by such employees where the birth concerned has taken place before the 3 commencement of the amendments. The entitlement is to cease at the expiration of 1 4 year following the birth of the child. This is consistent with section 54 of the Act, which 5 (among other things) provides that parental leave is not to extend beyond 1 year after 6 the birth of the child concerned. 7 3.28 Irrigation Areas (Reduction of Rents) Act 1974 No 83 8 [1] Section 3 Interpretation 9 Insert in alphabetical order in section 3 (1): 10 domestic partner of an eligible pensioner means: 11 (a) the spouse of the eligible pensioner, or 12 (b) a person with whom the eligible pensioner is in a de facto 13 relationship within the meaning of the Property 14 (Relationships) Act 1984. 15 [2] Section 3 (2) (a) and (c) 16 Omit "spouse" wherever occurring. Insert instead "domestic partner". 17 Explanatory note 18 The proposed amendments to the Irrigation Areas (Reduction of Rents) Act 1974 (the 19 Act) extend the class of persons who may be a jointly eligible occupier, for the 20 purposes of the Act, to a person with whom an eligible pensioner is in a de facto 21 relationship within the meaning of the Property (Relationships) Act 1984. Currently, the 22 term covers only eligible pensioners and their spouses. 23 Under the Act, rent for a certain kind of lease in respect of land within a special land 24 district (within the meaning of the Crown Lands Act 1989), or a lease under the 25 Wentworth Irrigation Act 1890, may be reduced if the lease is held by an eligible 26 pensioner who occupies a dwelling on the land concerned as his or her principal place 27 of abode. In the case of a lease held jointly with other persons, the discount is applied 28 to the rent in direct proportion to the total share of interests in the lease that is held by 29 an eligible pensioner with any jointly eligible occupier. 30 The effect of extending the term jointly eligible occupier to a de facto partner of an 31 eligible pensioner is that the share of any interests of such a de facto partner in a lease 32 will be taken into account when determining the amount by which rent may be reduced 33 under the Act in the same way as the share of any interests held by a spouse is 34 currently taken into account. 35 3.29 Liquor Act 1982 No 147 36 [1] Section 4 Definitions 37 Insert in alphabetical order in section 4 (1): 38 de facto partner of a person means the other party to a de facto 39 relationship (within the meaning of the Property (Relationships) 40 Act 1984) with the person. 41 Page 28
Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 Amendment of other Acts and instruments Schedule 3 [2] Section 4 (1), definition of "spouse" 1 Omit the definition. 2 [3] Section 63 Endorsement of licence after death or disability of licensee 3 Insert "or de facto partner" after "spouse" in section 63 (2) (a). 4 [4] Section 69 Disciplinary powers of court 5 Insert "or de facto partner" after "spouse" in section 69 (2) where firstly 6 occurring. 7 [5] Section 69 (2) 8 Insert ", de facto partner" after "spouse" where secondly occurring. 9 Explanatory note 10 Item [2] of the proposed amendments omits the definition of spouse, in relation to a 11 licensee under the Liquor Act 1982 (the Act), that extends the term to "a person who, 12 although not legally married to the licensee, ordinarily lives with the licensee as the 13 spouse of the licensee on a permanent and domestic basis". In place of that term, the 14 term de facto partner is defined by reference to the Property (Relationships) Act 1984 15 (item [1] of the proposed amendments) and inserted in those provisions of the Act 16 where the term spouse is currently used (items [3][5] of the proposed amendments). 17 The effect of item [3], when read with item [1], of the proposed amendments is that 18 where a licensee under the Act dies, the business of the licensee may be carried on for 19 up to 1 month by the de facto partner of the licensee. 20 The effect of items [4] and [5], when read with item [1] of the proposed amendments, 21 is that where a licensee is disqualified, under section 69 (1) of the Act, from holding a 22 licence, the licence may be transferred to the de facto partner of the licensee. 23 3.30 Local Government Act 1993 No 30 24 [1] Dictionary 25 Omit the definition of de facto partner. Insert instead: 26 de facto partner, in relation to a person, means the other party to 27 a de facto relationship (within the meaning of the Property 28 (Relationships) Act 1984) with the person. 29 [2] Dictionary, definition of "jointly eligible occupier" 30 Insert "or de facto partner" after "spouse" wherever occurring in paragraphs 31 (a) and (c). 32 [3] Dictionary, definition of "relative" 33 Insert "or de facto partner" after "spouse" in paragraph (a). 34 Explanatory note 35 Currently, the definition of de facto partner in the Local Government Act 1993 (the 36 Act) is limited to opposite sex de facto relationships. Item [1] of the proposed 37 Page 29
Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 Schedule 3 Amendment of other Acts and instruments amendments to the Act extends that definition to same sex de facto relationships by 1 referring to a de facto relationship within the meaning of the Property (Relationships) 2 Act 1984. 3 Currently, the term relative, in relation to a person, is defined in the Act to include 4 certain relatives of a person or the person's spouse. The kinds of relatives concerned 5 are listed in paragraph (a) of the definition. Item [3] of the proposed amendments 6 extends the term relative, in relation to a person, to include such relatives of the 7 person's de facto partner. 8 The terms de facto partner and relative are both used in provisions of Chapter 14 of 9 the Act relating to the disclosure of pecuniary interests (see sections 443, 449 and 454 10 of the Act). The term relative, which is defined to include the spouse or de facto partner 11 of the person, is also used in section 448 in relation to interests that do not need to be 12 disclosed for the purposes of Chapter 14. 13 The terms de facto partner and relative are also both used in section 664 (2) and (3) 14 of the Act. Section 664 (2) makes it an offence for a person acting in the administration 15 or execution of the Act to use information, acquired by the person in the administration 16 or execution of the Act and not generally known, for the purpose of gaining a financial 17 advantage for the person or the person's spouse, de facto partner or relative. Section 18 664 (3) makes it an offence for a person acting in the administration or execution of the 19 Act, for the purpose of gaining an advantage for the person, the person's spouse or de 20 facto partner or a relative of the person, to influence the determination of an application 21 for an approval, or the giving of an order, under the Act. 22 The term relative is used in section 716 (3) of the Act, which enables land to be sold 23 for unpaid rates and charges to a council, a councillor, a relative of a councillor, a 24 member of staff of the council or any relative of a member of staff of the council by 25 public auction only. 26 Item [2] of the proposed amendments extends the definition of jointly eligible 27 occupier to include the de facto partner of an eligible pensioner, within the meaning 28 of the Act, for the purposes of determining the amount by which a rate or charge on 29 land may be reduced under section 575 of the Act. Currently, the term jointly eligible 30 occupier covers only eligible pensioners and their spouses. The effect of the 31 amendment, in relation to the reduction of a rate or charge on land held jointly by an 32 eligible pensioner and his or her de facto partner is similar to the effect of the 33 amendments to the Irrigation Areas (Reduction of Rents) Act 1974 set out in Schedule 34 3.28. See the explanatory note appearing under that Schedule. 35 3.31 Local Government (General) Regulation 2005 36 Clause 217 Additional information for inclusion in annual report 37 Insert "(whether of the same or the opposite sex)" after "partner" in clause 217 38 (1) (a1) (vii). 39 Explanatory note 40 The proposed amendment to the Local Government (General) Regulation 2005 41 amends a provision that requires an annual report of a council to include details on the 42 total cost of the expenses of any spouse, partner or other person who accompanied a 43 councillor in the performance of his or her civic functions. The proposed amendment 44 makes it clear that the reference to a partner of a councillor in the provision is a 45 reference to any partner of the councillor, whether of the same or the opposite sex. 46 Page 30
Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 Amendment of other Acts and instruments Schedule 3 3.32 Lotteries and Art Unions Regulation 2007 1 [1] Clause 96 Certain persons not to be involved in mini-numbers lottery 2 Omit clause 96 (e). Insert instead: 3 (e) the spouse, de facto partner or other family member of a 4 person referred to in paragraph (b)(d), if the spouse, de 5 facto partner or family member lives at the same address 6 as that person. 7 [2] Clause 96 (2) 8 Insert at the end of clause 96: 9 (2) In this clause: 10 de facto partner of a person means the other party to a de facto 11 relationship (within the meaning of the Property (Relationships) 12 Act 1984) with the person. 13 Explanatory note 14 The proposed amendments to the Lotteries and Art Unions Regulation 2007 amend a 15 provision that prohibits, among others, the de facto spouses of certain persons involved 16 in the conduct of a mini-numbers lottery from playing in the lottery. 17 Item [1] of the proposed amendments replaces references to a de facto spouse with 18 references to a de facto partner. Item [2] of the proposed amendments inserts a 19 definition of de facto partner that refers to a party to a de facto relationship within the 20 meaning of the Property (Relationships) Act 1984. 21 3.33 Macquarie University Act 1989 No 126 22 Schedule 2A Duties of Council members 23 Insert in alphabetical order in clause 5 (10): 24 de facto partner of a member means the other party to a de facto 25 relationship (within the meaning of the Property (Relationships) 26 Act 1984) with the member. 27 Explanatory note 28 The proposed amendment to clause 5 of Schedule 2A to the Macquarie University Act 29 1989 is an amendment, applying in relation to the material interests of a member of the 30 Council of Macquarie University, that is parallel to the amendment to the Charles Sturt 31 University Act 1989 set out in Schedule 3.8. See the explanatory note appearing under 32 that Schedule. 33 Page 31
Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 Schedule 3 Amendment of other Acts and instruments 3.34 Pre-Trial Diversion of Offenders Act 1985 No 153 1 [1] Section 3 Definitions 2 Insert in alphabetical order in section 3 (1): 3 de facto partner, in relation to a person, means the other party to 4 a de facto relationship (within the meaning of the Property 5 (Relationships) Act 1984) with the person. 6 [2] Section 14 Assessment 7 Omit "de facto spouse" from section 14 (2) (c). 8 Insert instead "de facto partner". 9 Explanatory note 10 Item [1] of the proposed amendments to the Pre-Trial Diversion of Offenders Act 1985 11 (the Act) inserts a definition of de facto partner into the Act that makes it clear that the 12 term applies in relation to de facto relationships within the meaning of the Property 13 (Relationships) Act 1984. The term is used in sections 2A, 3A, 14 (as amended by 14 item [2] of the proposed amendments) and 30A of the Act. 15 Section 2A of the Act provides, among other things, that the purpose of the Act is to 16 provide for the protection of children who have been victims of sexual assault by a 17 parent or a parent's spouse or de facto partner. Section 3A of the Act provides that the 18 Act applies to a person who is charged with a child sexual assault offence committed 19 with or upon the person's child or the child of the person's spouse or de facto partner. 20 Section 14 of the Act provides for the assessment of such a person's suitability for 21 participation in the Pre-Trial Diversion of Offenders Program. Section 30A (1) of the Act 22 describes that program as a program for the treatment of a person who commits a child 23 sexual assault offence with or upon the person's child or the child of the person's 24 spouse or de facto partner. 25 3.35 Privacy and Personal Information Protection Act 1998 26 No 133 27 Sections 53 (7A) (a) and 55 (4A) (a) 28 Insert "(whether of the same or the opposite sex)" after "partner" wherever 29 occurring. 30 Explanatory note 31 The proposed amendment to the Privacy and Personal Information Protection Act 1998 32 (the Act) amends provisions of the Act relating to the payment of compensation to a 33 person who is aggrieved by: 34 (a) the contravention by a public sector agency of an information protection 35 principle, or a privacy code of practice, that applies to the agency, or 36 (b) the disclosure by a public sector agency of personal information kept in a public 37 register. 38 Sections 53 and 55 of the Act enable a public sector agency and the Administrative 39 Decisions Tribunal, respectively, to pay or order the payment of monetary 40 compensation following a review by the agency or the Tribunal into the agency's 41 conduct. Sections 53 (7A) and 55 (4A) provide, however, that monetary compensation 42 Page 32
Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 Amendment of other Acts and instruments Schedule 3 may not be paid if, among other things, the applicant for the review is a convicted 1 inmate or former convicted inmate or a spouse, partner or other listed associate of such 2 an inmate or former inmate. 3 The proposed amendment makes it clear that the reference to a partner of a convicted 4 inmate or former convicted inmate in these provisions is a reference to any partner of 5 the inmate or former inmate, whether of the same or the opposite sex. 6 3.36 Private Hospitals Regulation 1996 7 Clause 16 Definition of pecuniary interest 8 Insert in alphabetical order in clause 16 (1): 9 de facto partner of a practitioner means the other party to a de 10 facto relationship (within the meaning of the Property 11 (Relationships) Act 1984) with the practitioner. 12 Explanatory note 13 The proposed amendment to the Private Hospitals Regulation 1996 makes an 14 amendment in relation to the pecuniary interests of medical practitioners and dentists 15 (practitioners) in private hospitals that is parallel to the proposed amendment to the 16 Day Procedure Centres Regulation 1996 set out in Schedule 3.18. See the explanatory 17 note appearing under that Schedule. 18 3.37 Property (Relationships) Act 1984 No 147 19 Section 5 Domestic relationships 20 Insert after section 5 (3) (c): 21 (c1) where the domestic relationship is a de facto relationship 22 between two women, a child of whom both of those 23 women are presumed to be parents by virtue of the Status 24 of Children Act 1996. 25 Explanatory note 26 The proposed amendment to the Property (Relationships) Act 1984 (the Act) is 27 consequential on the amendment made to the parentage presumptions under the 28 Status of Children Act 1996 that are set out in Schedule 2. Section 5 (3) (c) (ii) of the 29 Act provides that a reference in the Act to a child of the parties to a domestic 30 relationship includes, where the domestic relationship is a de facto relationship 31 between a man and a woman, a reference to a child of the woman of whom the man is 32 presumed, by virtue of the Status of Children Act 1996, to be the father. The proposed 33 amendment will similarly provide that a reference in the Act to a child of the parties to 34 a domestic relationship includes, where the domestic relationship is a de facto 35 relationship between two women, a reference to a child of whom both women are 36 presumed to be parents by virtue of the Status of Children Act 1996. 37 Page 33
Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 Schedule 3 Amendment of other Acts and instruments 3.38 Property, Stock and Business Agents Act 2002 No 66 1 [1] Section 3 Definitions 2 Insert in alphabetical order in section 3 (1): 3 de facto partner, in relation to a person, means the other party to 4 a de facto relationship (within the meaning of the Property 5 (Relationships) Act 1984) with the person. 6 [2] Section 49 Restrictions on licensee obtaining beneficial interest in 7 property 8 Omit paragraph (b) of the definition of close relative in section 49 (6). 9 Insert instead: 10 (b) an existing or former de facto partner, or 11 [3] Section 124 Associates of a licensee 12 Omit section 124 (2) (b). Insert instead: 13 (b) an existing or former de facto partner, or 14 Explanatory note 15 The proposed amendments to the Property, Stock and Business Agents Act 2002 (the 16 Act) extend provisions that currently apply in relation to opposite sex de facto partners 17 to same sex de facto partners. 18 Item [2] of the proposed amendments to the Act, when read with item [1] of those 19 amendments, extends the definition of close relative of a person in section 49 of the 20 Act to include a same sex de facto partner of the person. Section 49 of the Act prohibits 21 a real estate agent for the vendor of property, and any real estate salesperson 22 employed by the agent, from obtaining, or being in any way concerned in obtaining, a 23 beneficial interest in the property. A person is taken to have a beneficial interest in 24 property if a close relative of the person obtains a beneficial interest in the property and 25 in other specified circumstances where a close relative has a connection with a 26 corporation or person who obtains a beneficial interest in the property. 27 Item [3] of the proposed amendments, when read with item [1] of those amendments, 28 extends references to associates of a licensee in Part 9 of the Act to the same sex de 29 facto partner of the licensee and certain relatives of that partner. Part 9 provides for the 30 appointment of a manager for the business, or receivership of the property, of a 31 licensee, including where the Director-General is of the opinion that there has been a 32 failure to account by the licensee (see sections 126 and 138 of the Act). A failure to 33 account is defined for the purposes of that Part to include a failure by a licensee to 34 account for, pay or deliver money or other valuable property under the control of the 35 licensee that has been received by or entrusted to an associate of the licensee in the 36 course of the carrying on of the licensee's business (see section 125 of the Act). 37 Item [3], together with item [1], of the proposed amendments will also operate in section 38 139 of the Act, which enables the receivership of property of an associate of a licensee. 39 Page 34
Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 Amendment of other Acts and instruments Schedule 3 3.39 Public Sector Employment and Management Act 2002 No 43 1 Section 97 Maternity leave etc 2 Omit "paternity" from section 97 (1). Insert instead "partner". 3 Explanatory note 4 The proposed amendment to the Public Sector Employment and Management Act 5 2002 is consequential on the amendments relating to partner leave made to the 6 Industrial Relations Act 1996 contained elsewhere in this Schedule. 7 3.40 Road Transport (General) Act 2005 No 11 8 [1] Section 23 Associates 9 Insert "de facto partner," after "spouse," in section 23 (1) (a). 10 [2] Section 23 (2) 11 Omit the subsection. Insert instead: 12 (2) In this section: 13 beneficiary of a trust includes an object of a discretionary trust. 14 de facto partner of a person means the other party to a de facto 15 relationship (within the meaning of the Property (Relationships) 16 Act 1984) with the person. 17 Explanatory note 18 Currently, section 23 of the Road Transport (General) Act 2005 (the Act) provides that 19 a person is an associate of another if one is a spouse of the other. Item [1] of the 20 proposed amendments to the Act extends that term to include de facto partners. The 21 term associate is used in sections 107 and 108 of the Act. Section 107 enables a court 22 that finds a person guilty of an applicable road law offence to require the payment of a 23 fine based on the gross commercial benefit that has been received, or is receivable, by 24 an associate of the person from the commission of the offence. Section 108 enables a 25 court that cancels or suspends the registration of a vehicle under that section to also 26 disqualify an associate of the person who was or is the registered operator from 27 registering the vehicle. 28 Item [2] of the proposed amendments inserts a definition of de facto partner, for the 29 purposes of the term associate, that refers to de facto relationships within the meaning 30 of the Property (Relationships) Act 1984. Item [2] also reinstates the definition of 31 beneficiary of a trust that currently appears in section 23 (2) of the Act. 32 3.41 Rural Lands Protection Act 1998 No 143 33 [1] Schedule 5 Sale of land for unpaid money owing to board 34 Insert "or de facto partner" after "spouse" in clause 6 (4) wherever occurring. 35 Page 35
Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 Schedule 3 Amendment of other Acts and instruments [2] Dictionary 1 Insert in alphabetical order: 2 de facto partner of a person means the other party to a de facto 3 relationship (within the meaning of the Property (Relationships) 4 Act 1984) with the person. 5 Explanatory note 6 Item [1] of the proposed amendments to the Rural Lands Protection Act 1998 (the Act) 7 extends the term relative of a person, for the purposes of clause 6 of Schedule 5 to the 8 Act, to a de facto partner of the person and certain relatives of that de facto partner. 9 Currently, the term includes the spouse and relatives of the spouse. Clause 6 of 10 Schedule 5 provides that the sale of land for unpaid money owing to a rural lands 11 protection board must not be sold under that Schedule to a relative of a director or any 12 relative of a member of staff of the board. 13 Item [2] of the proposed amendments inserts a definition of de facto partner into the 14 Dictionary to the Act that makes it clear that the term refers to de facto relationships 15 within the meaning of the Property (Relationships) Act 1984. As well as being used in 16 the definition of relative of a person (as amended by item [1]), for the purposes of 17 clause 6 of Schedule 5 to the Act, the term is used in clause 3 of Schedule 1 18 (Constitution and procedure of State Council and boards). That clause provides that a 19 person is taken to have a pecuniary interest in a matter if the person's de facto partner 20 has a pecuniary interest in the matter. 21 3.42 Southern Cross University Act 1993 No 69 22 Schedule 2A Duties of Council members 23 Insert in alphabetical order in clause 5 (10): 24 de facto partner of a member means the other party to a de facto 25 relationship (within the meaning of the Property (Relationships) 26 Act 1984) with the member. 27 Explanatory note 28 The proposed amendment to clause 5 of Schedule 2A to the Southern Cross University 29 Act 1993 is an amendment, applying in relation to the material interests of a member 30 of the Council of Southern Cross University, that is parallel to the amendment to the 31 Charles Sturt University Act 1989 set out in Schedule 3.8. See the explanatory note 32 appearing under that Schedule. 33 3.43 State Owned Corporations Act 1989 No 134 34 [1] Schedule 10 Duties and liabilities of directors and other officers 35 Insert "or de facto partner," after "a spouse" in clause 4 (1) (a) and (b) 36 wherever occurring. 37 [2] Schedule 10, clause 4 (1) (a) and (b) 38 Omit "or spouse" wherever occurring. 39 Insert instead ", spouse or de facto partner". 40 Page 36
Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 Amendment of other Acts and instruments Schedule 3 [3] Schedule 10, clause 4 (4) 1 Insert in alphabetical order: 2 de facto partner of a director means the other party to a de facto 3 relationship (within the meaning of the Property (Relationships) 4 Act 1984) with the director. 5 Explanatory note 6 Clause 4 of Schedule 10 to the State Owned Corporations Act 1989 prohibits a 7 statutory State owned corporation making a loan to a director, a spouse of a director or 8 a relative of a director or spouse. That clause also prohibits the corporation giving a 9 guarantee or providing security in connection with a loan made to any of those persons. 10 The proposed amendments to clause 4 of Schedule 10 extend those prohibitions to 11 apply in relation to a loan made to a de facto partner of a director or a relative of any 12 such de facto partner (whether of the same or the opposite sex). 13 3.44 Supreme Court Act 1970 No 52 14 [1] Section 114 Superannuation Act 1916 15 Insert ", de facto partner" after "spouse" in section 114 (2) (b). 16 [2] Section 114 (4) 17 Insert after section 114 (3): 18 (4) In this section: 19 de facto partner of an associate Judge means the other party to a 20 de facto relationship (within the meaning of the Property 21 (Relationships) Act 1984) with the associate Judge. 22 Explanatory note 23 Section 114 of the Supreme Court Act 1970 provides, among other things, that the 24 Superannuation Act 1916 does not apply to an associate Judge and that any spouse 25 of the associate Judge is not entitled to receive any payment or pension under that Act. 26 The effect of the proposed amendments is that the de facto partner of an associate 27 Judge (whether of the same or the opposite sex) will also not be entitled to receive any 28 payment or pension under the Superannuation Act 1916. 29 3.45 Sydney Cricket and Sports Ground Act 1978 No 72 30 [1] Schedule 1 Provisions relating to constitution and procedure of the 31 Trust 32 Omit "husband and wife who are living together" from clause 13 (8). 33 Insert instead "married couple who are living together, or the parties to a de 34 facto relationship (within the meaning of the Property (Relationships) Act 35 1984)". 36 Page 37
Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 Schedule 3 Amendment of other Acts and instruments [2] Schedule 1, clause 13 (8) and (9) 1 Insert "or de facto partner" after "spouse" wherever occurring. 2 [3] Schedule 1, clause 13 (16) 3 Insert after clause 13 (15): 4 (16) In this clause: 5 de facto partner, in relation to a person, means the other party to 6 a de facto relationship (within the meaning of the Property 7 (Relationships) Act 1984) with the person. 8 Explanatory note 9 Under clause 13 of Schedule 1 to the Sydney Cricket and Sports Ground Act 1978, a 10 pecuniary interest that a spouse of a member of the Sydney Cricket and Sports Ground 11 Trust has in a contract or proposed contract with the Trust is taken as also being the 12 pecuniary interest of the member for the purposes of disclosure requirements in that 13 clause. The proposed amendments to that Act will result in the pecuniary interests of a 14 person with whom a member is in a de facto relationship (within the meaning of the 15 Property (Relationships) Act 1984) being treated in the same way. 16 3.46 Sydney Cricket Ground and Sydney Football Stadium 17 By-law 2004 18 [1] Clause 3 Definitions and notes 19 Insert in alphabetical order in clause 3 (1): 20 de facto partner, in relation to a member, means the other party 21 to a de facto relationship (within the meaning of the Property 22 (Relationships) Act 1984) with the member. 23 [2] Clauses 31 (1) and 32 (4) 24 Insert "or de facto partner" after "spouse" wherever occurring. 25 [3] Clause 35 Transfer of gold, double gold or junior gold membership to 26 family 27 Omit "spouse" from clause 35 (5). Insert instead "partner". 28 Explanatory note 29 Item [1] of the proposed amendments to the Sydney Cricket Ground and Sydney 30 Football Stadium By-law 2004 (the By-law) inserts a definition of de facto partner that 31 refers to de facto relationships within the meaning of the Property (Relationships) Act 32 1984. 33 Item [2] of the proposed amendments extends to the de facto partner of a member 34 entitlements that a spouse of a member currently has to apply for or be admitted to 35 certain kinds of membership of the Sydney Cricket Ground and Sydney Football 36 Stadium on the death of the member. 37 Item [3] of the proposed amendments replaces the term "de facto spouse" with "de 38 facto partner" in clause 35 (5). Item [3], when read with item [1], of the proposed 39 Page 38
Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 Amendment of other Acts and instruments Schedule 3 amendments, ensures that the entitlement that an opposite sex de facto partner of a 1 member currently has to apply for certain kinds of membership of the member to be 2 transferred to the partner extends to a same sex de facto partner of a member. 3 3.47 Thoroughbred Racing Act 1996 No 37 4 Section 14A Licensing of bookmakers 5 Insert in alphabetical order in section 14A (9): 6 de facto partner of a director means the other party to a de facto 7 relationship (within the meaning of the Property (Relationships) 8 Act 1984) with the director. 9 Explanatory note 10 Section 14A of the Thoroughbred Racing Act 1996 (the Act) enables the licensing of a 11 proprietary company as a bookmaker under that Act if, among other things, each 12 shareholder who is not a director of the company is a close family member of a director. 13 Close family member of a director is defined to include, among other persons, a de 14 facto partner of the director. The proposed amendment to section 14A makes it clear 15 that the term de facto partner applies in relation to de facto relationships within the 16 meaning of the Property (Relationships) Act 1984. The effect of the proposed 17 amendment on the operation of section 14A of the Act is parallel to the effect on section 18 13 of the Greyhound and Harness Racing Administration Act 2004 by the amendment 19 to that Act contained elsewhere in this Schedule. 20 3.48 University of New England Act 1993 No 68 21 Schedule 2A Duties of Council members 22 Insert in alphabetical order in clause 5 (10): 23 de facto partner of a member means the other party to a de facto 24 relationship (within the meaning of the Property (Relationships) 25 Act 1984) with the member. 26 Explanatory note 27 The proposed amendment to clause 5 of Schedule 2A to the University of New England 28 Act 1993 is an amendment, applying in relation to the material interests of a member 29 of the Council of the University of New England, that is parallel to the amendment to 30 the Charles Sturt University Act 1989 set out in Schedule 3.8. See the explanatory note 31 appearing under that Schedule. 32 3.49 University of New South Wales Act 1989 No 125 33 Schedule 2A Duties of Council members 34 Insert in alphabetical order in clause 5 (10): 35 de facto partner of a member means the other party to a de facto 36 relationship (within the meaning of the Property (Relationships) 37 Act 1984) with the member. 38 Page 39
Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 Schedule 3 Amendment of other Acts and instruments Explanatory note 1 The proposed amendment to clause 5 of Schedule 2A to the University of New South 2 Wales Act 1989 is an amendment, applying in relation to the material interests of a 3 member of the Council of the University of New South Wales, that is parallel to the 4 amendment to the Charles Sturt University Act 1989 set out in Schedule 3.8. See the 5 explanatory note appearing under that Schedule. 6 3.50 University of Newcastle Act 1989 No 68 7 Schedule 2A Duties of Council members 8 Insert in alphabetical order in clause 5 (10): 9 de facto partner of a member means the other party to a de facto 10 relationship (within the meaning of the Property (Relationships) 11 Act 1984) with the member. 12 Explanatory note 13 The proposed amendment to clause 5 of Schedule 2A to the University of Newcastle 14 Act 1989 is an amendment, applying in relation to the material interests of a member 15 of the Council of the University of Newcastle, that is parallel to the amendment to the 16 Charles Sturt University Act 1989 set out in Schedule 3.8. See the explanatory note 17 appearing under that Schedule. 18 3.51 University of Sydney Act 1989 No 124 19 Schedule 2A Duties of Fellows 20 Insert in alphabetical order in clause 5 (10): 21 de facto partner of a Fellow means the other party to a de facto 22 relationship (within the meaning of the Property (Relationships) 23 Act 1984) with the Fellow. 24 Explanatory note 25 The proposed amendment to clause 5 of Schedule 2A to the University of Sydney Act 26 1989 is an amendment, applying in relation to the material interests of a Fellow of the 27 Senate of the University of Sydney, that is parallel to the amendment to the Charles 28 Sturt University Act 1989 set out in Schedule 3.8. See the explanatory note appearing 29 under that Schedule. 30 3.52 University of Technology, Sydney, Act 1989 No 69 31 Schedule 2A Duties of Council members 32 Insert in alphabetical order in clause 5 (10): 33 de facto partner of a member means the other party to a de facto 34 relationship (within the meaning of the Property (Relationships) 35 Act 1984) with the member. 36 Explanatory note 37 The proposed amendment to clause 5 of Schedule 2A to the University of Technology, 38 Sydney, Act 1989 is an amendment, applying in relation to the material interests of a 39 Page 40
Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 Amendment of other Acts and instruments Schedule 3 member of the Council of the University of Technology, Sydney, that is parallel to the 1 amendment to the Charles Sturt University Act 1989 set out in Schedule 3.8. See the 2 explanatory note appearing under that Schedule. 3 3.53 University of Western Sydney Act 1997 No 116 4 Schedule 2A Duties of Board members 5 Insert in alphabetical order in clause 5 (10): 6 de facto partner of a member means the other party to a de facto 7 relationship (within the meaning of the Property (Relationships) 8 Act 1984) with the member. 9 Explanatory note 10 The proposed amendment to clause 5 of Schedule 2A to the University of Western 11 Sydney Act 1997 is an amendment, applying in relation to the material interests of a 12 member of the Board of Trustees of the University of Western Sydney, that is parallel 13 to the amendment to the Charles Sturt University Act 1989 set out in Schedule 3.8. See 14 the explanatory note appearing under that Schedule. 15 3.54 University of Wollongong Act 1989 No 127 16 Schedule 2A Duties of Council members 17 Insert in alphabetical order in clause 5 (10): 18 de facto partner of a member means the other party to a de facto 19 relationship (within the meaning of the Property (Relationships) 20 Act 1984) with the member. 21 Explanatory note 22 The proposed amendment to clause 5 of Schedule 2A to the University of Wollongong 23 Act 1989 is an amendment, applying in relation to the material interests of a member 24 of the Council of the University of Wollongong, that is parallel to the amendment to the 25 Charles Sturt University Act 1989 set out in Schedule 3.8. See the explanatory note 26 appearing under that Schedule. 27 3.55 Water Industry Competition Act 2006 No 104 28 Dictionary 29 Insert in alphabetical order: 30 de facto partner of an individual means the other party to a de 31 facto relationship (within the meaning of the Property 32 (Relationships) Act 1984) with the individual. 33 Explanatory note 34 Section 16 of the Water Industry Competition Act 2006 (the Act) sets out enforcement 35 action that may be taken by the Minister for Water or the Independent Pricing and 36 Regulatory Tribunal (IPART) in relation to a licensee that contravenes the Act, the 37 regulations under the Act or the conditions of a licence. Among other things, the 38 Minister or IPART may declare that directors or persons concerned in the management 39 Page 41
Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008 Schedule 3 Amendment of other Acts and instruments of the licensee and related persons of those directors or persons are disqualified 1 individuals for the purposes of the Act. Related person, in relation to an individual, is 2 defined to include the de facto partner of the individual. The proposed amendment to 3 the Act makes it clear that the term de facto partner applies in relation to de facto 4 relationships within the meaning of the Property (Relationships) Act 1984. 5 Page 42
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