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This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 158
As received from the Legislative Council and read a first
time, 22 November 2005
South Australia
Statutes
Amendment (Relationships No 2) Bill 2005
A Bill For
An
Act to amend various Acts to make provision for same sex couples to be treated
on an equal basis with opposite sex couples; and for other purposes.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Amendment provisions
Part 2—Amendment of
Administration and Probate Act 1919
4 Amendment of section 4—Interpretation
5 Amendment of section 37—If executor
or administrator out of jurisdiction, special administrator may be appointed
6 Amendment of section 71—Payment
without production of probate or letters of administration
7 Amendment of section 72—Payment by
ADI of sums not exceeding $2 000
8 Amendment of section 72E—Presumption
of survivorship not to apply
9 Amendment of section 72F—Value of
intestate estate
10 Amendment of section 72G—Distribution
of intestate estate
11 Amendment of section 72H—Provision as
to spouses and domestic partners
12 Amendment of section 72K—Gifts to be
brought into hotchpotch
13 Amendment of section 72L—Election by
spouse or domestic partner to take dwellinghouse
14 Amendment of section 72M—Limitation on
right of personal representative to sell interest in dwellinghouse
15 Transitional provision
Part 3—Amendment of Aged and
Infirm Persons' Property Act 1940
16 Amendment of section 3—Interpretation
17 Amendment of section 8—Application for
protection order
18 Amendment of section 8A—Protection
order on court's own motion
19 Amendment of section 10—Appointment of
manager
20 Amendment of section 12—Exemption of
part of estate
21 Amendment of section 13—Powers of
manager
Part 4—Amendment of Anangu
Pitjantjatjara Yankunytjatjara Land Rights Act 1981
22 Amendment of section 25—Special
provisions relating to Mintabie precious stones field
Part 5—Amendment of ANZAC Day
Commemoration Act 2005
23 Amendment of section 3—Interpretation
24 Amendment of section 16—Application of
Fund
Part 6—Amendment of Architects
Act 1939
25 Amendment of section 32A—Registration
of company as architect
26 Transitional provision
Part 7—Amendment of
Associations Incorporation Act 1985
27 Amendment of section 3—Interpretation
28 Amendment of section 18—Eligibility
for incorporation
Part 8—Amendment of Authorised
Betting Operations Act 2000
29 Amendment of section 3—Interpretation
30 Amendment of section 5—Close
associates
Part 9—Amendment of Casino
Act 1997
31 Amendment of section 3—Interpretation
32 Amendment of section 4—Close
associates
Part 10—Amendment of
Chiropractic and Osteopathy Practice Act 2005
33 Amendment of section 54—Interpretation
Part 11—Amendment of
Chiropractors Act 1991
34 Amendment of section 4—Interpretation
35 Amendment of section 18—Qualifications
for registration
36 Transitional provision
Part 12—Amendment of Citrus
Industry Act 1991
37 Amendment of section 3—Interpretation
38 Amendment of section 8—Conflict of
interest
39 Amendment of section 12—Conflict of
interest over appointments
Part 13—Amendment of City of
Adelaide Act 1998
40 Amendment of Schedule 2—Register of
interests—Form of returns
Part 14—Amendment of Civil
Liability Act 1936
41 Amendment of section 3—Interpretation
42 Amendment of section 24—Effect and
mode of bringing action, awarding of damages for funeral expenses etc
43 Amendment of section 29—Liability to
surviving spouse or domestic partner of person wrongfully killed
44 Amendment of section 30—Further
provisions as to solatium etc
45 Amendment of section 53—Damages for
mental harm
46 Amendment of section 58—Damages in
respect of gratuitous services
47 Amendment of heading to Part 9
Division 5
48 Amendment of section 65—Spouse or de
facto partner may claim for loss or impairment of consortium
49 Amendment of section 66—Damages where
injured spouse or domestic partner participated in business
50 Transitional provision
Part 15—Amendment of Community
Titles Act 1996
51 Amendment of section 3—Interpretation
Part 16—Amendment of
Conveyancers Act 1994
52 Amendment of section 3—Interpretation
53 Amendment of Schedule 2—Transitional
provisions
54 Transitional provision
Part 17—Amendment of
Co-operatives Act 1997
55 Amendment of section 4—Definitions
56 Amendment of section 153—Notice in
respect of bonus shares
57 Amendment of section 226—Financial
accommodation to directors and associates
58 Amendment of section 270—Acquisition
and disposal of assets
Part 18—Amendment of
Correctional Services Act 1982
59 Amendment of section 4—Interpretation
Part 19—Amendment of Cremation
Act 2000
60 Amendment of section 4—Interpretation
61 Amendment of section 7—Relatives etc
may object to cremation in cases where cremation not directed by deceased
person
Part 20—Amendment of Criminal
Assets Confiscation Act 2005
62 Amendment of section 3—Interpretation
63 Amendment of section 131—Examination
orders relating to restraining orders
64 Amendment of section 132—Examination orders
relating to applications for confirmation of forfeiture
Part 21—Amendment of Criminal
Law Consolidation Act 1935
65 Amendment of section 5—Interpretation
66 Amendment of section 5AA—Aggravated
offences
67 Amendment of section 269A—Interpretation
Part 22—Amendment of Criminal
Law (Forensic Procedures) Act 1998
68 Amendment of section 3—Interpretation
Part 23—Amendment of Crown
Lands Act 1929
69 Amendment of section 78B—Life leases
for certain shacks
Part 24—Amendment of De Facto
Relationships Act 1996
70 Amendment of long title
71 Amendment of section 1—Short title
72 Amendment of section 3—Definitions
73 Substitution of section 4
4 Application of Act
74 Substitution of Part 2 heading
75 Amendment of section 5—Domestic
relationship property agreements
76 Domestic relationship property
agreement enforceable under law of contract
77 Amendment of section 7—Consensual
variation or revocation of domestic relationship property agreement
78 Amendment of section 8—Power to set
aside or vary domestic relationship property agreement
79 Amendment of section 9—Property
adjustment order
80 Amendment of section 10—Power to make
orders for division of property
81 Amendment of section 11—Matters for
consideration by court
82 Amendment of section 12—Duty of court
to resolve all outstanding questions
83 Amendment of section 15—Protection of
purchaser in good faith, for value and without notice of claim
84 Transitional provision
Part 25—Amendment of Dental
Practice Act 2001
85 Amendment of section 3—Interpretation
86 Amendment of section 33—Registration
of companies
87 Transitional provision
Part 26—Amendment of
Development Act 1993
88 Amendment of section 4—Definitions
Part 27—Amendment of Domestic
Violence Act 1994
89 Amendment of section 3—Interpretation
Part 28—Amendment of Electoral
Act 1985
90 Amendment of section 29—Entitlement to
enrolment
Part 29—Amendment of
Environment Protection Act 1993
91 Amendment of section 3—Interpretation
Part 30—Amendment of Equal
Opportunity Act 1984
92 Amendment of section 5—Interpretation
93 Amendment of section 50—Religious
bodies
Part 31—Amendment of Evidence
Act 1929
94 Amendment of section 21—Competence and
compellability of witnesses
Part 32—Amendment of Fair Work
Act 1994
95 Amendment of section 4—Interpretation
96 Amendment of section 6—Application of
Act to employment
97 Amendment of section 77—Form and
content of enterprise agreement
98 Amendment of Schedule 1—Repeal and
transitional provisions
17 Enterprise agreements and spouses
or domestic partners
99 Amendment of Schedule 5—Minimum
standard for parental leave
Part 33—Amendment of Family
Relationships Act 1975
100 Amendment of section 5—Interpretation
101 Substitution of Part 3
11 Interpretation
11A De facto partners
102 Substitution of section 13
13 Confidentiality of proceedings
103 Transitional provision
Part 34—Amendment of Firearms
Act 1977
104 Amendment of section 5—Interpretation
Part 35—Amendment of First
Home Owner Grant Act 2000
105 Amendment of section 3—Definitions
106 Amendment of section 6—Spouses and de
facto partners
107 Amendment of section 10—Criterion 3—Applicant
(or applicant's spouse or domestic partner) must not have received earlier
grant
108 Amendment of section 11—Criterion 4—Applicant
(or applicant's spouse or domestic partner) must not have had relevant interest
in residential property
109 Amendment of section 41—Protection of
confidential information
110 Transitional provision
Part 36—Amendment of The
Flinders University of South Australia Act 1966
111 Amendment of section 18C—Duty of Council
members with respect to conflict of interest
Part 37—Amendment of Gaming
Machines Act 1992
112 Amendment of section 3—Interpretation
113 Amendment of section 39—Commissioner may
approve agents of Board
114 Amendment of section 44A—Prohibition of
links between dealers and other licensees
Part 38—Amendment of
Genetically Modified Crops Management Act 2004
115 Amendment of section 24—Orders on
conviction for an offence
Part 39—Amendment of
Governors' Pensions Act 1976
116 Amendment of long title
117 Amendment of section 2—Interpretation
118 Amendment of section 3—Order for payment
of pensions
119 Amendment of section 4—Amount of pension
120 Transitional provision
Part 40—Amendment of Ground
Water (Qualco-Sunlands) Control Act 2000
121 Amendment of section 3—Interpretation
Part 41—Amendment of
Guardianship and Administration Act 1993
122 Amendment of section 3—Interpretation
123 Amendment of section 39—Powers and
duties of administrator
124 Amendment of section 78—Medical
practitioner, psychologist or other health professional cannot act under this
Act in respect of a relative
Part 42—Amendment of Hospitals
Act 1934
125 Amendment of section 4—Interpretation
126 Amendment of section 47—Maintenance of
patients in public hospitals
Part 43—Amendment of Housing
and Urban Development (Administrative Arrangements) Act 1995
127 Amendment of section 3—Interpretation
Part 44—Amendment of Housing
Improvement Act 1940
128 Amendment of section 4—Interpretation
129 Amendment of section 61—Orders for
possession
Part 45—Amendment of Inheritance
(Family Provision) Act 1972
130 Amendment of section 4—Interpretation
131 Amendment of section 6—Persons entitled
to claim under this Act
132 Transitional provision
Part 46—Amendment of Judges'
Pensions Act 1971
133 Amendment of long title
134 Amendment of section 4—Interpretation
135 Amendment of section 6A—Preservation of
pensions on resignation before 60
136 Substitution of sections 8 and 9
8 Death of Judge or former Judge
9 Division of benefit where
deceased Judge or former Judge is survived by more than 1 spouse or de facto
partner
137 Amendment of section 9A—Spouse
entitlement subject to any Family Law determination
138 Amendment of section 10C—Child benefit
where no spouse or de facto partner pension payable
139 Amendment of section 10D—To whom child
benefit payable
140 Amendment of section 15—Refund of
certain contributions
141 Amendment of section 17A—Commutation of
pension to pay deferred superannuation contributions surcharge
142 Transitional provision
Part 47—Amendment of Juries
Act 1927
143 Amendment of Schedule 3—Persons
ineligible for jury service
144 Transitional provision
Part 48—Amendment of Land Tax
Act 1936
145 Amendment of section 5—Exemption or
partial exemption of certain land from land tax
Part 49—Amendment of Legal
Practitioners Act 1981
146 Amendment of section 5—Interpretation
147 Amendment of section 16—Issue of
practising certificate
148 Transitional provision
Part 50—Amendment of Liquor
Licensing Act 1997
149 Amendment of section 7—Close associates
Part 51—Amendment of Local Government
Act 1999
150 Amendment of section 4—Interpretation
151 Amendment of section 74—Members to
disclose interests
152 Amendment of section 80—Insurance of
members
153 Amendment of Schedule 3—Register of
Interests—Form of returns
Part 52—Amendment of Medical
Practice Act 2004
154 Amendment of section 68—Interpretation
Part 53—Amendment of Members
of Parliament (Register of Interests) Act 1983
155 Amendment of section 2—Interpretation
Part 54—Amendment of Mental
Health Act 1993
156 Amendment of section 3—Interpretation
157 Amendment of section 32—Medical
practitioner cannot act under Act in respect of relative
Part 55—Amendment of Natural
Resources Management Act 2004
158 Amendment of section 3—Interpretation
Part 56—Amendment of
Occupational Therapy Practice Act 2005
159 Amendment of section 51—Interpretation
Part 57—Amendment of
Parliamentary Superannuation Act 1974
160 Amendment of section 5—Interpretation
161 Repeal of sections 7A and 7B
162 Amendment of section 19—Reduction of
pension in certain circumstances
163 Amendment of section 21AF—Preservation
of components
164 Amendment of section 21AH—Death of PSS 3
member
165 Amendment of section 22A—Other benefits
under the new scheme
166 Amendment of section 23—Pension paid for
limited period
167 Amendment of section 23AA—Commutation to
pay deferred superannuation contributions surcharge
168 Amendment of section 23AAC—Commutation
to pay deferred superannuation contributions surcharge following death of
member
169 Amendment of section 23AAD—Withheld
amount
170 Amendment of heading to Part 5
171 Amendment of heading to Part 5 Division
1
172 Amendment of section 24—Pension for
spouse or de facto partner of deceased PSS 1 member pensioner
173 Amendment of section 25—Pension for
spouse or de facto partner of deceased PSS 1 member
174 Amendment of section 25A—Pension for
spouse or de facto partner of PSS 2 member pensioner
175 Amendment of section 25B—Pension for
spouse or de facto partner of deceased PSS 2 member
176 Substitution of section 26
26 Partner pension
177 Amendment of section 26AAA—Spouse
entitlement subject to any Family Law determination
178 Amendment of heading to Part 5 Division
1A
179 Amendment of section 26AA—Commutation of
pension
180 Amendment of section 28—Child benefit—general
181 Amendment of section 29—Child benefit
where no partner pension payable
182 Amendment of section 31A—Benefits
payable to estate
183 Amendment of section 36A—Division of
benefit where deceased member is survived by more than 1 spouse or de facto
partner
184 Substitution of heading to Schedule 3
185 Amendment of Schedule 3—Commutation
factors for partner pensions
186 Transitional provision
Part 58—Amendment of
Partnership Act 1891
187 Amendment of section 1B—Interpretation
188 Amendment of section 2—Rules for
determining existence of partnership
Part 59—Amendment of Pastoral
Land Management and Conservation Act 1989
189 Amendment of section 16—Conflict of
interest
Part 60—Amendment of
Pharmacists Act 1991
190 Amendment of section 4—Interpretation
191 Amendment of section 18—Qualifications
for registration
192 Transitional provision
Part 61—Amendment of
Phylloxera and Grape Industry Act 1995
193 Amendment of section 9—Conflict of
interest
Part 62—Amendment of
Physiotherapists Act 1991
194 Amendment of section 4—Interpretation
195 Amendment of section 18—Qualifications
for registration
196 Transitional provision
Part 63—Amendment of
Physiotherapy Practice Act 2005
197 Amendment of section 54—Interpretation
Part 64—Amendment of Podiatry
Practice Act 2005
198 Amendment of section 54—Interpretation
Part 65—Amendment of Police
(Complaints and Disciplinary Proceedings) Act 1985
199 Amendment of section 3—Interpretation
200 Amendment of section 25—Investigations
by internal investigation branch
201 Amendment of section 28—Investigation of
matters by Authority
Part 66—Amendment of Police
Superannuation Act 1990
202 Amendment of section 4—Interpretation
203 Repeal of sections 4A and 4B
204 Amendment of section 14—Payment of
benefits
205 Amendment of section 22—Resignation and
preservation
206 Amendment of section 26—Death of
contributor
207 Amendment of section 26B—Commutation to
pay deferred superannuation contributions surcharge following death of
contributor
208 Amendment of section 26C—Withheld amount
209 Amendment of section 32—Benefits payable
on contributor's death
210 Amendment of section 33—Benefits payable
to contributor's estate
211 Amendment of section 34—Resignation and
preservation of benefits
212 Amendment of section 35A—Commutation to
pay deferred superannuation contributions surcharge
213 Amendment of section 37—Effect on
pension of pensioner's re-employment
214 Amendment of section 38E—Benefits
215 Amendment of section 38EBA—Payment of
co-contribution component
216 Amendment of section 40—Effect of
workers compensation etc on pensions
217 Amendment of section 41—Division of
benefit where deceased contributor is survived by more than 1 spouse or de
facto partner
218 Amendment of section 43—Repayment of
balance in contribution account
219 Amendment of section 44—Special provision
for payment in case of infancy or death
220 Amendment of section 46A—Termination of
Police Occupational Superannuation Scheme
221 Amendment of section 48—Power to obtain
information
222 Transitional provision
Part 67—Amendment of Problem
Gambling Family Protection Orders Act 2004
223 Amendment of section 3—Interpretation
Part 68—Amendment of Public
Corporations Act 1993
224 Amendment of section 3—Interpretation
Part 69—Amendment of Public
Intoxication Act 1984
225 Amendment of section 4—Interpretation
Part 70—Amendment of Public
Sector Management Act 1995
226 Amendment of section 3—Interpretation
Part 71—Amendment of Public
Trustee Act 1995
227 Amendment of section 3—Interpretation
228 Amendment of section 9—Administration of
deceased estate
229 Amendment of section 35—Powers of Public
Trustee as manager
Part 72—Amendment of Racing
(Proprietary Business Licensing) Act 2000
230 Amendment of section 3—Interpretation
231 Amendment of section 5—Close associates
Part 73—Amendment of Renmark
Irrigation Trust Act 1936
232 Amendment of section 5—Interpretation
Part 74—Amendment of
Residential Tenancies Act 1995
233 Amendment of section 3—Interpretation
234 Amendment of section 81—Termination
because possession is required by landlord for certain purposes
Part 75—Amendment of
Retirement Villages Act 1987
235 Amendment of section 3—Interpretation
Part 76—Amendment of River
Murray Act 2003
236 Amendment of section 3—Interpretation
Part 77—Amendment of South
Australian Health Commission Act 1976
237 Amendment of section 6—Interpretation
238 Amendment of section 39—Fixing of fees
239 Amendment of section 57A—Fixing of fees
Part 78—Amendment of South
Australian Housing Trust Act 1995
240 Amendment of section 3—Interpretation
Part 79—Amendment of South
Eastern Water Conservation and Drainage Act 1992
241 Amendment of section 16—Conflict of
interest
Part 80—Amendment of Southern
State Superannuation Act 1994
242 Amendment of section 3—Interpretation
243 Repeal of sections 3A and 3B
244 Amendment of section 32—Resignation
245 Amendment of section 35—Death of member
246 Amendment of section 35AAB—Commutation
to pay deferred superannuation contributions surcharge following death of
member
247 Amendment of section 35AAC—Withheld
amount
248 Amendment of section 43—Division of benefit
where deceased member is survived by more than 1 spouse or de facto partner
249 Amendment of section 44—Payment in case
of death
250 Transitional provision
Part 81—Amendment of Stamp
Duties Act 1923
251 Amendment of section 2—Interpretation
252 Amendment of section 60A—Value of
property conveyed or transferred
253 Amendment of section 71CB—Exemption from
duty in respect of certain transfers between spouses and former spouses or
domestic partners and former domestic partners
254 Amendment of section 71CBA—Exemption
from duty in respect of domestic relationship property agreements or property
adjustment orders
255 Amendment of section 71CC—Interfamilial
transfer of farming property
256 Amendment of section 91—Interpretation
257 Transitional provision
Part 82—Amendment of
Superannuation Act 1988
258 Amendment of section 4—Interpretation
259 Repeal of sections 4A and 4B
260 Amendment of section 28—Resignation and
preservation of benefits
261 Amendment of section 28A—Resignation
under voluntary separation package
262 Amendment of section 32—Death of
contributor
263 Amendment of section 32A—PSESS benefit
264 Amendment of section 32C—Commutation to
pay deferred superannuation contributions surcharge following death of
contributor
265 Amendment of section 32D—Withheld amount
266 Amendment of section 38—Death of
contributor
267 Amendment of section 39—Resignation and
preservation of benefits
268 Amendment of section 39A—Resignation or
retirement under voluntary separation package
269 Amendment of section 40A—Commutation to
pay deferred superannuation contributions surcharge
270 Amendment of section 45—Effect of
workers compensation etc on pensions
271 Amendment of section 46—Division of
benefit where deceased contributor is survived by more than 1 spouse or de
facto partner
272 Amendment of section 48—Repayment of
contribution account balance and minimum benefits
273 Amendment of section 49—Special
provision for payment in case of infancy or death
274 Amendment of Schedule 1B—Transfer of
certain members of the Electricity Industry Superannuation Scheme to the State
Scheme
275 Transitional provision
Part 83—Amendment of
Superannuation Funds Management Corporation of South Australia Act 1995
276 Amendment of section 3—Interpretation
Part 84—Amendment of Supported
Residential Facilities Act 1992
277 Amendment of section 3—Interpretation
Part 85—Amendment of Supreme
Court Act 1935
278 Amendment of section 13H—Pre-retirement
leave
Part 86—Amendment of
Transplantation and Anatomy Act 1983
279 Amendment of section 5—Interpretation
Part 87—Amendment of
University of Adelaide Act 1971
280 Amendment of section 17—Duty of Council
members with respect to conflict of interest
Part 88—Amendment of
University of South Australia Act 1990
281 Amendment of section 15C—Duty of Council
members with respect to conflict of interest
Part 89—Amendment of Upper
South East Dryland Salinity and Flood Management Act 2002
282 Amendment of section 3—Interpretation
Part 90—Amendment of
Veterinary Practice Act 2003
283 Amendment of section 46—Interpretation
Part 91—Amendment of Victims
of Crime Act 2001
284 Amendment of section 4—Interpretation
285 Amendment of section 17—Eligibility to
make claim
286 Amendment of section 20—Orders for
compensation
287 Amendment of section 23—Joint offences
288 Amendment of Schedule 1—Repeal and
transitional provisions
3 Operation of certain amendments
Part 92—Amendment of Wills
Act 1936
289 Insertion of section 7A
7A Interpretation
290 Amendment of section 17—Gifts to an
attesting witness
291 Amendment of section 18—Creditor
attesting to be admitted a witness
Part 93—Amendment of Workers
Rehabilitation and Compensation Act 1986
292 Amendment of section 3—Interpretation
293 Amendment of section 44—Compensation
payable on death
294 Amendment of Schedule 1—Transitional
provisions
5D Compensation payable to de facto
partner on death of worker
Schedule 1—Review of changes effected by this Act
1 Review of
changes effected by this Act
The Parliament of South Australia enacts
as follows:
This Act may be cited as the Statutes Amendment (Relationships
No 2) Act 2005.
(1) This
Act will come into operation on a day to be fixed by proclamation.
(2) Section
7(5) of the Acts Interpretation Act 1915 does not apply in relation
to the commencement of this Act or any provision of this Act.
In this Act, a provision under a heading referring to the
amendment of a specified Act amends the Act so specified.
Part 2—Amendment of Administration and Probate
Act 1919
4—Amendment of section 4—Interpretation
(1) Section 4—after the definition of Court
of Probate Act 1858 insert:
de facto partner, in relation to a deceased person, means a person declared under
the Family Relationships Act 1975 to have been a de facto partner
of the deceased as at the date of his or her death;
(2) Section 4—after the definition of deliver
insert:
domestic co-dependant, in relation to a deceased person, means
a person who was, on the date of the deceased's death—
(a) living
with the deceased in a relationship of dependence; and
(b) party
to a certified domestic relationship property agreement with the deceased,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section
4, definitions of putative spouse and lawful spouse—delete
the definitions
(4) Section 4, definition of spouse—delete
the definition and substitute:
spouse, in relation to a deceased person, means a person who was legally
married to that person as at the date of his or her death;
Section 37—after "spouse"
insert:
or domestic partner
6—Amendment of section 71—Payment without production of probate or letters of administration
(1) Section 71(1)—after "spouse"
insert:
or domestic partner
(2) Section 71(1a)—after "spouse"
insert:
or domestic partner
7—Amendment of section 72—Payment by ADI of sums not exceeding $2 000
Section 72(1)—delete "widow or
husband" wherever occurring and substitute in each case:
spouse or domestic partner
8—Amendment of section 72E—Presumption of survivorship not to apply
(1) Section 72E—delete "his spouse"
and substitute:
the intestate's spouse or domestic partner
(2) Section 72E—after "the spouse"
insert:
or domestic partner
9—Amendment of section 72F—Value of intestate estate
Section 72F(b)—after "spouse"
insert:
or domestic partner
10—Amendment of section 72G—Distribution of intestate estate
Section 72G—after "spouse"
wherever occurring insert in each case:
or domestic partner
11—Amendment of section 72H—Provision as to spouses and domestic partners
(1) Section 72H(1)—after "spouse"
wherever occurring insert in each case:
or domestic partner
(2) Section 72H(2) and (3)—delete subsections
(2) and (3) and substitute:
(2) If
an intestate is survived by a spouse and a domestic partner, each is entitled
to an equal share of the property (including personal chattels of the
intestate) that would have devolved on the spouse or domestic partner if the
intestate had been survived only by a single spouse or domestic partner.
(3) If
a dispute arises between a surviving spouse and domestic partner as to the
division between them of personal chattels of an intestate, the administrator
may sell the personal chattels and divide the proceeds of the sale equally
between them.
12—Amendment of section 72K—Gifts to be brought into hotchpotch
Section 72K(1)—after "spouse"
wherever occurring insert in each case:
or domestic partner
13—Amendment of section 72L—Election by spouse or domestic partner to take dwellinghouse
(1) Section 72L(1)—delete "his
spouse" and substitute:
a spouse or domestic partner
(2) Section 72L(1)—after "the spouse"
wherever occurring insert in each case:
or domestic partner
(3) Section 72L(2)—after "spouse"
wherever occurring insert in each case:
or domestic partner
(4) Section 72L(3)—after "spouse"
wherever occurring insert in each case:
or domestic partner
(5) Section 72L(4)—after "spouse"
wherever occurring insert in each case:
or domestic partner
(6) Section 72L(5)—after "spouse"
insert:
or domestic partner
(1) Section 72M(1)—after "spouse" wherever
occurring insert in each case:
or domestic partner
(2) Section
72M(1)(b)(i)—delete "the spouse's"
(3) Section 72M(1)(b)(i)—after
"residence" insert:
of the spouse or domestic partner
An amendment made by this Act to the Administration and Probate
Act 1919 applies only in relation to the estate of a deceased person
whose death occurs after the commencement of the amendment.
Part 3—Amendment of Aged and Infirm Persons' Property
Act 1940
16—Amendment of section 3—Interpretation
(1) Section 3(1)—after the definition of court
insert:
de facto partner means a person who is a de facto partner within the meaning of
the Family Relationships Act 1975, whether declared as such under
that Act or not;
domestic co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(2) Section 3(1)—after the definition of protected
person insert:
spouse—a person is the spouse of another if they are legally married.
17—Amendment of section 8—Application for protection order
Section 8(1)(b)—delete "husband or
wife" and substitute:
spouse or domestic partner
18—Amendment of section 8A—Protection order on court's own motion
Section 8A(4)(b)—delete "husband or
wife" and substitute:
spouse or domestic partner
19—Amendment of section 10—Appointment of manager
Section 10(1)—delete "husband or
wife" and substitute:
spouse or domestic partner
20—Amendment of section 12—Exemption of part of estate
Section 12(2)—delete "wife or
husband" and substitute:
spouse or domestic partner
21—Amendment of section 13—Powers of manager
Section 13(1)4—delete "wife or
husband" and substitute:
spouse or domestic partner
Part 4—Amendment of Anangu Pitjantjatjara
Yankunytjatjara Land Rights Act 1981
22—Amendment of section 25—Special provisions relating to Mintabie precious stones field
(1) Section 25(2)(c)—delete "lawful or de
facto spouse," and substitute:
spouse or domestic partner,
(2) Section 25(9)—before the definition of the
designated officer insert:
de facto partner—a person is the de facto partner of another (irrespective of the
sex of the other) if the person cohabits with the other as a couple on a
genuine domestic basis but is not legally married to the other;
(3) Section 25(9)—after the definition of designated
officer insert:
domestic co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with the
other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(4) Section 25(9)—after the definition of the
designated officer insert:
spouse—a person is the spouse of another if they are legally married..
Part 5—Amendment of ANZAC Day Commemoration
Act 2005
23—Amendment of section 3—Interpretation
(1) Section 3—after the definition of Council
insert:
de facto partner means a person who is a de facto partner within the meaning of
the Family Relationships Act 1975, whether declared as such under
that Act or not;
domestic co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(2) Section 3—after the definition of RSL
insert:
spouse—a person is the spouse of another if they are legally married;
24—Amendment of section 16—Application of Fund
(1) Section 16(1)(d)—after "spouses"
insert:
or domestic partners
(2) Section 16(1)(e)—delete "or including,
veterans or the spouses," and substitute:
of or including, veterans or the spouses or domestic partners,
Part 6—Amendment of Architects
Act 1939
25—Amendment of section 32A—Registration of company as architect
(1) Section 32A(1)(f)—after "spouse"
insert:
or domestic partner
(2) Section 32A(1)(f)—delete "shall, upon
the dissolution or annulment of his marriage with that person" and
substitute:
will, on the occurrence of a prescribed event
(3) Section 32A(2)—before the definition of prescribed
qualification insert:
de facto partner means a person who is a de facto partner within the meaning of
the Family Relationships Act 1975, whether declared as such under
that Act or not;
domestic co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
prescribed event means—
(a) if
the shareholder is married to a director or employee of the company—the
dissolution or annulment of the marriage;
(b) if
the shareholder is the de facto partner of a director or employee of the
company—the cessation of cohabitation by the shareholder and the director or
employee;
(4) Section 32A(2), definition of relative—after
"spouse," insert:
domestic partner,
(5) Section 32A(2)—after the definition of relative
insert:
spouse—a person is the spouse of another if they are legally married.
From the commencement of this section, a reference to a relative
or spouse in the memorandum and articles of association of a
company that is registered as an architect under the Architects
Act 1939 will, where the context so admits or requires, be taken to
include a reference to a domestic partner.
Part 7—Amendment of Associations Incorporation
Act 1985
27—Amendment of section 3—Interpretation
(1) Section 3(1)—after the definition of the
Commission insert:
de facto partner means a person who is a de facto partner within the meaning of
the Family Relationships Act 1975, whether declared as such under
that Act or not;
domestic co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(2) Section
3(1), definition of putative spouse—delete the definition
(3) Section 3(1)—after the definition of special
resolution insert:
spouse—a person is the spouse of another if they are legally married;
(4) Section 3(6)(b)—delete "putative
spouse" and substitute:
domestic partner
28—Amendment of section 18—Eligibility for incorporation
Section 18(6)(b)—after
"spouses," insert:
domestic partners,
Part 8—Amendment of Authorised Betting Operations
Act 2000
29—Amendment of section 3—Interpretation
(1) Section 3(1)—after the definition of compliance
notice insert:
de facto partner means a person who is a de facto partner within the meaning of
the Family Relationships Act 1975, whether declared as such under
that Act or not;
domestic co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(2) Section 3(1)—after the definition of racing
distribution agreement insert:
spouse—a person is the spouse of another if they are legally married;
30—Amendment of section 5—Close associates
Section 5(1)(a)—after "spouse,"
insert:
domestic partner,
Part 9—Amendment of Casino Act 1997
31—Amendment of section 3—Interpretation
(1) Section 3(1)—after the definition of compliance
notice insert:
de facto partner means a person who is a de facto partner within the meaning of
the Family Relationships Act 1975, whether declared as such under
that Act or not;
domestic co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(2) Section 3(1)—after the definition of police
officer insert:
spouse—a person is the spouse of another if they are legally married;
32—Amendment of section 4—Close associates
Section 4(1)(a)—after "spouse,"
insert:
domestic partner,
Part 10—Amendment of Chiropractic and Osteopathy
Practice Act 2005
33—Amendment of section 54—Interpretation
(1) Section 54—before the definition of health
product insert:
de facto partner means a person who is a de facto partner within the meaning of
the Family Relationships Act 1975, whether declared as such under
that Act or not;
domestic co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(2) Section 54, definition of prescribed
relative—after "spouse," insert:
domestic partner,
(3) Section 54, definitions of putative
spouse and spouse—delete the definitions and substitute:
spouse—a person is the spouse of another if they are legally married.
Part 11—Amendment of Chiropractors Act 1991
34—Amendment of section 4—Interpretation
(1) Section 4(1)—after the definition of company
insert:
de facto partner means a person who is a de facto partner within the meaning of
the Family Relationships Act 1975, whether declared as such under
that Act or not;
(2) Section 4(1)—after the definition of director
insert:
domestic co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 4(1), definition of prescribed
relative—delete "putative spouse" and substitute:
domestic partner
(4) Section
4(1), definition of putative spouse—delete the definition
(5) Section 4(1)—after the definition of share
insert:
spouse—a person is the spouse of another if they are legally married.
35—Amendment of section 18—Qualifications for registration
(1) Section 18(2)(a)(vii)—after
"spouse" insert:
or domestic partner
(2) Section18(2)(a)(vii)(B)—delete
"putative spouse" and substitute:
domestic partner
From the commencement of this section, a reference to a prescribed
relative, spouse or putative spouse in the
memorandum and articles of association of a company that is registered as a
chiropractor under the Chiropractors Act 1991 will, where the
context so admits or requires, be taken to include a reference to a domestic
partner.
Part 12—Amendment of Citrus Industry Act 1991
37—Amendment of section 3—Interpretation
(1) Section 3—after the definition of citrus
fruit insert:
de facto partner means a person who is a de facto partner within the meaning of
the Family Relationships Act 1975, whether declared as such under
that Act or not;
domestic co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(2) Section 3—after the definition of sell
insert:
spouse—a person is the spouse of another if they are legally married;
38—Amendment of section 8—Conflict of interest
Section 8(3)(f)—after "spouse,"
insert:
domestic partner,
39—Amendment of section 12—Conflict of interest over appointments
Section 12(2)(e)—after "spouse,"
insert:
domestic partner,
Part 13—Amendment of City of Adelaide Act 1998
40—Amendment of Schedule 2—Register of interests—Form of returns
(1) Schedule 2, clause 1(1)—after the
definition of beneficial interest insert:
de facto partner means a person who is a de facto partner within the meaning of
the Family Relationships Act 1975, whether declared as such under
that Act or not;
domestic co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(2) Schedule 2, clause 1(1), definition of family,
(a)—after "spouse" insert:
or domestic partner
(3) Schedule 2, clause 1(1), definition of spouse—delete
the definition and substitute:
spouse—a person is the spouse of another if they are legally married;
Part 14—Amendment of Civil Liability Act 1936
41—Amendment of section 3—Interpretation
(1) Section 3—after the definition of damages
insert:
de facto partner, in relation to any cause of action arising under this Act, means
a person declared under the Family Relationships Act 1975 to have
been a de facto partner on the day on which the cause of action arose;
domestic co-dependant, in relation to any cause of action
arising under this Act, means a person who was, on the day on which the cause
of action arose—
(a) living
with another in a relationship of domestic co-dependancy; and
(b) party
to a certified domestic relationship property agreement with the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(2) Section
3, definition of putative spouse—delete the definition
(3) Section 3, definition of spouse—delete
the definition and substitute:
spouse, in relation to any cause of action arising under this Act, means
a person who was legally married to another on the day on which the cause of
action arose;
(1) Section 24(1)—delete "wife,
husband," and substitute:
spouse, domestic partner,
(2) Section 24(4)—delete "legal spouse and
a putative spouse" and substitute:
spouse and a domestic partner
(3) Section 24(7)—delete "putative
spouse" wherever occurring and substitute in each case:
domestic partner
(4) Section 24(7)—delete "spouse"
third occurring and substitute:
domestic partner
(1) Section 29(1)—after "spouse"
wherever occurring insert in each case:
or domestic partner
(2) Section
29(2)—delete "lawful"
(3) Section 29(2)—delete "putative
spouse" and substitute:
domestic partner
(4) Section 29(2)—after "spouse"
third occurring insert:
or domestic partner
(5) Section 29(3)—delete "lawful spouse
and a putative spouse" and substitute:
spouse and domestic partner
(6) Section
29(4)—delete "lawful"
(7) Section 29(4)—delete "putative
spouse" and substitute:
domestic partner
(8) Section 29(4)—after "spouse"
third occurring insert:
or domestic partner
44—Amendment of section 30—Further provisions as to solatium etc
Section 30(1)—delete "husband or
wife" and substitute:
, spouse or domestic partner
45—Amendment of section 53—Damages for mental harm
Section 53(1)(b)—after "spouse"
insert:
, domestic partner
46—Amendment of section 58—Damages in respect of gratuitous services
Section 58—after "spouse"
wherever occurring insert in each case:
, domestic partner
47—Amendment of heading to Part 9 Division 5
Heading to Part 9 Division 5—delete
"husband and wife" and substitute:
spouses or domestic partners
48—Amendment of section 65—Spouse or de facto partner may claim for loss or impairment of consortium
(1) Section 65(1)—delete subsection (1) and
substitute:
(1) If
a person causes injury to another by wrongful act, neglect or default, the
person will (whether or not the injury results in death) be liable in damages
to the spouse or de facto partner of the injured person for loss or injury
suffered by the spouse or de facto partner as a result of the loss or
impairment of consortium.
(2) Section 65(2)—delete "husband"
and substitute:
spouse
49—Amendment of section 66—Damages where injured spouse or domestic partner participated in business
(1) Section 66(1)—delete "a husband and
wife are engaged" and substitute:
spouses or domestic partners are jointly engaged
(2) Section 66(1)—after "spouse"
wherever occurring insert in each case:
or domestic partner
(3) Section 66(2), definition of injury—delete
"the death of a spouse" and substitute:
death
An amendment made by this Act to the Civil Liability
Act 1936 applies only in relation to a cause of action that arises
after the commencement of the amendment.
Part 15—Amendment of Community Titles Act 1996
51—Amendment of section 3—Interpretation
(1) Section 3(1)—after the definition of council
insert:
de facto partner means a person who is a de facto partner within the meaning of
the Family Relationships Act 1975, whether declared as such under
that Act or not;
(2) Section 3(1)—after the definition of development
lot insert:
domestic co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 3(1), definition of relative—delete
"(whether legal or putative)" and substitute:
, domestic partner,
(4) Section 3(1)—after the definition of special
resolution insert:
spouse—a person is the spouse of another if they are legally married;
Part 16—Amendment of Conveyancers
Act 1994
52—Amendment of section 3—Interpretation
(1) Section 3—after the definition of Court
insert:
de facto partner means a person who is a de facto partner within the meaning of
the Family Relationships Act 1975, whether declared as such under
that Act or not;
(2) Section 3—after the definition of director
insert:
domestic co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 3, definition of prescribed
relative—after "spouse," insert:
domestic partner,
(4) Section 3, definition of spouse—delete
the definition and substitute:
spouse—a person is the spouse of another if they are legally married.
53—Amendment of Schedule 2—Transitional provisions
(1) Schedule
2, clause 2(1), definition of spouse—delete the definition
(2) Schedule 2, clause 2(2)(b)—after
"spouse," insert:
domestic partner,
From the commencement of this section, a reference to a prescribed
relative, spouse or putative spouse in the
constitution of a company that is registered as a conveyancer under the Conveyancers
Act 1994 will, where the context so admits or requires, be taken to
include a reference to a domestic partner.
Part 17—Amendment of Co-operatives Act 1997
55—Amendment of section 4—Definitions
(1) Section 4(1)—after the definition of deed
of arrangement insert:
de facto partner means a person who is a de facto partner within the meaning of
the Family Relationships Act 1975, whether declared as such under
that Act or not;
(2) Section 4(1)—after the definition of District
Court insert:
domestic co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 4(1)—after the definition of share
insert:
spouse—a person is the spouse of another if they are legally married;
56—Amendment of section 153—Notice in respect of bonus shares
Section 153(d)—after "spouse"
wherever occurring insert in each case:
or domestic partner
57—Amendment of section 226—Financial accommodation to directors and associates
Section 226(1), definition of associate—after
"spouse" wherever occurring insert in each case:
or domestic partner
58—Amendment of section 270—Acquisition and disposal of assets
Section 270(1)(b)—after "spouse"
insert:
or domestic partner
Part 18—Amendment of Correctional Services Act 1982
59—Amendment of section 4—Interpretation
(1) Section 4(1)—after the definition of correctional
institution insert:
de facto partner means a person who is a de facto partner within the meaning of
the Family Relationships Act 1975, whether declared as such under
that Act or not;
(2) Section 4(1)—after the definition of designated
condition insert:
domestic co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 4(1), definition of immediate
family, (a)—delete "(including a putative spouse)" and
substitute:
or domestic partner
(4) Section 4(1)—after the definition of sentence
of indeterminate duration insert:
spouse—a person is the spouse of another if they are legally married;
Part 19—Amendment of Cremation Act 2000
60—Amendment of section 4—Interpretation
(1) Section 4—after the definition of crematorium
insert:
de facto partner means a person who is a de facto partner within the meaning of
the Family Relationships Act 1975, whether declared as such under
that Act or not;
(2) Section 4—after the definition of doctor
insert:
domestic co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 4, definition of spouse—delete
the definition and substitute:
spouse—a person is the spouse of another if they are legally married.
Section 7—after "spouse,"
insert:
domestic partner,
Part 20—Amendment of Criminal Assets Confiscation Act
2005
62—Amendment of section 3—Interpretation
(1) Section 3—after the definition of deal
with insert:
de facto partner means a person who is a de facto partner within the meaning of
the Family Relationships Act 1975, whether declared as such under
that Act or not;
(2) Section 3, definition of dependant,
(a)—after "spouse" insert:
or domestic partner
(3) Section 3—after the definition of document
insert:
domestic co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(4) Section
3, definition of putative spouse—delete the definition
(5) Section 3, definition of spouse—delete
the definition and substitute:
spouse—a person is the spouse of another if they are legally married;
63—Amendment of section 131—Examination orders relating to restraining orders
Section 131(1)(c)—after "spouse"
insert:
or domestic partner
Section 132(1)(c)—after "spouse"
insert:
or domestic partner
Part 21—Amendment of Criminal Law Consolidation
Act 1935
65—Amendment of section 5—Interpretation
(1) Section 5(1)—after the definition of court
insert:
de facto partner means a person who is a de facto partner within the meaning of
the Family Relationships Act 1975, whether declared as such under
that Act or not;
domestic co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(2) Section 5(1)—after the definition of sexual
intercourse insert:
spouse—a person is the spouse of another if they are legally married.
66—Amendment of section 5AA—Aggravated offences
(1) Section 5AA(1)(g)(ii) and (iii)—delete
subparagraphs (ii) and (iii) and substitute:
(ii) a
domestic partner or former domestic partner of the offender; or
(iii) a
child of whom—
(A) the
offender; or
(B) a
spouse or former spouse of the offender; or
(C) a
domestic partner or former domestic partner of the offender,
has custody as a parent or guardian; or
(iv) a
child who normally or regularly resides with—
(A) the
offender; or
(B) a
spouse or former spouse of the offender; or
(C) a
domestic partner or former domestic partner of the offender;
(2) Section
5AA(5), definition of spouse—delete the definition
67—Amendment of section 269A—Interpretation
Section 269A(1), definition of next
of kin—delete "(or putative spouse)" and substitute:
domestic partner,
Part 22—Amendment of Criminal Law (Forensic Procedures)
Act 1998
68—Amendment of section 3—Interpretation
(1) Section 3(1), definition of closest
available next of kin, (b)(i)—after "spouse" insert:
or domestic partner
(2) Section 3(1)—after the definition of criminal
offence insert:
de facto partner means a person who is a de facto partner within the meaning of
the Family Relationships Act 1975, whether declared as such under
that Act or not;
(3) Section 3(1)—after the definition of DNA
database system insert:
domestic co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(4) Section 3(1)—after the definition of serious
offence insert:
spouse—a person is the spouse of another if they are legally married;
Part 23—Amendment of Crown Lands Act 1929
69—Amendment of section 78B—Life leases for certain shacks
(1) Section 78B(2)(a)(ii) and (iii)—delete
subparagraphs (ii) and (iii) and substitute:
(ii) to
an existing or surviving spouse or domestic partner of a person referred to in
subparagraph (i) or a lessee under a lease granted under this section; or
(iii) to
any other person—
(A) whose
use or enjoyment of the lands; or
(B) whose
relationship with a person referred to in subparagraph (i) or a lessee under a
lease granted under this section,
is such that the Minister is of the opinion that the person should
be granted a lease under this section; and
(2) Section 78B—after subsection (4) insert:
(5) In this section—
de facto partner means a person who is a de facto partner within the meaning of
the Family Relationships Act 1975, whether declared as such under
that Act or not;
domestic co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
spouse—a person is the spouse of another if they are legally married.
Part 24—Amendment of De Facto Relationships
Act 1996
Long title—delete "de facto" and
substitute:
certain domestic
71—Amendment of section 1—Short title
Section 1—delete "De Facto
Relationships Act 1996" and substitute:
Domestic Relationships Property Act 1996
72—Amendment of section 3—Definitions
(1) Section 3, definition of certified
agreement—delete the definition and substitute:
certified domestic relationship property
agreement—a domestic
relationship property agreement is a certified domestic relationship property
agreement if—
(a) the
agreement contains a provision (the warranty of asset disclosure)
under which each party warrants that he or she has disclosed all relevant
assets to the other; and
(b) the
signature of each party to the agreement is attested by a lawyer's certificate
and the certificates are given by different lawyers;
(2) Section 3, definition of child,
(a)—after "which" insert:
both of
(3) Section 3, definition of de facto
relationship—delete the definition and substitute:
de facto relationship means the relationship between 2 persons (whether of the
opposite sex or the same sex) who cohabit with each other as a couple on a
genuine domestic basis, but does not include the relationship between 2 persons
who are legally married to each other;
(4) Section 3—after the definition of de
facto relationship insert:
domestic co-dependant means a person who lives in a
relationship of dependence and includes—
(a) a
person who is about to enter a relationship of dependence; and
(b) a
person who has lived in a relationship of dependence,
and domestic co-dependant relationship has a
corresponding meaning;
domestic partner means a de facto partner or a domestic co-dependant;
domestic relationship means a de facto relationship or a domestic co-dependant
relationship;
domestic relationship property agreement—see Part 2;
(5) Section 3—after the definition of property
insert:
relationship of dependence means a close personal relationship
between 2 adult persons, whether or not related by family, who are living
together, 1 or each of whom provides the other with domestic support or
personal care, but does not include any such relationship—
(a) where
either of them is married (whether to each other or some other person); or
(b) where
either of them is in a de facto relationship (whether with each other or some
other person); or
(c) where
1 of them provides the other with domestic support or personal care for fee or
reward, or on behalf of some other person or an organisation of whatever kind.
Section 4—delete the section and
substitute:
4—Application
of Act
(1) This Act does not apply to a de facto
relationship that ended before 16 December 1996.
Note—
The Domestic Relationships Property Act 1996 commenced
on 16 December 1996 as the De Facto Relationships Act 1996.
(2) This
Act does not apply to a domestic co-dependant relationship that ended before
the commencement of this subsection.
74—Substitution of Part 2 heading
Heading to Part 2—delete the heading and
substitute:
Part 2—Domestic relationship property
agreements
75—Amendment of section 5—Domestic relationship property agreements
(1) Section 5(1)—delete "De facto"
and substitute:
Subject to this section, domestic
(2) Section 5(1)—delete "cohabitation"
and substitute:
domestic relationship property
(3) Section
5(1)(a)—delete "de facto"
(4) Section
5(1)(b)—delete "de facto"
(5) Section 5(2)—delete
"cohabitation" and substitute:
domestic relationship property
(6) Section 5(2)(b)—delete "de facto"
and substitute:
domestic
(7) Section 5—after subsection (2) insert:
(3) Domestic
co-dependants may only make a certified domestic relationship property
agreement.
76—Domestic relationship property agreement enforceable under law of contract
Section 6—delete "cohabitation"
and substitute:
domestic relationship property
(1) Section 7(1)—delete
"cohabitation" and substitute:
domestic relationship property
(2) Section 7(2)—delete
"cohabitation" and substitute:
domestic relationship property
(3) Section 7(2)—delete
"certificated" wherever occurring and substitute in each case:
certified domestic relationship property
78—Amendment of section 8—Power to set aside or vary domestic relationship property agreement
(1) Section 8(1)—delete "cohabitation"
and substitute:
domestic relationship property
(2) Section 8(2)(b)—delete "de facto"
and substitute:
domestic
(3) Section 8(3)—delete
"cohabitation" and substitute:
domestic relationship property
(4) Section 8(3)(b)—delete
"certificated" and substitute:
certified domestic relationship property
79—Amendment of section 9—Property adjustment order
(1) Section 9—delete "de facto"
wherever occurring and substitute in each case:
domestic
(2) Section 9(2)— after paragraph (c) insert:
and
(d) in
the case of a domestic relationship that is a domestic co-dependant
relationship—the domestic co-dependants are parties to a certified domestic
relationship property agreement.
80—Amendment of section 10—Power to make orders for division of property
Section 10—delete "de facto"
wherever occurring and substitute in each case:
domestic
81—Amendment of section 11—Matters for consideration by court
(1) Section 11—delete "de facto"
wherever occurring and substitute in each case:
domestic
(2) Section 11(1)(c)—delete
"cohabitation" and substitute:
domestic relationship property
(3) Section 11(2)—delete
"cohabitation" and substitute:
domestic relationship property
(4) Section 11(2)(a)—delete
"certificated" and substitute:
certified domestic relationship property
82—Amendment of section 12—Duty of court to resolve all outstanding questions
Section 12—delete "de facto" and
substitute:
domestic
Section 15—delete "de facto" and
substitute:
domestic
After the commencement of this section, a reference to a cohabitation
agreement or a certificated agreement will, where the
context so admits or requires, be taken to be a reference to a domestic
relationship property agreement or a certified domestic
relationship property agreement.
Part 25—Amendment of Dental Practice
Act 2001
85—Amendment of section 3—Interpretation
(1) Section 3(1)—after the definition of Board
insert:
de facto partner means a person who is a de facto partner within the meaning of
the Family Relationships Act 1975, whether declared as such under
that Act or not;
(2) Section 3(1)—after the definition of DNA
database system insert:
domestic co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 3(1), definition of prescribed
relative—after "spouse," insert:
de facto partner,
(4) Section
3(1), definition of putative spouse—delete the definition
(5) Section 3(1), definition of spouse—delete
the definition and substitute:
spouse—a person is the spouse of another if they are legally married;
86—Amendment of section 33—Registration of companies
(1) Section 33(2)(a)(vii)—after
"spouse" insert:
or domestic partner
(2) Section 33(2)(a)(vii)(B)—delete
"putative spouse" and substitute:
domestic partner
From the commencement of this section, a reference to a prescribed
relative, spouse or putative spouse in the
memorandum and articles of association of a company that is registered as a
dentist, advanced dental prosthetist, dental prosthetist or dental technician
under the Dental Practice Act 2001 will, where the context so
admits or requires, be taken to include a reference to a domestic partner.
Part 26—Amendment of Development Act 1993
88—Amendment of section 4—Definitions
(1) Section 4(1)—after the definition of Crown
insert:
de facto partner means a person who is a de facto partner within the meaning of
the Family Relationships Act 1975, whether declared as such under
that Act or not;
(2) Section 4(1)—after the definition of document
insert:
domestic co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 4(1), definition of relative—after
"spouse," insert:
domestic partner,
(4) Section 4(1), definition of spouse—delete
the definition and substitute:
spouse—a person is the spouse of another if they are legally married;
(5) Section 4(8)(a)—after "spouse"
insert:
or domestic partner
(6) Section 4(8)(b)(ii)—after
"spouse" insert:
or domestic partner
(7) Section 4(8)(c)—after "spouse"
insert:
or domestic partner
Part 27—Amendment of Domestic Violence Act 1994
89—Amendment of section 3—Interpretation
(1) Section 3—after the definition of Court
insert:
de facto partner—a person is the de facto partner of a defendant (irrespective of
the sex of the defendant) if the person cohabits with the defendant as a couple
on a genuine domestic basis but is not legally married to the defendant;
(2) Section 3—after the definition of defendant
insert:
domestic co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 3, definition of member of
the defendant's family,(b) and (c)—delete paragraphs (b) and (c) and
substitute:
(b) a
domestic partner or former domestic partner of the defendant; or
(c) a
child of whom—
(i) the
defendant; or
(ii) a
spouse or former spouse of the defendant; or
(iii) a
domestic partner or former domestic partner of the defendant,
has custody as a parent or guardian; or
(d) a
child who normally or regularly resides with—
(i) the
defendant; or
(ii) a
spouse or former spouse of the defendant; or
(iii) a
domestic partner or former domestic partner of the defendant;
(4) Section 3, definition of spouse—delete
the definition and substitute:
spouse—a person is the spouse of another if they are legally married;
Part 28—Amendment of Electoral Act 1985
90—Amendment of section 29—Entitlement to enrolment
(1) Section 29(4)(b)(i)—after
"spouse" insert:
, domestic partner
(2) Section 29—after subsection (5) insert:
(6) In this section—
de facto partner means a person who is a de facto partner within the meaning of
the Family Relationships Act 1975, whether declared as such under
that Act or not;
domestic co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
spouse—a person is the spouse of another if they are legally married.
Part 29—Amendment of Environment Protection
Act 1993
91—Amendment of section 3—Interpretation
(1) Section 3(1)—after the definition of council
insert:
de facto partner means a person who is a de facto partner within the meaning of
the Family Relationships Act 1975, whether declared as such under
that Act or not;
(2) Section 3(1)—after the definition of domestic
activity insert:
domestic co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 3(1), definition of spouse—delete
the definition and substitute:
spouse—a person is the spouse of another if they are legally married;
(4) Section 3(2)(b)—after "spouse,"
insert:
domestic partner,
Part 30—Amendment of Equal Opportunity Act 1984
92—Amendment of section 5—Interpretation
(1) Section 5(1)—after the definition of court
insert:
de facto partner means a person who is a de facto partner within the meaning of
the Family Relationships Act 1975, whether declared as such under
that Act or not;
(2) Section 5(1), definition of marital
status, (f)—delete paragraph (f) and substitute:
(f) cohabiting
with another (irrespective of the sex of the other) as a couple on a genuine
domestic basis (other than as a legally married couple);
(3) Section 5(1), definition of near
relative—after "spouse," insert:
de facto partner,
(4) Section 5(1), definition of spouse—delete
the definition and substitute:
spouse—a person is the spouse of another if they are legally married;
93—Amendment of section 50—Religious bodies
Section 50(2)—after "sexuality"
insert:
, or cohabitation with another person of the same sex as a couple
on a genuine domestic basis,
Part 31—Amendment of Evidence Act 1929
94—Amendment of section 21—Competence and compellability of witnesses
(1) Section 21(7), definition of close
relative—after "spouse," insert:
domestic partner,
(2) Section 21(7)—after the definition of close
relative insert:
de facto partner means a person who is a de facto partner within the meaning of
the Family Relationships Act 1975, whether declared as such under
that Act or not;
domestic co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 21(7), definition of spouse—delete
the definition and substitute:
spouse—a person is the spouse of another if they are legally married.
Part 32—Amendment of Fair Work Act 1994
95—Amendment of section 4—Interpretation
(1) Section 4(1)—after the definition of decision
insert:
de facto partner means a person who is a de facto partner within the meaning of
the Family Relationships Act 1975, whether declared as such under
that Act or not;
(2) Section 4(1)—after the definition of determination
insert:
domestic co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 4(1), definition of family—after
paragraph (a) insert:
(ab) a
domestic partner;
(4) Section 4(1)—after the definition of single
business insert:
spouse—a person is the spouse of another if they are legally married;
96—Amendment of section 6—Application of Act to employment
Section 6(a)—after "spouse"
insert:
, domestic partner
97—Amendment of section 77—Form and content of enterprise agreement
Section 77(1)(e)—after "spouse,"
insert:
domestic partner,
98—Amendment of Schedule 1—Repeal and transitional provisions
Schedule 1—after clause 16 insert:
17—Enterprise
agreements and spouses or domestic partners
From the commencement of this clause, an enterprise agreement that
provides that sick leave is available to an employee if the leave becomes
necessary because of the sickness of a spouse, will be taken to provide that
sick leave is available to an employee if the leave becomes necessary because
of the sickness of a spouse or domestic partner (whether the agreement was
entered into before or after the commencement of this clause).
99—Amendment of Schedule 5—Minimum standard for parental leave
(1) Schedule 5, clause 1, definition of adoption—after
"spouse" insert:
or de facto partner
(2) Schedule
5, clause 1, definition of spouse—delete the definition
(3) Schedule 5, clause 2—after
"spouse" wherever occurring insert in each case:
or de facto partner
(4) Schedule 5, clause 4—after
"spouse" insert:
or de facto partner
(5) Schedule 5, clause 5—after
"spouse" insert:
or de facto partner
Part 33—Amendment of Family
Relationships Act 1975
100—Amendment of section 5—Interpretation
Section 5, definition of the Court—delete
the definition and substitute:
Court means the Supreme Court, the District Court or the Magistrates
Court;
Part 3—delete Part 3 and substitute:
Part 3—De facto partners
11—Interpretation
(1) For the purposes of this Part, persons are related
by family if—
(a) 1
is the parent, or another ancestor, of the other; or
(b) 1
is the child, or another descendant, of the other; or
(c) they
have a parent in common.
(2) A
person will be taken to be an ancestor or descendant of another even if the
relationship between them is traced through, or to, a person who is or was an
adopted child.
(3) For the purposes of subsection (2)—
(a) the
relationship of parent and child between an adoptive parent and an adopted
child will be taken to continue even though the order by which the adoption was
effected has been annulled, cancelled or discharged or the adoption has
otherwise ceased to be effective; and
(b) the
relationship between an adopted child and the adoptive parent, or each of the
adoptive parents, will be taken to be or to have been the natural relationship
of child and parent; and
(c) a
person who has been adopted more than once will be taken to be the child of
each person by whom he or she has been adopted.
11A—De facto
partners
(1) A person is, on a certain date, the de
facto partner of another (irrespective of the sex of the other) if he
or she is, on that date, cohabiting with that person as a couple on a genuine
domestic basis (other than as a legally married couple) and he or she—
(a) has
so cohabited with that other person continuously for the period of 3 years
immediately preceding that date; or
(b) has
during the period of 4 years immediately preceding that date so cohabited with
that other person for periods aggregating not less than 3 years.
(2) A
person is, on a certain date, the de facto partner of another if
he or she is, on that date, cohabiting with that person as a couple on a
genuine domestic basis (other than as a legally married couple) and a child, of
which he or she and the other person are the parents, has been born (whether or
not the child was still living at that date).
(3) Despite
the preceding subsections, a person is not the de facto partner of another if
he or she is related by family to the other.
(4) A person whose rights or obligations depend
on whether—
(a) he
or she and another person; or
(b) 2
other persons,
were, on a certain date, de facto partners 1 of the other may
apply to the Court for a declaration under this section.
(5) If
it is proved to the satisfaction of the Court that the persons in relation to
whom a declaration is sought were, on the date in question, de facto partners 1
of the other, the Court must make a declaration accordingly.
(6) For the purposes of determining whether a
person is to be recognised under the law of this State as the de facto partner
of another, consideration must be given to the following:
(a) the
duration of the relationship;
(b) the
nature and extent of common residence;
(c) whether
or not a sexual relationship exists, or has existed;
(d) the
degree of financial dependence and interdependence, or arrangements for
financial support between the parties;
(e) the
ownership, use or acquisition of property;
(f) the
degree of mutual commitment to a shared life;
(g) the
care and support of children;
(h) the
performance of household duties;
(i) the
reputation and public aspects of the relationship.
(7) Subject
to the provisions of any other Act, a person will not be recognised under the
law of this State as the de facto partner of another unless a declaration of
the relationship has been made under this section.
(8) A declaration may be made—
(a) whether
or not 1 or both of the persons in relation to whom the declaration is sought
are, or ever have been, domiciled in this State; or
(b) despite
the fact that 1 or both of them are dead.
(9) It
must not be inferred from the fact that the Court has declared that
2 persons were de facto partners 1 of the other, on a certain date, that
they were de facto partners as at any prior or subsequent date.
(10) For
the purpose of determining whether a person was, on a certain date, the de
facto partner of another, circumstances occurring before or after the
commencement of this Part may be taken into account.
102—Substitution of section 13
Section 13—delete the section and
substitute:
13—Confidentiality
of proceedings
(1) Protected information is
information relating to an application under this Act (including images) that
identifies, or may lead to the identification of—
(a) an
applicant; or
(b) a
person who is related to, or associated with, an applicant or is, or is alleged
to be, in any other way connected in the matter to which the application
relates; or
(c) a
witness in the hearing of the application.
(2) A person who publishes protected
information is guilty of an offence.
Maximum penalty: $5 000 or imprisonment for 1 year.
(3) A person who discloses protected
information knowing that, in consequence of the disclosure, the information
will, or is likely to, be published is guilty of an offence.
Maximum penalty: $5 000 or imprisonment for 1 year.
(4) This section does not apply to—
(a) the
publication or disclosure of material—
(i) by
the Court or an employee of the Courts Administration Authority (so long as
such publication or disclosure is made in connection with the administrative
functions of the Court); or
(ii) for
purposes associated with the administration of this Act or another Act relevant
to the application; or
(b) the
publication in printed or electronic form of material that—
(i) consists
solely or primarily of the reported judgments or decisions of the Court; or
(ii) is
of a technical nature designed primarily for use by legal practitioners.
(5) In this section—
newspaper means a newspaper, journal, magazine or other publication that is
published at periodic intervals;
publish means publish by newspaper, radio or television, or on the
internet, or by some other similar means of communication to the public.
If, before the commencement of this section, a declaration has
been made under Part 3 of the Family Relationships Act 1975
that a person was, on a certain date, the putative spouse of another, the
declaration will, if the case requires, be taken to be that the person was, on
that date, the de facto partner of the other.
Part 34—Amendment of Firearms Act 1977
104—Amendment of section 5—Interpretation
(1) Section 5(1)—after the definition of dealer's
licence insert:
de facto partner means a person who is a de facto partner within the meaning of
the Family Relationships Act 1975, whether declared as such under
that Act or not;
domestic co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(2) Section 5(1), definition of relative—after
"spouse," insert:
domestic partner,
(3) Section 5(1), definition of spouse—delete
the definition and substitute:
spouse—a person is the spouse of another if they are legally married;
Part 35—Amendment of First Home Owner Grant
Act 2000
105—Amendment of section 3—Definitions
Section 3—after the definition of corresponding
law insert:
de facto partner—see section 6;
domestic co-dependant—see section 6;
domestic partner means a de facto partner or domestic co-dependant;
106—Amendment of section 6—Spouses and de facto partners
Section 6(1)—delete subsection (1) and
substitute:
(1) A
person is the spouse of another if they are legally married.
(1a) A
person is the de facto partner of another (irrespective of the
sex of the other) if they are cohabiting with each other as a couple on a
genuine domestic basis (other than as a legally married couple).
(1b) A person is the domestic co-dependant
of another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996.
(1) Section 10(1)(a)—after "spouse"
insert:
or domestic partner
(2) Section 10(3)—after "spouse"
insert:
or domestic partner
(1) Section 11(1)—after "spouse"
insert:
or domestic partner
(2) Section 11(3)—after "spouse"
insert:
or domestic partner
109—Amendment of section 41—Protection of confidential information
Section 41(1), definition of protected
information—after "spouse" insert:
or domestic partner
An amendment made by this Act to the First Home Owner Grant
Act 2000 applies only in relation to an application for a first home
owner grant made after the commencement of the amendment.
Part 36—Amendment of The Flinders University of South
Australia Act 1966
111—Amendment of section 18C—Duty of Council members with respect to conflict of interest
(1) Section 18C(8)—delete "the member's
spouse, or a relative of the member," and substitute:
a relative of the member
(2) Section 18C(10)—before the definition of relative
insert:
de facto partner means a person who is a de facto partner within the meaning of
the Family Relationships Act 1975, whether declared as such under
that Act or not;
domestic co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 18C(10), definition of relative—after
"spouse," insert:
domestic partner,
(4) Section 18C(10), definition of spouse—delete
the definition and substitute:
spouse—a person is the spouse of another if they are legally married.
Part 37—Amendment of Gaming Machines Act 1992
112—Amendment of section 3—Interpretation
(1) Section 3(1)—after the definition of the
Court insert:
de facto partner means a person who is a de facto partner within the meaning of
the Family Relationships Act 1975, whether declared as such under
that Act or not;
domestic co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,