ACTS AMENDMENT (EQUALITY OF STATUS) BILL 2002

Western Australian Bills

[Index] [Search] [Download] [Related Items] [Help]

This is a Bill, not an Act. For current law, see the Acts databases.

ACTS AMENDMENT (EQUALITY OF STATUS) BILL 2002

Western Australia Acts Amendment (Equality of Status) Bill 2002 CONTENTS Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 Part 2 -- Anatomy Act 1930 3. Anatomy Act 1930 amended 3 4. Section 2 amended 3 5. Section 8 amended 4 6. Section 9 amended 4 7. Section 10 amended 4 8. Section 10A amended 4 9. Section 11 amended 4 10. Section 16 amended 4 Part 3 -- Anzac Day Act 1960 11. Anzac Day Act 1960 amended 5 12. Section 3 amended 5 13. Section 10 amended 5 Part 4 -- Bush Fires Act 1954 14. Bush Fires Act 1954 amended 6 15. Section 37 amended 6 Part 5 -- Commercial Tenancy (Retail Shops) Agreements Act 1985 16. Commercial Tenancy (Retail Shops) Agreements Act 1985 amended 7 17. Section 13A amended 7 page i 141--2

Acts Amendment (Equality of Status) Bill 2002 Contents Part 6 -- Companies (Co-operative) Act 1943 18. Companies (Co-operative) Act 1943 amended 8 19. Section 152 amended 8 20. Section 187 amended 8 21. Section 421 amended 9 Part 7 -- Construction Industry Portable Paid Long Service Leave Act 1985 22. Construction Industry Portable Paid Long Service Leave Act 1985 amended 10 23. Section 22 amended 10 Part 8 -- Co-operative and Provident Societies Act 1903 24. Co-operative and Provident Societies Act 1903 amended 11 25. Section 18 amended 11 Part 9 -- Coroners Act 1996 26. Coroners Act 1996 amended 12 27. Section 37 amended 12 Part 10 -- Country Housing Act 1998 28. Country Housing Act 1998 amended 13 29. Section 3 amended 13 Part 11 -- Credit Act 1984 30. Credit Act 1984 amended 14 31. Section 5 amended 14 Part 12 -- The Criminal Code 32. The Criminal Code amended 15 33. Section 531 amended 15 34. Section 684 amended 15 page ii

Acts Amendment (Equality of Status) Bill 2002 Contents Part 13 -- Criminal Injuries Compensation Act 1985 35. Criminal Injuries Compensation Act 1985 amended 17 36. Section 3 amended 17 Part 14 -- Criminal Investigation (Identifying People) Act 2002 37. Criminal Investigation (Identifying People) Act 2002 amended 19 38. Section 3 amended 19 Part 15 -- Criminal Property Confiscation Act 2000 39. Criminal Property Confiscation Act 2000 amended 20 40. Section 22 amended 20 41. Section 82 amended 20 42. Glossary amended 20 Part 16 -- Curtin University of Technology Act 1966 43. Curtin University of Technology Act 1966 amended 21 44. Section 34 amended 21 Part 17 -- District Court of Western Australia Act 1969 45. District Court of Western Australia Act 1969 amended 22 46. Section 14 amended 22 Part 18 -- Electricity Corporation Act 1994 47. Electricity Corporation Act 1994 amended 23 48. Schedule 2 amended 23 Part 19 -- Family Court Act 1997 49. Family Court Act amended 24 50. Section 5 amended and validation 24 51. Section 19 amended 24 52. Section 24 amended 25 page iii

Acts Amendment (Equality of Status) Bill 2002 Contents Part 20 -- Fatal Accidents Act 1959 53. Fatal Accidents Act 1959 amended 26 54. Section 3 amended 26 55. Section 5 amended 26 56. Section 6 amended 26 57. Schedule 2 amended 27 Part 21 -- Firearms Act 1973 58. Firearms Act 1973 amended 28 59. Section 8 amended 28 Part 22 -- First Home Owner Grant Act 2000 60. First Home Owner Grant Act 2000 amended 29 61. Section 3 amended 29 62. Section 7 amended 29 63. Section 11 amended 30 64. Section 12 amended 30 65. Section 65 amended 30 Part 23 -- Freedom of Information Act 1992 66. Freedom of Information Act 1992 amended 31 67. Glossary amended 31 Part 24 -- Gold Corporation Act 1987 68. Gold Corporation Act 1987 amended 32 69. Schedule 1 amended 32 Part 25 -- Government Employees' Housing Act 1964 70. Government Employees' Housing Act 1964 amended 33 71. Section 28 amended 33 Part 26 -- Health Act 1911 72. Health Act 1911 amended 34 73. Section 3 amended 34 74. Section 147 amended 34 75. Section 159 amended 34 page iv

Acts Amendment (Equality of Status) Bill 2002 Contents 76. Section 168 amended 35 77. Section 302 amended and consequential amendment 35 Part 27 -- Health Services (Conciliation and Review) Act 1995 78. Health Services (Conciliation and Review) Act 1995 amended 36 79. Section 20 amended 36 Part 28 -- Hospital Fund Act 1930 80. Hospital Fund Act 1930 amended 37 81. Section 2 amended 37 82. Section 11 repealed 37 Part 29 -- Housing Act 1980 83. Housing Act 1980 amended 38 84. Section 5 amended 38 85. Section 31 amended 38 Part 30 -- Housing Loan Guarantee Act 1957 86. Housing Loan Guarantee Act 1957 amended 39 87. Schedule amended 39 Part 31 -- Industrial Relations Act 1979 88. Industrial Relations Act 1979 amended 40 89. Section 20 amended 40 90. Section 97WY amended 40 Part 32 -- Inheritance (Family and Dependants Provision) Act 1972 91. Inheritance (Family and Dependants Provision) Act 1972 amended 41 92. Section 4 amended 41 Part 33 -- Judges' Salaries and Pensions Act 1950 93. Judges' Salaries and Pensions Act 1950 amended 42 94. Section 2 amended 42 95. Section 7 amended 42 page v

Acts Amendment (Equality of Status) Bill 2002 Contents 96. Section 8A amended 43 97. Section 8B amended 43 98. Section 14 amended 44 99. Second Schedule amended 44 Part 34 -- Land Tax Assessment Act 2002 100. Land Tax Assessment Act 2002 amended 48 101. Section 21 amended 48 Part 35 -- Life Assurance Companies Act 1889 102. Life Assurance Companies Act 1889 amended 49 103. Section 70 amended 49 Part 36 -- Liquor Licensing Act 1988 104. Liquor Licensing Act 1988 amended 50 105. Section 3 amended 50 106. Section 125 amended 50 Part 37 -- Local Courts Act 1904 107. Local Courts Act 1904 amended 51 108. Section 126 amended 51 Part 38 -- Local Government Act 1995 109. Local Government Act 1995 amended 52 110. Section 5.62 amended 52 111. Section 5.63 amended 52 112. Section 5.64 repealed 52 113. Section 5.74 amended 52 114. Section 9.44 amended 53 Part 39 -- Married Women's Property Act 1892 and related amendments 115. Married Women's Property Act 1892 and Married Women's Property Act 1895 repealed 54 116. Law Reform (Miscellaneous Provisions) Act 1941 amended 54 117. Companies (Co-operative) Act 1943 amended 55 118. The Criminal Code amended 55 page vi

Acts Amendment (Equality of Status) Bill 2002 Contents 119. Hospitals and Health Services Act 1927 amended 55 120. Limitation Act 1935 amended 56 121. Local Courts Act 1904 amended 56 122. Motor Vehicle (Third Party Insurance) Act 1943 amended 56 123. Newspaper Libel and Registration Act 1884 amended 57 124. Parliament (Qualification of Women) Act 1920 repealed 57 125. Property Law Act 1969 amended and transitional provision 57 126. Restraint of Debtors Act 1984 amended 58 127. Supreme Court Act 1935 amended 58 128. Town Allotments (Boundaries) Act 1844 amended 58 129. Transfer of Land Act 1893 amended 58 130. Trustee Ordinance 1854 amended 60 Part 40 -- Medical Act 1894 131. Medical Act 1894 amended 61 132. Section 21B amended 61 Part 41 -- Members of Parliament (Financial Interests) Act 1992 133. Members of Parliament (Financial Interests) Act 1992 amended 62 134. Section 3 amended 62 Part 42 -- Mental Health Act 1996 135. Mental Health Act 1996 amended 63 136. Section 3 amended 63 137. Section 193 amended 63 138. Schedule 3 amended 63 Part 43 -- Mine Workers' Relief Act 1932 139. Mine Workers' Relief Act 1932 amended 64 140. Schedule 2 amended 64 141. Schedule 3 amended 65 page vii

Acts Amendment (Equality of Status) Bill 2002 Contents Part 44 -- Mine Workers' Relief (Payments Authorisation) Act 1940 142. The Mine Workers' Relief (Payments Authorisation) Act 1940 repealed 68 Part 45 -- Minimum Conditions of Employment Act 1993 143. Minimum Conditions of Employment Act 1993 amended 69 144. Section 3 amended 69 145. Section 20A amended 69 146. Section 27 amended 69 147. Section 32 amended 69 148. Section 33 amended 70 149. Section 34 amended 70 150. References to "de facto partner" inserted 70 Part 46 -- Mining Act 1978 151. Mining Act 1978 amended 71 152. Section 8 amended 71 Part 47 -- The Partnership Act 1895 153. The Partnership Act 1895 amended 72 154. Section 8 amended 72 Part 48 -- Police Act 1892 155. Police Act 1892 amended 73 156. Section 27 repealed 73 157. Section 66 amended 73 158. Section 138 amended 73 Part 49 -- Property Law Act 1969 159. Property Law Act 1969 amended 74 160. Section 31A amended 74 161. Section 102 amended 74 162. Section 105 amended 74 163. Section 108 amended 74 164. Section 115 amended 75 page viii

Acts Amendment (Equality of Status) Bill 2002 Contents Part 50 -- Rates and Charges (Rebates and Deferments) Act 1992 165. Rates and Charges (Rebates and Deferments) Act 1992 amended 76 166. Section 3 amended 76 167. Section 4 repealed 76 168. Section 27 amended 76 169. Section 28 amended 77 170. Section 31 amended 77 171. Section 43 amended 77 172. Section 44 amended 77 173. Section 45 amended 77 Part 51 -- Real Estate and Business Agents Act 1978 174. Real Estate and Business Agents Act 1978 amended 78 175. Section 72 amended 78 176. Section 117(5) amended 78 177. The Schedule amended 78 Part 52 -- Retirement Villages Act 1992 178. Retirement Villages Act 1992 amended 80 179. Section 3 amended 80 Part 53 -- Settlement Agents Act 1981 180. Settlement Agents Act 1981 amended 81 181. Section 53 amended 81 182. Section 95(5) amended 81 183. Schedule 1 amended 81 Part 54 -- Solicitor-General Act 1969 184. Solicitor-General Act 1969 amended 83 185. Section 11 amended 83 Part 55 -- Stamp Act 1921 186. Stamp Act 1921 amended 84 187. Section 4 amended 84 188. Section 63AB amended 85 189. Section 75AB amended 85 190. Section 75C amended 86 page ix

Acts Amendment (Equality of Status) Bill 2002 Contents 191. Section 75D amended 86 192. Section 76 amended 87 193. Section 112Q amended 88 Part 56 -- Strata Titles Act 1985 194. Strata Titles Act 1985 amended 89 195. Section 6A amended 89 196. Section 50A amended 89 Part 57 -- Supreme Court Act 1935 197. Supreme Court Act 1935 amended 90 198. Section 11B amended 90 199. Section 118 amended 90 200. Section 141 amended 90 Part 58 -- Trustees Act 1962 201. Trustees Act 1962 amended 91 202. Section 61 amended 91 Part 59 -- Water Corporation Act 1995 203. Water Corporation Act 1995 amended 92 204. Schedule 2 amended 92 Part 60 -- Western Australian Aged Sailors, Soldiers and Airmen's Relief Fund Act 1932 205. Western Australian Aged Sailors, Soldiers and Airmen's Relief Fund Act 1932 amended 93 206. Section 5 amended 93 Part 61 -- Western Australian Land Authority Act 1992 207. Western Australian Land Authority Act 1992 amended 94 208. Schedule 1 amended 94 Part 62 -- Wills Act 1970 209. Wills Act 1970 amended 95 210. Section 12 amended 95 211. Section 13 repealed and application provision 95 212. Section 31 amended 95 page x

Acts Amendment (Equality of Status) Bill 2002 Contents Part 63 -- Workers' Compensation and Rehabilitation Act 1981 213. Workers' Compensation and Rehabilitation Act 1981 amended 97 214. Section 5 amended 97 215. Schedule 1 amended 98 216. Schedule 5 amended 99 Part 64 -- Power to amend certain regulations and rules 217. Power to amend certain regulations and rules 101 page xi

Western Australia LEGISLATIVE ASSEMBLY (As amended in Committee) Acts Amendment (Equality of Status) Bill 2002 A Bill for An Act to -- � amend various Acts in order to provide for the further reform of the law relating to de facto relationships; and � repeal the Married Women's Property Act 1892 and amend various Acts as a consequence of that repeal, and for related purposes. The Parliament of Western Australia enacts as follows: page 1

Acts Amendment (Equality of Status) Bill 2002 Part 1 Preliminary s. 1 Part 1 -- Preliminary 1. Short title This Act may be cited as the Acts Amendment (Equality of Status) Act 2002. 5 2. Commencement (1) This Act comes into operation on a day fixed by proclamation. (2) Different days may be fixed under subsection (1) for different provisions. page 2

Acts Amendment (Equality of Status) Bill 2002 Anatomy Act 1930 Part 2 s. 3 Part 2 -- Anatomy Act 1930 3. Anatomy Act 1930 amended The amendments in this Part are to the Anatomy Act 1930*. [* Reprinted as at 22 February 2002.] 5 4. Section 2 amended Section 2 is amended after the definition of "practice licence" by deleting the full stop and inserting instead a semicolon and the following definition -- " 10 "senior next of kin", in relation to a deceased person, means the first person who is available from the following persons in the order of priority listed -- (a) a person who, immediately before the death, was living with the person and was either -- 15 (i) the spouse of the person; or (ii) a de facto partner, who is of or over the age of 18 years, of the person; (b) a person who, immediately before the death, was the spouse of the person; 20 (c) a son or a daughter, who is of or over the age of 18 years, of the person; (d) a parent of the person; (e) a brother or sister, who is of or over the age of 18 years, of the person; or 25 (f) an executor named in the will of the person or a person who, immediately before the death, was a personal representative of the person. ". page 3

Acts Amendment (Equality of Status) Bill 2002 Part 2 Anatomy Act 1930 s. 5 5. Section 8 amended Section 8 is amended by deleting "surviving husband or wife or any known relative" and inserting instead -- " senior next of kin ". 5 6. Section 9 amended Section 9 is amended by deleting "surviving husband or wife or any known relative" and inserting instead -- " senior next of kin ". 7. Section 10 amended 10 Section 10 is amended by deleting "deceased person's surviving husband or wife or nearest known relative, or any one or more of such person's nearest known relatives being of kin in the same degree," and inserting instead -- " senior next of kin of the deceased person ". 15 8. Section 10A amended Section 10A(1) is amended by deleting "any surviving husband or wife or any known relative" and inserting instead -- " the senior next of kin ". 9. Section 11 amended 20 Section 11 is amended by deleting "any surviving husband or wife, or any relative known to the authority," and inserting instead -- " the senior next of kin ". 10. Section 16 amended 25 Section 16 is amended by deleting "any surviving husband or wife or any known relative" and inserting instead -- " the senior next of kin ". page 4

Acts Amendment (Equality of Status) Bill 2002 Anzac Day Act 1960 Part 3 s. 11 Part 3 -- Anzac Day Act 1960 11. Anzac Day Act 1960 amended The amendments in this Part are to the Anzac Day Act 1960*. [* Reprinted as at 24 May 2002.] 5 12. Section 3 amended Section 3 is amended by inserting in the appropriate alphabetical position the following definition -- " "dependant", in relation to a deceased person, 10 includes a person who, immediately before the death of the person, was a spouse, de facto partner or child of the person; ". 13. Section 10 amended 15 Section 10(3) is amended by deleting "widows and children of deceased ex-servicemen" and inserting instead -- " dependants of deceased ex-servicemen or deceased ex-servicewomen 20 ". page 5

Acts Amendment (Equality of Status) Bill 2002 Part 4 Bush Fires Act 1954 s. 14 Part 4 -- Bush Fires Act 1954 14. Bush Fires Act 1954 amended The amendments in this Part are to the Bush Fires Act 1954*. [* Reprinted as at 20 January 1997. 5 For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 41.] 15. Section 37 amended (1) Section 37(8)(a) is amended after paragraph (a) by deleting "or" and inserting -- 10 " (aa) to a person who was living in a de facto relationship with the volunteer fire fighter immediately before the death of the fire fighter and lived on that basis with the fire fighter for 15 at least 2 years before the death of the fire fighter irrespective of dependency upon the fire fighter; or ". (2) After section 37(8) the following subsection is inserted -- 20 " (8a) If the amount referred to in subsection (2) and the additional amount referred to in subsection (5) are payable to more than one person then those amounts are to be apportioned between those persons in 25 accordance with the regulations. ". page 6

Acts Amendment (Equality of Status) Bill 2002 Commercial Tenancy (Retail Shops) Agreements Act 1985 Part 5 s. 16 Part 5 -- Commercial Tenancy (Retail Shops) Agreements Act 1985 16. Commercial Tenancy (Retail Shops) Agreements Act 1985 amended 5 The amendments in this Part are to the Commercial Tenancy (Retail Shops) Agreements Act 1985*. [* Reprinted as at 21 July 2000. For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 56.] 10 17. Section 13A amended Section 13A(4) is amended as follows: (a) in paragraph (a) by inserting after "spouse" -- " or de facto partner "; (b) in paragraph (c)(iv) by inserting after "spouse" -- 15 " or de facto partner ". page 7

Acts Amendment (Equality of Status) Bill 2002 Part 6 Companies (Co-operative) Act 1943 s. 18 Part 6 -- Companies (Co-operative) Act 1943 18. Companies (Co-operative) Act 1943 amended The amendments in this Part are to the Companies (Co-operative) Act 1943*. 5 [* Reprinted as at 14 January 2000. For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 60 and Gazette 28 June 2002 p. 3052-4.] 19. Section 152 amended 10 Section 152(2)(b) is amended by inserting after "husband" -- " , de facto partner ". 20. Section 187 amended Section 187(3) is amended as follows: (a) by deleting "husband of a female contributory is 15 himself " and inserting instead -- " spouse or de facto partner of a contributory is himself or herself "; 20 (b) by deleting "wife" in the first place where it occurs and inserting instead -- " spouse or de facto partner "; (c) by deleting "wife or for the husband" and inserting instead -- 25 " person or the person's spouse or de facto partner "; (d) by deleting "husband" and inserting instead -- " person ". page 8

Acts Amendment (Equality of Status) Bill 2002 Companies (Co-operative) Act 1943 Part 6 s. 21 21. Section 421 amended Section 421(2) is amended in the definition of "employee" by inserting after "wife" -- " , husband, de facto partner ". page 9

Acts Amendment (Equality of Status) Bill 2002 Part 7 Construction Industry Portable Paid Long Service Leave Act 1985 s. 22 Part 7 -- Construction Industry Portable Paid Long Service Leave Act 1985 22. Construction Industry Portable Paid Long Service Leave Act 1985 amended 5 The amendments in this Part are to the Construction Industry Portable Paid Long Service Leave Act 1985*. [* Reprinted as at 5 March 1999. For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 73.] 10 23. Section 22 amended Section 22(2) is amended as follows: (a) by deleting "the widow or widower of the employee, or such other person as the Board thinks fit, is entitled,"; (b) by deleting "to a lump sum" and inserting instead -- 15 " a lump sum "; (c) by deleting "years." and inserting instead -- " years, shall be paid, as the Board thinks fit, to -- 20 (c) any person who was the spouse or de facto partner of the employee immediately before the death of the employee and who, in the opinion of the Board, was financially dependent on that employee at that time; or 25 (d) the estate of the deceased employee. ". page 10

Acts Amendment (Equality of Status) Bill 2002 Co-operative and Provident Societies Act 1903 Part 8 s. 24 Part 8 -- Co-operative and Provident Societies Act 1903 24. Co-operative and Provident Societies Act 1903 amended The amendments in this Part are to the Co-operative and Provident Societies Act 1903*. 5 [* Reprinted as at 7 September 2001.] 25. Section 18 amended Section 18(1) is amended by deleting "father, mother" and inserting instead -- " de facto partner, parent ". page 11

Acts Amendment (Equality of Status) Bill 2002 Part 9 Coroners Act 1996 s. 26 Part 9 -- Coroners Act 1996 26. Coroners Act 1996 amended The amendments in this Part are to the Coroners Act 1996*. [* Reprinted as at 3 August 2001. 5 For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 77.] 27. Section 37 amended Section 37(5)(a) and (b) are deleted and the following paragraphs are inserted instead -- 10 " (a) a person who, immediately before the death, was living as -- (i) the spouse of the person; or (ii) a de facto partner of the person, and 15 who is of or over the age of 18 years; (b) a person who, immediately before the death, was the spouse of the person; ". page 12

Acts Amendment (Equality of Status) Bill 2002 Country Housing Act 1998 Part 10 s. 28 Part 10 -- Country Housing Act 1998 28. Country Housing Act 1998 amended The amendments in this Part are to the Country Housing Act 1998*. 5 [* Act No. 4 of 1998. For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 81.] 29. Section 3 amended Section 3 is amended in the definition of "family member" by 10 deleting "de facto spouse" and inserting instead -- " de facto partner ". page 13

Acts Amendment (Equality of Status) Bill 2002 Part 11 Credit Act 1984 s. 30 Part 11 -- Credit Act 1984 30. Credit Act 1984 amended The amendments in this Part are to the Credit Act 1984*. [* Reprinted as at 6 April 2001. 5 For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 83.] 31. Section 5 amended Section 5(1) is amended as follows: (a) in paragraph (a) of the definition of "commission 10 charge" by inserting after "spouse" -- " or de facto partner "; (b) in paragraph (a) of the definition of "guarantor" by inserting after "spouse" in both places where it occurs -- 15 " or de facto partner ". page 14

Acts Amendment (Equality of Status) Bill 2002 The Criminal Code Part 12 s. 32 Part 12 -- The Criminal Code 32. The Criminal Code amended The amendments in this Part are to The Criminal Code*. [* Reprinted as at 9 February 2001 as the Schedule to the 5 Criminal Code Act 1913 appearing as Appendix B to the Criminal Code Compilation Act 1913. For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 89 and Acts Nos. 3, 6 and 8 of 2002.] 10 33. Section 531 amended (1) Section 531(1) is amended by inserting after "wife," -- " de facto partner, ". (2) Section 531(2) is amended by inserting after "wife," -- " de facto partner, ". 15 34. Section 684 amended (1) Section 684(2) is amended by deleting "his" and inserting instead -- " the prisoner's ". (2) Section 684(3)(b) is amended as follows: 20 (a) by deleting "wife" in both places where it occurs and inserting instead -- " spouse, de facto partner "; (b) by deleting "him for support or for the benefit of the prisoner himself if and while he" and inserting 25 instead -- " the prisoner for support, or for the benefit of the prisoner if and while the prisoner ". page 15

Acts Amendment (Equality of Status) Bill 2002 Part 12 The Criminal Code s. 34 (3) Section 684(5) is amended by deleting "he" and inserting instead -- " the prisoner ". (4) Section 684(7) is amended by deleting "he" in both places 5 where it occurs and inserting instead -- " the prisoner ". page 16

Acts Amendment (Equality of Status) Bill 2002 Criminal Injuries Compensation Act 1985 Part 13 s. 35 Part 13 -- Criminal Injuries Compensation Act 1985 35. Criminal Injuries Compensation Act 1985 amended The amendments in this Part are to the Criminal Injuries Compensation Act 1985*. 5 [* Reprinted as at 12 February 1997. For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 90.] 36. Section 3 amended (1) Section 3(1) is amended in the definition of "close relative" as 10 follows: (a) by deleting paragraph (b) and inserting instead -- " (b) any person who was the parent, grandparent or step-parent of the deceased; 15 "; (b) by deleting paragraph (d) and inserting instead -- " (d) a person who, immediately before the death, was living in a de facto relationship with the 20 deceased person and had been living on that basis with that person for at least the previous 2 years; ". (2) Section 3(2)(b) is amended by deleting "mother and reputed 25 father" and inserting instead -- " parents ". (3) Section 3(3) is amended as follows: (a) by deleting "father" in each place where it occurs and inserting instead -- 30 " parent "; page 17

Acts Amendment (Equality of Status) Bill 2002 Part 13 Criminal Injuries Compensation Act 1985 s. 36 (b) by inserting after "his" in the first place where it occurs -- " or her "; (c) by deleting "his" in the second place where it occurs and 5 inserting instead -- " the parent's "; (d) by deleting "paternity" in both places where it occurs and inserting instead -- " parentage ". 10 (4) After section 3(3) the following subsection is inserted -- " (3a) Subsection (3) does not apply to or in respect of a relationship established by the Artificial Conception Act 1985. 15 ". page 18

Acts Amendment (Equality of Status) Bill 2002 Criminal Investigation (Identifying People) Act 2002 Part 14 s. 37 Part 14 -- Criminal Investigation (Identifying People) Act 2002 37. Criminal Investigation (Identifying People) Act 2002 amended 5 The amendment in this Part is to the Criminal Investigation (Identifying People) Act 2002*. [* Act No. 6 of 2002.] 38. Section 3 amended Section 3(1) is amended in paragraph (a) of the second 10 definition of "responsible person" by inserting after "spouse" -- " or de facto partner ". page 19

Acts Amendment (Equality of Status) Bill 2002 Part 15 Criminal Property Confiscation Act 2000 s. 39 Part 15 -- Criminal Property Confiscation Act 2000 39. Criminal Property Confiscation Act 2000 amended The amendments in this Part are to the Criminal Property Confiscation Act 2000*. 5 [* Act No. 68 of 2000. For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 91.] 40. Section 22 amended Section 22(2)(b) is amended by inserting after "spouse" -- 10 " , a de facto partner ". 41. Section 82 amended Section 82(3)(a) is amended by inserting after "spouse" -- " , a de facto partner ". 42. Glossary amended 15 The Glossary is amended as follows: (a) by deleting the definition of "spouse"; (b) in the definition of "valuable consideration" by deleting "legal or de facto spouse" in both places where it occurs and inserting instead the following -- 20 " spouse or de facto partner ". page 20

Acts Amendment (Equality of Status) Bill 2002 Curtin University of Technology Act 1966 Part 16 s. 43 Part 16 -- Curtin University of Technology Act 1966 43. Curtin University of Technology Act 1966 amended The amendments in this Part are to the Curtin University of Technology Act 1966*. 5 [* Reprinted as at 28 July 1999. For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 93.] 44. Section 34 amended Section 34(1b)(b) is amended as follows: 10 (a) by deleting subparagraph (ii); (b) in subparagraph (iv) by deleting "his estate, unless he is survived by a widow legally dependent on him, or other person legally so dependent who is approved by the Council for the purpose;" and inserting instead -- 15 " that person's estate; ". page 21

Acts Amendment (Equality of Status) Bill 2002 Part 17 District Court of Western Australia Act 1969 s. 45 Part 17 -- District Court of Western Australia Act 1969 45. District Court of Western Australia Act 1969 amended The amendments in this Part are to the District Court of Western Australia Act 1969*. 5 [* Reprinted as at 19 January 2001. For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 103.] 46. Section 14 amended Section 14(1) is amended as follows: 10 (a) by deleting "his widow and children after his" and inserting instead -- " a surviving spouse, de facto partner or child of a District Court Judge after the Judges' 15 "; (b) by deleting "his widow and children" and inserting instead -- " a surviving spouse, de facto partner or child of a 20 Supreme Court Judge ". page 22

Acts Amendment (Equality of Status) Bill 2002 Electricity Corporation Act 1994 Part 18 s. 47 Part 18 -- Electricity Corporation Act 1994 47. Electricity Corporation Act 1994 amended The amendments in this Part are to the Electricity Corporation Act 1994*. 5 [* Reprinted as at 4 January 2000. For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 113 and Act No. 20 of 2002.] 48. Schedule 2 amended Schedule 2 clause 14(1) is amended as follows: 10 (a) in paragraph (a) -- (i) by inserting after "spouse" in the first place where it occurs -- " or de facto partner "; and (ii) by inserting after "spouse" in the second place 15 where it occurs -- " or de facto partner of a director "; (b) in paragraph (b) -- (i) by inserting after "spouse" in the first place where it occurs -- 20 " or de facto partner "; and (ii) by inserting after "spouse" in the second place where it occurs -- " or de facto partner of a director ". page 23

Acts Amendment (Equality of Status) Bill 2002 Part 19 Family Court Act 1997 s. 49 Part 19 -- Family Court Act 1997 49. Family Court Act amended The amendments in this Part are to the Family Court Act 1997*. [* Act No. 40 of 1997. 5 For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 124 and Act No. 3 of 2002.] 50. Section 5 amended and validation (1) Section 5 is amended by deleting the definition of "de facto relationship". 10 (2) In subsection (3) -- "relevant action" means anything done under the Family Court Act 1997 -- (a) after the commencement of the Family Court Amendment Act 2002; but 15 (b) before the commencement of this section. (3) It is declared that by force of this section -- (a) any relevant action is and has always been as valid and effective as it would have been; and (b) the rights and liabilities of all persons are and have 20 always been the same as they would have been, if subsection (1) had come into operation on the day on which the Family Court Amendment Act 2002 came into operation. 51. Section 19 amended Section 19 is amended as follows: 25 (a) in paragraph (b) by deleting "widow or widower and" and inserting instead -- " surviving spouse, de facto partner or "; page 24

Acts Amendment (Equality of Status) Bill 2002 Family Court Act 1997 Part 19 s. 52 (b) by deleting "widow or widower and" and inserting instead -- " surviving spouse, de facto partner or ". 52. Section 24 amended 5 Section 24(b) is amended by deleting "widow or widower and" in each place where it occurs and inserting instead -- " surviving spouse, de facto partner or ". page 25

Acts Amendment (Equality of Status) Bill 2002 Part 20 Fatal Accidents Act 1959 s. 53 Part 20 -- Fatal Accidents Act 1959 53. Fatal Accidents Act 1959 amended The amendments in this Part are to the Fatal Accidents Act 1959*. 5 [* Reprinted as approved 13 April 1976. For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 125.] 54. Section 3 amended Section 3(2)(b) is amended by deleting "mother and reputed 10 father" and inserting instead -- " parents ". 55. Section 5 amended Section 5(2)(c)(v) is amended by deleting "pensions to widows;" and inserting instead -- 15 " a pension to the spouse or a de facto partner of the deceased, ". 56. Section 6 amended 20 (1) Section 6(3) is amended as follows: (a) by deleting "father" in each place where it occurs and inserting instead -- " parent "; (b) by deleting "paternity" in both places where it occurs 25 and inserting instead -- " parentage "; (c) by inserting after "his" in both places where it occurs -- " or her ". page 26

Acts Amendment (Equality of Status) Bill 2002 Fatal Accidents Act 1959 Part 20 s. 57 (2) After section 6(3) the following subsection is inserted -- " (3a) Subsection (3) does not apply to or in respect of a relationship established by the Artificial Conception 5 Act 1985. ". 57. Schedule 2 amended Schedule 2 is amended as follows: (a) by deleting paragraph (a) and inserting instead -- 10 " (a) a person who immediately before the deceased's death was -- (i) the spouse of the deceased; or (ii) a de facto partner of the deceased who was 15 living in a de facto relationship with the deceased and had been living on that basis with the deceased for at least 2 years immediately before the deceased died; "; 20 (b) in paragraph (b) by deleting "father, mother, grandfather, grandmother, stepfather or stepmother" and inserting instead -- " parent, grandparent or step parent "; (c) by deleting paragraphs (g) and (h) and inserting 25 instead -- " and (g) any person who was a former spouse or former de facto partner of the deceased person whom the 30 deceased was legally obliged, immediately before his or her death, to make provision for with respect to financial matters. ". page 27

Acts Amendment (Equality of Status) Bill 2002 Part 21 Firearms Act 1973 s. 58 Part 21 -- Firearms Act 1973 58. Firearms Act 1973 amended The amendments in this Part are to the Firearms Act 1973*. [* Reprinted as at 11 August 2000. 5 For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 139.] 59. Section 8 amended Section 8(2) is amended in paragraphs (a), (b) and (c) of the definition of "family member" by deleting "de facto spouse" in 10 each place where it occurs and inserting instead -- " de facto partner ". page 28

Acts Amendment (Equality of Status) Bill 2002 First Home Owner Grant Act 2000 Part 22 s. 60 Part 22 -- First Home Owner Grant Act 2000 60. First Home Owner Grant Act 2000 amended The amendments in this Part are to the First Home Owner Grant Act 2000*. 5 [* Act No. 16 of 2000. For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 139.] 61. Section 3 amended Section 3(1) is amended as follows: 10 (a) by inserting in the appropriate alphabetical position the following definition -- " "de facto partner", in relation to an applicant for a first home owner grant, means a person who, on 15 the commencement date of the eligible transaction to which the application relates, is living in a de facto relationship with the applicant and has lived on that basis with the applicant for at least 2 years; 20 "; (b) in the definition of "spouse" by deleting "given" and inserting instead -- " affected ". 62. Section 7 amended 25 (1) Section 7(1) is repealed and the following section is inserted instead -- " (1) A person is the "spouse" of an applicant for a first home owner grant if, on the commencement date of the 30 eligible transaction to which the application relates, the person is married to the applicant. ". page 29

Acts Amendment (Equality of Status) Bill 2002 Part 22 First Home Owner Grant Act 2000 s. 63 (2) Section 7(2) is amended by deleting "legally" in each place where it occurs. 63. Section 11 amended Section 11(1)(a) is amended by inserting after "spouse" -- 5 " or de facto partner ". 64. Section 12 amended (1) Section 12(1) is amended by inserting after "spouse" -- " or de facto partner ". (2) Section 12(3) is amended by inserting after "spouse" -- 10 " or de facto partner ". 65. Section 65 amended Section 65(7) is amended in the definition of "confidential information" by inserting after "spouse" -- " or de facto partner ". page 30

Acts Amendment (Equality of Status) Bill 2002 Freedom of Information Act 1992 Part 23 s. 66 Part 23 -- Freedom of Information Act 1992 66. Freedom of Information Act 1992 amended The amendment in this Part is to the Freedom of Information Act 1992*. 5 [* Reprinted as at 3 March 2000. For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 144 and Act No. 21 of 2002.] 67. Glossary amended The Glossary is amended in clause 1 by inserting in the 10 appropriate alphabetical position -- " "relative", in relation to a person, includes a de facto partner of a person; ". page 31

Acts Amendment (Equality of Status) Bill 2002 Part 24 Gold Corporation Act 1987 s. 68 Part 24 -- Gold Corporation Act 1987 68. Gold Corporation Act 1987 amended The amendments in this Part are to the Gold Corporation Act 1987*. 5 [* Reprinted as at 2 January 2001. For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 150.] 69. Schedule 1 amended Schedule 1 clause 5 is amended as follows: 10 (a) in subclause (1) by deleting "spouse" and inserting instead -- " spouse or de facto partner "; (b) by deleting subclause (2). page 32

Acts Amendment (Equality of Status) Bill 2002 Government Employees' Housing Act 1964 Part 25 s. 70 Part 25 -- Government Employees' Housing Act 1964 70. Government Employees' Housing Act 1964 amended The amendment in this Part is to the Government Employees' Housing Act 1964*. 5 [* Reprinted as at 8 December 2000. For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 151.] 71. Section 28 amended Section 28(1)(d) is amended by inserting after "spouse" -- 10 " or de facto partner ". page 33

Acts Amendment (Equality of Status) Bill 2002 Part 26 Health Act 1911 s. 72 Part 26 -- Health Act 1911 72. Health Act 1911 amended The amendments in this Part are to the Health Act 1911*. [* Reprinted as at 31 March 2000. 5 For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 163.] 73. Section 3 amended Section 3(1) is amended by inserting in the appropriate alphabetical position the following definition -- 10 " "relative", in relation to a person, includes a de facto partner of the person; ". 74. Section 147 amended 15 Section 147(2) is amended as follows: (a) by deleting "his widow or any member of his" and inserting instead -- " the widow or widower of the person, a person who was 20 a de facto partner of the person immediately before the death of the person, or any member of the person's "; (b) by deleting "his death" and inserting instead -- " the person's death ". 25 75. Section 159 amended Section 159 is amended by deleting "wife or husband" and inserting instead -- " spouse or de facto partner ". page 34

Acts Amendment (Equality of Status) Bill 2002 Health Act 1911 Part 26 s. 76 76. Section 168 amended Section 168(2) is amended in paragraph (a) in the second proviso by deleting "widow, husband" and inserting instead -- " spouse, de facto partner ". 5 77. Section 302 amended and consequential amendment (1) Section 302(1) is amended by deleting "and by such notice warn the patient against contracting any marriage until he is certified as cured,". (2) Section 302(2) and (3) are repealed. 10 (3) Schedule 5 is amended under the heading "Part II" by deleting "302(3),". page 35

Acts Amendment (Equality of Status) Bill 2002 Part 27 Health Services (Conciliation and Review) Act 1995 s. 78 Part 27 -- Health Services (Conciliation and Review) Act 1995 78. Health Services (Conciliation and Review) Act 1995 amended The amendment in this Part is to the Health Services 5 (Conciliation and Review) Act 1995*. [* Reprinted as at 1 June 2001.] 79. Section 20 amended After section 20(3) the following subsection is inserted -- " 10 (4) In subsection (3) -- "relative", in relation to a user, includes a de facto partner of the user. ". page 36

Acts Amendment (Equality of Status) Bill 2002 Hospital Fund Act 1930 Part 28 s. 80 Part 28 -- Hospital Fund Act 1930 80. Hospital Fund Act 1930 amended The amendments in this Part are to the Hospital Fund Act 1930*. 5 [* Reprint in Appendix to Session Volume 1937-1938. For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 167.] 81. Section 2 amended Section 2 is amended in the definition of "Dependant" by 10 deleting "wife" and inserting instead -- " spouse, de facto partner ". 82. Section 11 repealed Section 11 is repealed. page 37

Acts Amendment (Equality of Status) Bill 2002 Part 29 Housing Act 1980 s. 83 Part 29 -- Housing Act 1980 83. Housing Act 1980 amended The amendments in this Part are to the Housing Act 1980*. [* Reprinted as at 27 May 1999. 5 For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 169.] 84. Section 5 amended (1) Section 5(1)(a) is amended by deleting the definition of "spouse". 10 (2) Section 5(1)(c) is amended by inserting after "spouse" -- " , de facto partner ". 85. Section 31 amended Section 31(1) is amended by deleting "or deceased spouse" in both places where it occurs and inserting instead -- 15 " , de facto partner or deceased spouse or deceased de facto partner ". page 38

Acts Amendment (Equality of Status) Bill 2002 Housing Loan Guarantee Act 1957 Part 30 s. 86 Part 30 -- Housing Loan Guarantee Act 1957 86. Housing Loan Guarantee Act 1957 amended The amendments in this Part are to the Housing Loan Guarantee Act 1957*. 5 [* Reprinted as at 4 February 2000. For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 171.] 87. Schedule amended The Schedule is amended in each clause referred to in the Table 10 to this section by inserting after "spouse" -- " , or de facto partner, ". Table cl. 1(1)(a), 2(1)(a), (6)(b) and (c) and 3(1)(a) page 39

Acts Amendment (Equality of Status) Bill 2002 Part 31 Industrial Relations Act 1979 s. 88 Part 31 -- Industrial Relations Act 1979 88. Industrial Relations Act 1979 amended The amendments in this Part are to the Industrial Relations Act 1979*. 5 [* Reprinted as at 4 February 2000. For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 177 and Act No. 20 of 2002.] 89. Section 20 amended Section 20(12) is amended by deleting "the widow or widower 10 and children" in both places where it occurs and inserting instead -- " a surviving spouse, de facto partner or child ". 90. Section 97WY amended Section 97WY(1)(a) is amended by deleting "of the person with 15 a mental disability" and inserting instead -- " , or de facto partner, of the person with a mental disability and has reached 18 years of age 20 ". page 40

Acts Amendment (Equality of Status) Bill 2002 Inheritance (Family and Dependants Provision) Act 1972 Part 32 s. 91 Part 32 -- Inheritance (Family and Dependants Provision) Act 1972 91. Inheritance (Family and Dependants Provision) Act 1972 amended 5 The amendment in this Part is to the Inheritance (Family and Dependants Provision) Act 1972*. [* Act No. 57 of 1972. For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 178 and Act No. 3 of 2002.] 10 92. Section 4 amended After section 4(4) the following subsection is inserted -- " (4a) Subsection (4) does not apply to or in relation to a relationship established by the Artificial Conception 15 Act 1985. ". page 41

Acts Amendment (Equality of Status) Bill 2002 Part 33 Judges' Salaries and Pensions Act 1950 s. 93 Part 33 -- Judges' Salaries and Pensions Act 1950 93. Judges' Salaries and Pensions Act 1950 amended The amendments in this Part are to the Judges' Salaries and Pensions Act 1950*. 5 [* Reprinted as at 3 March 1994. For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 187.] 94. Section 2 amended Section 2(1) is amended by deleting the definition of 10 "Schedule" and inserting the following definition instead -- " "spouse or de facto partner", in relation to a Judge or former Judge who has died means -- (a) the widow or widower of the Judge or 15 former Judge; or (b) a person who, at the time of the death of the Judge or former Judge, was a de facto partner of the Judge or former Judge. ". 20 95. Section 7 amended (1) Section 7(1) is repealed and the following subsection is inserted instead -- " (1) The Second Schedule sets out the pensions and 25 allowances payable under this Act to and in respect of spouses, de facto partners and children of Judges and retired Judges. ". page 42

Acts Amendment (Equality of Status) Bill 2002 Judges' Salaries and Pensions Act 1950 Part 33 s. 96 (2) Section 7(3) is repealed and the following subsection is inserted instead -- " (3) A pension is not payable under this Act to a de facto 5 partner of a Judge or former Judge who died before the commencement of this subsection. ". 96. Section 8A amended Section 8A is amended as follows: 10 (a) by deleting "widow" in the first place where it occurs and inserting instead -- " spouse or de facto partner "; (b) by deleting paragraph (a) and inserting instead -- " 15 (a) a pension under this Act as the spouse or de facto partner of a Judge or retired Judge; "; (c) in paragraph (b) by deleting "her being a widow of a deceased" and inserting instead -- 20 " being the spouse or de facto partner of a ". 97. Section 8B amended (1) Section 8B(5) is repealed. (2) Section 8B(6) is amended as follows: (a) in paragraph (a) by deleting "his widow or in respect of 25 any eligible child of his" and inserting instead -- " the spouse or de facto partner of such a Judge or in respect of any eligible child of such a Judge 30 "; page 43

Acts Amendment (Equality of Status) Bill 2002 Part 33 Judges' Salaries and Pensions Act 1950 s. 98 (b) in paragraph (b) by deleting "widow or in respect of any eligible child of a Judge who dies prior to his retirement" and inserting instead -- " 5 spouse or de facto partner, or in respect of any eligible child, of a Judge who dies prior to retiring ". 98. Section 14 amended 10 Section 14 is amended by deleting "widow and" and inserting instead -- " spouse, de facto partner or ". 99. Second Schedule amended (1) Part 1 of the Second Schedule is repealed and the following Part 15 is inserted instead -- " Part 1 -- Pensions for spouses and de facto partners 1. Pension on death of Judge in office If a Judge dies and is survived by a spouse or de facto 20 partner, the spouse or de facto partner is entitled to a pension of an amount equal to -- (a) if the Judge died before 1 December 1987, 62.5% of the pension to which the Judge would have been entitled under section 6(2) if the Judge had retired 25 on the day the Judge dies; or (b) if the Judge died on or after 1 December 1987, 37.5% of current judicial salary. page 44

Acts Amendment (Equality of Status) Bill 2002 Judges' Salaries and Pensions Act 1950 Part 33 s. 99 2. Pension on death of retired Judge If a former Judge dies after retiring and is survived by a spouse or de facto partner, the spouse or de facto partner is entitled to a pension of an amount equal to -- 5 (a) if the former Judge retired before 1 December 1987, 62.5% of the pension which the former Judge was receiving before death; or (b) if the former Judge retired on or after 1 December 1987, 62.5% of the pension which 10 would have been payable to the former Judge if the former Judge had not died. 3. Payment of pension (1) Subject to subclause (2), a pension under this Part is payable from the day after the Judge died. 15 (2) If a person entitled to a pension under clause 2 -- (a) was not the former Judge's spouse or de facto partner when the former Judge retired; and (b) has not attained the age of 55 years on the day the former Judge died, 20 the pension is payable from -- (c) the day on which the person attains the age of 55 years; or (d) such earlier day as the Minister considers appropriate in the circumstances. 25 (3) A pension under this Part is payable until the death of the person to whom it is payable. ". (2) The Second Schedule Part II Division A is amended as follows: (a) in item 2(1)(a) by deleting "his death a" and inserting 30 instead -- " his or her death a widow or "; page 45

Acts Amendment (Equality of Status) Bill 2002 Part 33 Judges' Salaries and Pensions Act 1950 s. 99 (b) in item 2(1)(b) by inserting after "widow" in both places where it occurs -- " or widower "; (c) in item 2(2)(b) -- 5 (i) by inserting after "widow" in both places where it occurs -- " or widower "; and (ii) by inserting after "her" -- " or his ". 10 (3) The Second Schedule Part II Division B is amended as follows: (a) in the definition of "eligible child" by deleting "widow or other"; (b) in the definition of "relevant pension" by deleting "him if he had" and inserting instead -- 15 " the Judge had the Judge "; (c) in item 1(1) by deleting "widow" in both places where it occurs and inserting instead -- " spouse or de facto partner "; (d) in item 2(1)(a) by deleting "widow" in both places 20 where it occurs and inserting instead -- " spouse or de facto partner "; (e) in item 2(1)(b) by deleting "widow" and inserting instead -- " spouse or de facto partner ". 25 (4) The Second Schedule Part III is amended by inserting after item 2 the following item -- " Item 3: If more than one person is entitled under Part 1 to a pension as the 30 spouse or de facto partner of a particular Judge or former Judge, then each of those persons are entitled only to a share of the pension that page 46

Acts Amendment (Equality of Status) Bill 2002 Judges' Salaries and Pensions Act 1950 Part 33 s. 99 would be payable if there was only one spouse or de facto partner, apportioned between them as is determined by the Minister. ". page 47

Acts Amendment (Equality of Status) Bill 2002 Part 34 Land Tax Assessment Act 2002 s. 100 Part 34 -- Land Tax Assessment Act 2002 100. Land Tax Assessment Act 2002 amended The amendments in this Part are to the Land Tax Assessment Act 2002*. 5 [* Act No. 52 of 2002.] 101. Section 21 amended Section 21(1) is amended as follows: (a) by deleting "or" and the end of paragraph (a); (b) by deleting the full stop at the end of paragraph (b) and 10 inserting instead -- " ; or (c) by persons who have lived in a de facto relationship with each other for at least 2 years, 15 whether or not they still live on that basis, at least one of whom uses it as his or her primary residence. ". page 48

Acts Amendment (Equality of Status) Bill 2002 Life Assurance Companies Act 1889 Part 35 s. 102 Part 35 -- Life Assurance Companies Act 1889 102. Life Assurance Companies Act 1889 amended The amendments in this Part are to the Life Assurance Companies Act 1889*. 5 [* Reprint in Volume 2 of Reprinted Acts. For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 209.] 103. Section 70 amended Section 70 is amended by deleting "his widow, or any adult 10 child of his, and the receipt of such widow or child" and inserting instead -- " any -- (a) person who was the spouse or de facto partner 15 of the holder of the policy immediately before the death of the holder; or (b) child who has attained the age of 18 years of the holder of the policy, and the receipt of any of those persons 20 ". page 49

Acts Amendment (Equality of Status) Bill 2002 Part 36 Liquor Licensing Act 1988 s. 104 Part 36 -- Liquor Licensing Act 1988 104. Liquor Licensing Act 1988 amended The amendments in this Part are to the Liquor Licensing Act 1988*. 5 [* Reprinted as at 23 February 2001. For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 211.] 105. Section 3 amended Section 3(1) is amended in the definition of "relative" by 10 deleting "person who, although not legally married to the licensee, ordinarily lives with the licensee on a permanent and domestic basis as the spouse" and inserting instead -- " de facto partner ". 106. Section 125 amended 15 (1) Section 125(1)(a)(ii) is amended by inserting after "spouse" -- " or de facto partner ". (2) Section 125(2)(b) is amended by inserting after "spouse" the following -- " , de facto partner ". 20 (3) Section 125(3) is repealed and the following subsection is inserted instead -- " (3) In this section -- "a member of the family", in relation to a person, 25 includes a de facto partner of the person. ". page 50

Acts Amendment (Equality of Status) Bill 2002 Local Courts Act 1904 Part 37 s. 107 Part 37 -- Local Courts Act 1904 107. Local Courts Act 1904 amended The amendments in this Part are to the Local Courts Act 1904*. [* Reprinted as at 12 January 2001. 5 For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 214.] 108. Section 126 amended Section 126 is amended by deleting "wife" and inserting instead -- 10 " spouse or de facto partner ". page 51

Acts Amendment (Equality of Status) Bill 2002 Part 38 Local Government Act 1995 s. 109 Part 38 -- Local Government Act 1995 109. Local Government Act 1995 amended The amendments in this Part are to the Local Government Act 1995*. 5 [* Reprinted as at 18 February 2000. For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 215.] 110. Section 5.62 amended Section 5.62(1) is amended as follows: 10 (a) in paragraph (e) by deleting "or a child of the relevant person" and inserting instead -- " , de facto partner or child of the relevant person "; (b) in paragraph (f) by inserting after "spouse" in both places where it occurs -- 15 " or de facto partner ". 111. Section 5.63 amended Section 5.63(1)(d)(ii) is amended by inserting after "spouse" in both places where it occurs -- " , de facto partner ". 20 112. Section 5.64 repealed Section 5.64 is repealed. 113. Section 5.74 amended (1) Section 5.74(1) is amended in the definition of "relative" as follows: 25 (a) in paragraph (a) by inserting after "spouse" -- " or de facto partner "; page 52

Acts Amendment (Equality of Status) Bill 2002 Local Government Act 1995 Part 38 s. 114 (b) in paragraph (b) by inserting after "spouse" in both places where it occurs -- " or de facto partner ". (2) Section 5.74(4) and (5) are repealed. 5 114. Section 9.44 amended (1) Section 9.44(1) is amended by inserting after "spouse" -- " or de facto partner ". (2) Section 9.44(2) is repealed. page 53

Acts Amendment (Equality of Status) Bill 2002 Part 39 Married Women's Property Act 1892 and related amendments s. 115 Part 39 -- Married Women's Property Act 1892 and related amendments 115. Married Women's Property Act 1892 and Married Women's Property Act 1895 repealed 5 (1) The Married Women's Property Act 1892 is repealed. (2) The Married Women's Property Act 1895 is repealed. 116. Law Reform (Miscellaneous Provisions) Act 1941 amended (1) The amendments in this section are to the Law Reform (Miscellaneous Provisions) Act 1941*. 10 [* Reprinted as at 12 July 2002.] (2) The long title is amended by deleting "the law relating to the liabilities of husbands" and inserting instead -- " and re-state the law relating to the legal capacity of spouses 15 ". (3) Sections 2 and 3 are repealed and the following sections are inserted instead -- " 2. Doctrine of unity of spouses abolished 20 The common law doctrine of unity of spouses is abolished. 3. Spousal capacity (1) A married person has a legal personality that is independent, separate and distinct from the legal 25 personality of the person's spouse. (2) A married person has the same legal capacity that the person would have if the person were unmarried. page 54

Acts Amendment (Equality of Status) Bill 2002 Married Women's Property Act 1892 and related amendments Part 39 s. 117 (3) This section applies to a married person whether the person married before or after the commencement of this section. ". 5 117. Companies (Co-operative) Act 1943 amended (1) The amendment in this section is to the Companies (Co-operative) Act 1943*. [* Reprinted as at 14 January 2000. For subsequent amendments see 2001 Index to Legislation of 10 Western Australia, Table 1, p. 60 and Gazette 28 June 2002 p. 3052-4.] (2) Section 183 is repealed. 118. The Criminal Code amended (1) The amendments in this section are to The Criminal Code*. 15 [* Reprinted as at 9 February 2001 as the Schedule to the Criminal Code Act 1913 appearing as Appendix B to the Criminal Code Compilation Act 1913. For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 89 and Acts Nos. 3, 6 and 8 of 20 2002.] (2) Section 32 is repealed. (3) Section 35 is repealed. (4) Section 377 is repealed. (5) Section 584(7) is repealed. 25 119. Hospitals and Health Services Act 1927 amended (1) The amendments in this section are to the Hospitals and Health Services Act 1927*. [* Reprinted as at 15 October 1999. For subsequent amendments see 2001 Index to Legislation of 30 Western Australia, Table 1, p. 168 and Act No. 17 of 2002.] page 55

Acts Amendment (Equality of Status) Bill 2002 Part 39 Married Women's Property Act 1892 and related amendments s. 120 (2) Section 33(2) is amended as follows: (a) by deleting "a married woman not living apart from her husband or"; (b) by deleting "the husband of the married woman, and". 5 120. Limitation Act 1935 amended (1) The amendments in this section are to the Limitation Act 1935*. [* Reprint approved 5 May 1983. For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 209-10.] 10 (2) Section 16 is amended by deleting "coverture (except in the case of a married woman entitled to make such entry or distress, or bring such action),". (3) Section 47(1)(b) is amended by deleting "shall run against a married woman entitled in possession to her separate use, 15 whether with or without a restraint upon anticipation; but". 121. Local Courts Act 1904 amended (1) The amendments in this section are to the Local Courts Act 1904*. [* Reprinted as at 12 January 2001. For subsequent amendments see 2001 Index to Legislation of 20 Western Australia, Table 1, p. 214.] (2) Section 48(b) is amended by deleting subparagraph (ii) and "or" after it. (3) Section 130(5) is repealed. 122. Motor Vehicle (Third Party Insurance) Act 1943 amended 25 (1) The amendments in this section are to the Motor Vehicle (Third Party Insurance) Act 1943*. [* Reprinted as at 20 November 1998.] For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 252 and Act No. 7 of 2002.] page 56

Acts Amendment (Equality of Status) Bill 2002 Married Women's Property Act 1892 and related amendments Part 39 s. 123 (2) Section 6A is repealed. (3) Section 8A is repealed. (4) Section 29A is amended by deleting "of section 6A(3),". 123. Newspaper Libel and Registration Act 1884 amended 5 (1) The amendment in this section is to The Newspaper Libel and Registration Act 1884*. [* Reprinted as at 15 December 1988.] (2) Section 7 is amended by deleting "coverture,". 124. Parliament (Qualification of Women) Act 1920 repealed 10 The Parliament (Qualification of Women) Act 1920 is repealed. 125. Property Law Act 1969 amended and transitional provision (1) The amendments in this section are to the Property Law Act 1969*. [* Reprinted as at 21 May 1999.] 15 (2) Section 31 is repealed. (3) A restriction upon anticipation or alienation attached to the enjoyment of any property by a woman which -- (a) at the time it was attached, could not have been attached to the enjoyment of that property by a man; and 20 (b) continued to have effect after the commencement of section 31 of the Property Law Act 1969, is of no effect. page 57

Acts Amendment (Equality of Status) Bill 2002 Part 39 Married Women's Property Act 1892 and related amendments s. 126 126. Restraint of Debtors Act 1984 amended (1) The amendment in this section is to the Restraint of Debtors Act 1984*. [* Act No. 73 of 1984. 5 For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 322.] (2) Section 4 is repealed. 127. Supreme Court Act 1935 amended (1) The amendments in this section are to the Supreme Court 10 Act 1935*. [* Reprinted as at 9 February 2001. For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 370.] (2) Section 175(1) is amended by deleting "; and to take the 15 acknowledgments of deeds executed by married women". (3) Section 175(3) is repealed. 128. Town Allotments (Boundaries) Act 1844 amended (1) The amendments in this section are to the Town Allotments (Boundaries) Act 1844*. 20 [* Reprinted as at 17 August 2001.] (2) Section 21 is amended by deleting "a feme covert," and inserting instead -- " an ". 129. Transfer of Land Act 1893 amended 25 (1) The amendments in this section are to the Transfer of Land Act 1893*. [* Reprinted as at 9 February 2001. For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 385.] page 58

Acts Amendment (Equality of Status) Bill 2002 Married Women's Property Act 1892 and related amendments Part 39 s. 129 (2) Section 3(1) is amended by deleting "This Act shall not be construed to limit abridge or extend any provisions of the Married Women's Property Act 1892.". (3) Section 84 is amended as follows: 5 (a) by deleting "to his wife; or if such proprietor be a married woman it shall be lawful for her to make such transfer to her husband; or it shall be lawful for such proprietor to make such transfer"; (b) by deleting "to create or execute any power of 10 appointment or disposition or to" and inserting instead -- " create or execute any power of appointment or disposition or 15 ". (4) Section 85 is amended by deleting "; and every instrument acknowledged within Western Australia by any woman appearing by the Register to be married (whether a sole proprietor or not) and certified under the hand of the Registrar 20 or of some Assistant Registrar or Commissioner for taking affidavits in the Supreme Court of Western Australia in the form in the Tenth Schedule and every instrument acknowledged out of Western Australia by any woman appearing by the Register to be married (whether a sole proprietor or not) and 25 certified under the hand of a Commissioner for taking affidavits in the Supreme Court of Western Australia in the form in the said schedule shall when such instrument has been registered be as valid and effectual to all intents and purposes as a deed duly executed and acknowledged or an instrument duly signed and 30 acknowledged by her would have been under any law heretofore or now in force in Western Australia or as any other form of document would have been either at law or in equity; and such certificate shall be deemed and received as sufficient evidence of the due signature and acknowledgment by her of the 35 instrument therein referred to. Provided always that a married page 59

Acts Amendment (Equality of Status) Bill 2002 Part 39 Married Women's Property Act 1892 and related amendments s. 130 woman entitled to her separate use and not restrained from anticipation or having a power of appointment shall for the purposes of this Act be deemed a feme sole". (5) Section 188(iii) is amended by deleting "coverture". 5 (6) The Tenth Schedule is repealed. 130. Trustee Ordinance 1854 amended (1) The amendment in this section is to the Trustee Ordinance 1854*. [* 17 Vict., No. 10 of 1854. 10 For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 389.] (2) Section 2 is amended in the definition of "convey" and "conveyance" by deleting "married woman and". page 60

Acts Amendment (Equality of Status) Bill 2002 Medical Act 1894 Part 40 s. 131 Part 40 -- Medical Act 1894 131. Medical Act 1894 amended The amendment in this Part is to the Medical Act 1894. [* Reprinted as at 25 February 2000. 5 For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 230.] 132. Section 21B amended After section 21B(3) the following subsection is inserted -- " 10 (4) In subsection (1) -- "relative", in relation to a patient, includes a de facto partner of the patient. ". page 61

Acts Amendment (Equality of Status) Bill 2002 Part 41 Members of Parliament (Financial Interests) Act 1992 s. 133 Part 41 -- Members of Parliament (Financial Interests) Act 1992 133. Members of Parliament (Financial Interests) Act 1992 amended 5 The amendments in this Part are to the Members of Parliament (Financial Interests) Act 1992*. [* Act No. 44 of 1992. For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 231 and Act No. 3 of 2002.] 10 134. Section 3 amended Section 3(5) is amended by deleting "with the Member or relative as a de facto spouse if either -- " and paragraphs (a) and (b) and inserting instead -- " 15 as a de facto partner of the Member or relative and has been so living during the whole of the 2 years immediately preceding that time ". page 62

Acts Amendment (Equality of Status) Bill 2002 Mental Health Act 1996 Part 42 s. 135 Part 42 -- Mental Health Act 1996 135. Mental Health Act 1996 amended The amendments in this Part are to the Mental Health Act 1996*. 5 [* Act No. 68 of 1996. For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 231.] 136. Section 3 amended Section 3 is amended as follows: 10 (a) in the definition of "relative" by inserting after "spouse," -- " de facto partner, "; (b) by deleting the definition of "spouse". 137. Section 193 amended 15 Section 193 is amended in the definition of "related person" by inserting after "spouse" in paragraphs (b), (c) and (d) -- " , de facto partner ". 138. Schedule 3 amended Schedule 3 clause 2 is amended as follows: 20 (a) in paragraph (f) by deleting "or a child of the official visitor and is living with the official visitor" and inserting instead -- " , de facto partner or child of the official visitor "; (b) in paragraph (g) by deleting "if the spouse is living with 25 the official visitor" and inserting instead -- " or de facto partner ". page 63

Acts Amendment (Equality of Status) Bill 2002 Part 43 Mine Workers' Relief Act 1932 s. 139 Part 43 -- Mine Workers' Relief Act 1932 139. Mine Workers' Relief Act 1932 amended The amendments in this Part are to the Mine Workers' Relief Act 1932*. 5 [* Reprinted as at 29 September 1987. For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 241.] 140. Schedule 2 amended (1) Schedule 2 Part I paragraph 2 is amended as follows: 10 (a) in the definition of "dependants" by deleting "wife, widow until she remarries, father, mother, grandfather, grandmother, step-father, step-mother" and inserting instead -- " 15 spouse, de facto partner, surviving spouse, surviving de facto partner (until that spouse or partner subsequently marries or enters into a de facto relationship), parent, step-parent, grandparent "; 20 (b) inserting in the appropriate alphabetical position the following definition -- " "surviving spouse or surviving de facto partner", in relation to a person who has died, means -- 25 (a) the widow or widower of that person; or (b) a person who was, immediately before the death of the person, a de facto partner of that person; ". (2) Schedule 2 Part III paragraph 12(4) is amended as follows: 30 (a) by deleting "wife or a" and inserting instead -- " spouse, de facto partner or "; page 64

Acts Amendment (Equality of Status) Bill 2002 Mine Workers' Relief Act 1932 Part 43 s. 141 (b) by deleting "wife" in each of the other places where it occurs and inserting instead -- " spouse, de facto partner ". 141. Schedule 3 amended 5 (1) Schedule 3 is amended by inserting before "Persons" the clause designation -- " 1. ". (2) Schedule 3 is amended by deleting the Table commencing "single man........4" and ending "worker dependant on him 10 .............................1" and inserting instead -- " (1) Basic payment for a mine worker .......................... 4 (2) Additional payment to a mine worker in respect of -- (a) the spouse or de facto partner of the mine worker ............................................................ 4 (b) each child under 16 years of age, dependent on the mine worker ........................................ 1 (3) Basic payment for surviving spouse or surviving de facto partner, of a mine worker ......................... 4 (4) Additional payment for surviving spouse, or surviving de facto partner, of a mine worker in respect of each child under 16 years of age who was dependent on the mine worker immediately before the worker's death ....................................... 1 (5) Payment for a parent of a mine worker who was dependent on the mine worker immediately before the worker's death ................................................. 2 (6) Payment for guardian of each child under 16 years of age who was dependent on a mine worker immediately before the worker's death .................. 2 ". page 65

Acts Amendment (Equality of Status) Bill 2002 Part 43 Mine Workers' Relief Act 1932 s. 141 (3) Schedule 3 is amended as follows: (a) by inserting before "Notwithstanding" the clause designation -- " 2. "; 5 (b) in paragraph (b) by deleting "widower, the additional payment in respect of any child under 16 years" and inserting instead -- " mine worker who is a surviving spouse or surviving 10 de facto partner, the additional payment under clause 1(2)(b) "; (c) by deleting paragraph (c) and inserting the following paragraph instead -- 15 " (c) a mine worker is not entitled to any payment under clause 1(2) unless the person the payment is made in respect of is being supported by the mine worker; "; 20 (d) in paragraph (d) by deleting "in respect of a wife may be paid to the wife" and inserting instead -- " under clause 1(2)(a) may be paid to the spouse or de facto partner of the mine worker 25 "; (e) in paragraph (e) -- (i) by deleting "widow, the benefits" and inserting instead -- " 30 surviving spouse or surviving de facto partner, the payments under clause 1(4) "; and page 66

Acts Amendment (Equality of Status) Bill 2002 Mine Workers' Relief Act 1932 Part 43 s. 141 (ii) by deleting "re-marriage of the widow" and inserting instead -- " subsequent marriage of the spouse or de facto 5 partner, or on the spouse or de facto partner entering into a de facto relationship "; (f) in paragraph (f) -- (i) by deleting "widow" in both places where it 10 occurs and inserting instead -- " surviving spouse or surviving de facto partner "; and 15 (ii) by deleting "benefit under this Act until she has applied for such a pension and her application has been granted or refused." and inserting instead -- " 20 payment under this Act until such an application has been made and dealt with. ". (4) At the end of Schedule 3 the following clause is inserted -- " 25 3. In this Schedule -- "dependants" has the same meaning as it has in Schedule 2; "surviving spouse or surviving de facto partner" has the same meaning as it has in Schedule 2. 30 ". page 67

Acts Amendment (Equality of Status) Bill 2002 Part 44 Mine Workers' Relief (Payments Authorisation) Act 1940 s. 142 Part 44 -- Mine Workers' Relief (Payments Authorisation) Act 1940 142. The Mine Workers' Relief (Payments Authorisation) Act 1940 repealed 5 The Mine Workers' Relief (Payments Authorisation) Act 1940 is repealed. page 68

Acts Amendment (Equality of Status) Bill 2002 Minimum Conditions of Employment Act 1993 Part 45 s. 143 Part 45 -- Minimum Conditions of Employment Act 1993 143. Minimum Conditions of Employment Act 1993 amended The amendments in this Part are to the Minimum Conditions of 5 Employment Act 1993*. [* Reprinted as at 4 June 1997. For subsequent amendments see Act No. 20 of 2002.] 144. Section 3 amended Section 3(1) is amended by deleting the definition of "de facto 10 spouse". 145. Section 20A amended Section 20A(2)(a) is amended by deleting "de facto spouse" and inserting instead -- " de facto partner ". 15 146. Section 27 amended Section 27(1)(a) is amended by deleting "de facto spouse" and inserting instead -- " de facto partner ". 147. Section 32 amended 20 Section 32 is amended as follows: (a) in paragraph (a) of the definition of "adoption" -- (i) by deleting "natural"; and (ii) by deleting "spouse" and inserting instead -- " spouse or de facto partner "; 25 (b) in the definition of "expected date of birth" by inserting after "spouse" -- " or de facto partner "; page 69

Acts Amendment (Equality of Status) Bill 2002 Part 45 Minimum Conditions of Employment Act 1993 s. 148 (c) after the definition of "parental leave" by deleting the semicolon and inserting instead a full stop; (d) by deleting the definition of "spouse". 148. Section 33 amended 5 Section 33(3) is amended as follows: (a) by inserting after "spouse" -- " or de facto partner "; (b) by deleting "leave -- " and inserting instead -- " 10 leave taken by the employee and the employee's spouse or de facto partner immediately after -- "; (c) in paragraph (a) by deleting "taken by the male parent immediately after"; 15 (d) in paragraph (b) by deleting "taken by the employee and the employee's spouse immediately after". 149. Section 34 amended Section 34 is amended as follows: (a) by inserting after "who" -- 20 " is pregnant and "; (b) by deleting ", other than for an adoption, ". 150. References to "de facto partner" inserted The provisions referred to in the Table to the section are amended by inserting after "spouse" in each place where it 25 occurs -- " or de facto partner ". Table s. 33(1)(a) and (4), 35 and 36(1) page 70

Acts Amendment (Equality of Status) Bill 2002 Mining Act 1978 Part 46 s. 151 Part 46 -- Mining Act 1978 151. Mining Act 1978 amended The amendments in this Part are to the Mining Act 1978*. [* Reprinted as at 7 September 2001. 5 For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 246 and Act No. 15 of 2002.] 152. Section 8 amended Section 8(4)(a) is repealed and the following paragraph inserted instead -- 10 " (a) an individual, if the person is -- (i) a spouse or de facto partner; (ii) a parent, grandparent or great- grandparent; 15 (iii) a child, grandchild or great-grandchild; or (iv) a sibling, of the individual, whether the relationship is a step relationship or a relationship established 20 by, or traced through marriage or a de facto relationship, a written law or a natural relationship; ". page 71

Acts Amendment (Equality of Status) Bill 2002 Part 47 The Partnership Act 1895 s. 153 Part 47 -- The Partnership Act 1895 153. The Partnership Act 1895 amended The amendments in this Part are to The Partnership Act 1895*. [* Reprinted as at 26 July 1985. 5 For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 272.] 154. Section 8 amended Section 8(3)(c) is amended by deleting "being the widow or" and inserting instead -- 10 " who, immediately before the death of a deceased partner, was the spouse or de facto partner of the partner, or who is the ". page 72

Acts Amendment (Equality of Status) Bill 2002 Police Act 1892 Part 48 s. 155 Part 48 -- Police Act 1892 155. Police Act 1892 amended The amendments in this Part are to the Police Act 1892*. [* Reprinted as at 12 January 2001. 5 For subsequent amendments see Act No. 6 of 2002.] 156. Section 27 repealed Section 27 is repealed. 157. Section 66 amended Section 66(10) is repealed. 10 158. Section 138 amended After section 138(4) the following subsection is inserted -- " (5) In this section -- "close relative", in relation to a person, includes a 15 de facto partner of the person. ". page 73

Acts Amendment (Equality of Status) Bill 2002 Part 49 Property Law Act 1969 s. 159 Part 49 -- Property Law Act 1969 159. Property Law Act 1969 amended The amendments in this Part are to the Property Law Act 1969*. [* Reprinted as at 25 May 1999.] 5 160. Section 31A amended Section 31A(5) is amended as follows: (a) by deleting "father" in each place where it occurs and inserting instead -- " parent "; 10 (b) by inserting after "his" in both places where it occurs -- " or her "; (c) by deleting "paternity" in both places where it occurs and inserting instead -- " parentage ". 15 161. Section 102 amended Section 102(4) is amended by inserting after "spouse" in both places where it occurs -- " or de facto partner ". 162. Section 105 amended 20 Section 105(3) is amended by inserting after "person," -- " or on any person entering into a de facto relationship, ". 163. Section 108 amended (1) Section 108 is amended by inserting before "The" the subsection designation "(1)". page 74

Acts Amendment (Equality of Status) Bill 2002 Property Law Act 1969 Part 49 s. 164 (2) At the end of section 108 the following subsection is inserted -- " (2) The de facto partner of a person who is a life in being for the purpose of the rule against perpetuities shall be 5 deemed a life in being for the purpose of -- (a) a limitation in favour of that de facto partner; and (b) a limitation in favour of a person who attains, or of a class the members of which attain, 10 according to the limitation, a vested interest on or after the death of the survivor of that person and the person's de facto partner. ". 164. Section 115 amended 15 Section 115(1) is amended as follows: (a) in paragraph (a) by inserting after "widowers," -- " de facto partners, "; (b) in paragraph (b) by inserting after "widowers," -- " de facto partners, ". page 75

Acts Amendment (Equality of Status) Bill 2002 Part 50 Rates and Charges (Rebates and Deferments) Act 1992 s. 165 Part 50 -- Rates and Charges (Rebates and Deferments) Act 1992 165. Rates and Charges (Rebates and Deferments) Act 1992 amended 5 The amendments in this Part are to the Rates and Charges (Rebates and Deferments) Act 1992*. [* Reprinted as at 19 May 2000. For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 316.] 10 166. Section 3 amended (1) Section 3(1) is amended by inserting the following definition in the appropriate alphabetical position -- " "de facto partner" does not include a person who, on 15 an apparently permanent and voluntary basis, lives separately and apart from their de facto partner; ". (2) Section 3(1) is amended in the definition of "dependant" by inserting after paragraph (a) the following paragraph -- 20 " (ab) a de facto partner of that person; ". (3) Section 3(1) is amended in the definition of "spouse" by deleting ", includes a de facto spouse, subject to section 4, but". 167. Section 4 repealed Section 4 is repealed. 25 168. Section 27 amended Section 27(5) is amended by inserting after "spouse" in each place where it occurs -- " or de facto partner ". page 76

Acts Amendment (Equality of Status) Bill 2002 Rates and Charges (Rebates and Deferments) Act 1992 Part 50 s. 169 169. Section 28 amended (1) Section 28(3) is amended by inserting after "spouse" in both places where it occurs -- " or de facto partner ". 5 (2) Section 28(4)(b) is amended by inserting after "spouse" -- " or de facto partner ". 170. Section 31 amended Section 31(2) is amended by deleting "spouses" and inserting instead -- 10 " partners ". 171. Section 43 amended Section 43(4)(a) is amended by inserting after "spouse" -- " or de facto partner ". 172. Section 44 amended 15 Section 44(2)(c)(iii) is amended by inserting after "spouse" in both places where it occurs -- " or de facto partner ". 173. Section 45 amended (1) Section 45(1) is amended by inserting after "spouse" in each 20 place where it occurs -- " or de facto partner ". (2) Section 45(2) is amended by inserting after "spouse" in each place where it occurs -- " or de facto partner ". page 77

Acts Amendment (Equality of Status) Bill 2002 Part 51 Real Estate and Business Agents Act 1978 s. 174 Part 51 -- Real Estate and Business Agents Act 1978 174. Real Estate and Business Agents Act 1978 amended The amendments in this Part are to the Real Estate and Business Agents Act 1978*. 5 [* Reprinted as at 9 March 2001. For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 317.] 175. Section 72 amended Section 72(3) is amended by inserting after "Board" in the first 10 place where it occurs -- " any de facto relationship or ". 176. Section 117(5) amended Section 117(5) is amended by inserting after "spouse" -- " or de facto partner ". 15 177. The Schedule amended (1) The Schedule is amended in clause 1(d) by inserting after "licensee" in the first place where it occurs -- " , or a de facto partner of such a licensee (and has 20 been for not less than 2 years immediately before the death or incapacity of the licensee), ". (2) The Schedule is amended in clause 4 by inserting after "licence" in the first place where it occurs -- 25 " is to be granted at the discretion of the Board and ". (3) The Schedule is amended in clause 5(1) by deleting "not an executor, administrator, trustee, spouse, or child of a deceased page 78

Acts Amendment (Equality of Status) Bill 2002 Real Estate and Business Agents Act 1978 Part 51 s. 177 licensee or who is not a spouse or child of an incapacitated licensee may" and inserting instead -- " not -- 5 (a) an executor, administrator, trustee or child of a deceased licensee, or who was not the spouse or de facto partner, within the meaning of clause 1(d), of a deceased licensee immediately before the death of the licensee; or 10 (b) in respect of an incapacitated licensee, the spouse or de facto partner of the licensee, within the meaning of clause 1(d), of the licensee, may ". page 79

Acts Amendment (Equality of Status) Bill 2002 Part 52 Retirement Villages Act 1992 s. 178 Part 52 -- Retirement Villages Act 1992 178. Retirement Villages Act 1992 amended The amendments in this Part are to the Retirement Villages Act 1992*. 5 [* Reprinted as at 22 January 1999. For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 323.] 179. Section 3 amended Section 3(1) is amended as follows: 10 (a) in the definition of "resident" by inserting after "spouse" -- " or de facto partner "; (b) in the definition of "retired person" by inserting after "spouse" -- 15 " or de facto partner "; (c) by deleting the definition of "spouse". page 80

Acts Amendment (Equality of Status) Bill 2002 Settlement Agents Act 1981 Part 53 s. 180 Part 53 -- Settlement Agents Act 1981 180. Settlement Agents Act 1981 amended The amendments in this Part are to the Settlement Agents Act 1981*. 5 [* Reprinted as at 3 November 2000. For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 341.] 181. Section 53 amended Section 53(3) is amended by inserting after "Board" in the first 10 place where it occurs -- " any de facto relationship or ". 182. Section 95(5) amended Section 95(5) is amended by inserting after "spouse" -- " or de facto partner ". 15 183. Schedule 1 amended (1) Schedule 1 clause 1(1)(d) is amended by inserting after "licensee" in the first place where it occurs -- " , or a de facto partner of such a licensee (and has 20 been for not less than 2 years immediately before the death or incapacity of the licensee), ". (2) Schedule 1 clause 2(1)(d) is amended by inserting after "licensee" in the first place where it occurs -- 25 " , or a de facto partner of such a licensee (and has been for not less than 2 years immediately before the death or incapacity of the licensee), ". page 81

Acts Amendment (Equality of Status) Bill 2002 Part 53 Settlement Agents Act 1981 s. 183 (3) Schedule 1 is amended in clause 4 by inserting after "licence" in the first place where it occurs -- " is to be granted at the discretion of the Board and ". (4) Schedule 1 is amended in clause 5(1) by deleting "not an 5 executor, administrator, trustee, spouse or child of a deceased licensee or who is not a spouse or child of an incapacitated licensee may" and inserting instead -- " not -- 10 (a) an executor, administrator, trustee or child of a deceased licensee, or who was not the spouse or de facto partner, within the meaning of clause 1(1)(d) or 2(1)(d) as is relevant, of a deceased licensee immediately before the licensee's 15 death; or (b) in respect of an incapacitated licensee, the spouse or de facto partner of the licensee, within the meaning of clause 1(1)(d) or 2(1)(d) as is relevant, of the licensee, 20 may ". page 82

Acts Amendment (Equality of Status) Bill 2002 Solicitor-General Act 1969 Part 54 s. 184 Part 54 -- Solicitor-General Act 1969 184. Solicitor-General Act 1969 amended The amendments in this Part are to the Solicitor-General Act 1969*. 5 [* Act No. 38 of 1969. For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 346.] 185. Section 11 amended Section 11 is amended as follows: 10 (a) by deleting "his widow and children after his death" in the first place where it occurs and inserting instead -- " a surviving spouse, de facto partner or child of a Solicitor-General after the death of the 15 Solicitor-General "; (b) by deleting "his widow and children after his death" in the second place where it occurs and inserting instead -- " 20 a surviving spouse, de facto partner or child of such a Judge after the death of the Judge ". page 83

Acts Amendment (Equality of Status) Bill 2002 Part 55 Stamp Act 1921 s. 186 Part 55 -- Stamp Act 1921 186. Stamp Act 1921 amended The amendments in this Part are to the Stamp Act 1921*. [* Reprinted as at 3 August 2001. 5 For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 354 and Acts Nos. 7 and 11 of 2002.] 187. Section 4 amended Section 4(1) is amended by inserting in the appropriate 10 alphabetical positions the following definitions -- " "de facto partner of 2 years", in relation to a person, means a person who is living in a de facto relationship with the person and has lived on that 15 basis with the person for at least 2 years; "de facto partners of 2 years" means 2 de facto partners of 2 years who are living in a de facto relationship with each other; "former de facto partner of 2 years", in relation to a 20 person, means a person who has lived in a de facto relationship with that person for at least 2 years, but no longer lives with that person on that basis; "surviving de facto partner of 2 years", in relation to a person who has died, means a person who, 25 immediately before the person's death was living in a de facto relationship with that person and had lived with the person on that basis for at least 2 years; ". page 84

Acts Amendment (Equality of Status) Bill 2002 Stamp Act 1921 Part 55 s. 188 188. Section 63AB amended (1) Section 63AB(5)(a) is amended by inserting after "spouses" -- " , or de facto partners, ". (2) Section 63AB(6)(a), (b) and (c) is amended by inserting after 5 "spouse" -- " or de facto partner ". (3) Section 63AB(6)(d) is deleted and the following paragraphs are inserted instead -- " 10 (d) the spouse or de facto partner of the person; (e) the spouse or de facto partner of a person referred to in paragraph (a), (b), or (c). ". (4) Section 63AB(7)(a) is amended by deleting "his mother and 15 reputed father" and inserting instead -- " that person's parents ". (5) Section 63AB(7)(b) is deleted and the following paragraph is inserted instead -- " 20 (b) it is irrelevant whether a relationship is of the whole or half-blood, or whether it is a natural relationship or a relationship established by a written law; ". 25 189. Section 75AB amended Section 75AB is amended by inserting after "widows" -- " , widowers, surviving de facto partners of 2 years ". page 85

Acts Amendment (Equality of Status) Bill 2002 Part 55 Stamp Act 1921 s. 190 190. Section 75C amended (1) Section 75C(1) is amended as follows: (a) in paragraph (a) by deleting "living with each other as a de facto married couple" and inserting instead -- 5 " de facto partners of 2 years "; (b) by deleting paragraph (aa). (2) Section 75C(4) is amended by deleting the definition of "de facto married couple". 191. Section 75D amended 10 (1) Section 75D(1) is amended in the definition of "family member" by deleting paragraphs (e) and (f) and inserting instead -- " (e) the spouse, former spouse, de facto partner of 15 2 years or former de facto partner of 2 years of the person; or (f) the spouse or de facto partner of 2 years of a person referred to in paragraph (a), (b), (c) or (d), 20 ". (2) Section 75D(2)(a) is amended by deleting "mother and reputed father" and inserting instead -- " parents ". (3) Section 75D(2)(b) is deleted and the following paragraph is 25 inserted instead -- " (b) it is irrelevant whether a relationship is of the whole or half-blood, or whether it is a natural relationship or a relationship established by a 30 written law. ". page 86

Acts Amendment (Equality of Status) Bill 2002 Stamp Act 1921 Part 55 s. 192 192. Section 76 amended (1) Section 76(2)(b)(i), (ii) and (iii) is amended by inserting after "spouse" -- " or de facto partner ". 5 (2) Section 76(2)(b)(iv) is deleted and the following subparagraphs are inserted instead -- " (iv) the spouse or de facto partner of the individual; 10 (v) the spouse or de facto partner of an individual referred to in subparagraph (i), (ii), or (iii). ". (3) Section 76(3)(a) is amended by inserting after "spouses" -- 15 " , or de facto partners, ". (4) Section 76(4)(a) is amended by deleting "his mother and reputed father" and inserting instead -- " that person's parents ". (5) Section 76(4)(b) is deleted and the following paragraph is 20 inserted instead -- " (b) it is irrelevant whether a relationship is of the whole or half-blood, or whether it is a natural relationship or a relationship established by a 25 written law; ". page 87

Acts Amendment (Equality of Status) Bill 2002 Part 55 Stamp Act 1921 s. 193 193. Section 112Q amended Section 112Q(2) is amended by deleting ", with such a person, is or was one of a de facto married couple (as that expression is defined in section 75C(4))" and inserting instead -- 5 " is a de facto partner of 2 years, or a former de facto partner of 2 years, or is a surviving de facto partner of 2 years, of the person ". page 88

Acts Amendment (Equality of Status) Bill 2002 Strata Titles Act 1985 Part 56 s. 194 Part 56 -- Strata Titles Act 1985 194. Strata Titles Act 1985 amended The amendments in this Part are to the Strata Titles Act 1985*. [* Reprinted as at 1 July 1999. 5 For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 363.] 195. Section 6A amended Section 6A(3) is amended as follows: (a) in the definition of "retired person" by deleting "of such 10 a person;" and inserting instead -- " or de facto partner of such a person. "; (b) by deleting the definition of "spouse". 196. Section 50A amended Section 50A(4) is amended by inserting after "spouse" -- 15 " or de facto partner ". page 89

Acts Amendment (Equality of Status) Bill 2002 Part 57 Supreme Court Act 1935 s. 197 Part 57 -- Supreme Court Act 1935 197. Supreme Court Act 1935 amended The amendments in this Part are to the Supreme Court Act 1935*. 5 [* Reprinted as at 9 February 2001. For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 126.] 198. Section 11B amended Section 11B(3) is amended as follows: 10 (a) by deleting "his widow and children after his" in the first place where it occurs and inserting instead -- " a surviving spouse, de facto partner or child of a Master after the Master's 15 "; (b) by deleting "his widow and children after his" in the second place where it occurs and inserting instead -- " a surviving spouse, de facto partner or child of such a 20 Judge after the Judges' ". 199. Section 118 amended Section 118(2)(b) is amended by deleting "wife" and inserting instead -- 25 " spouse or de facto partner ". 200. Section 141 amended Section 141(2)(b) is deleted. page 90

Acts Amendment (Equality of Status) Bill 2002 Trustees Act 1962 Part 58 s. 201 Part 58 -- Trustees Act 1962 201. Trustees Act 1962 amended The amendments in this Part are to the Trustees Act 1962*. [* Reprinted as at 11 January 2002.] 5 202. Section 61 amended Section 61(3) is amended as follows: (a) in paragraph (a) by deleting "wife or her husband" and inserting instead -- " , or her, spouse or de facto partner "; 10 (b) in paragraph (b) by deleting "wife or husband" and inserting instead -- " spouse or de facto partner ". page 91

Acts Amendment (Equality of Status) Bill 2002 Part 59 Water Corporation Act 1995 s. 203 Part 59 -- Water Corporation Act 1995 203. Water Corporation Act 1995 amended The amendments in this Part are to the Water Corporation Act 1995*. 5 [* Reprinted as at 4 May 2001. For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 403 and Act No. 20 of 2002 and Gazette 24 May 2002 p. 2605-17.] 204. Schedule 2 amended 10 Schedule 2 clause 14(1) is amended as follows: (a) in paragraph (a) -- (i) by inserting after "spouse" in the first place where it occurs -- " or de facto partner "; and 15 (ii) by inserting after "spouse" in the second place where it occurs -- " or de facto partner of a director "; (b) in paragraph (b) -- (i) by inserting after "spouse" in the first place 20 where it occurs -- " or de facto partner "; and (ii) by inserting after "spouse" in the second place where it occurs -- " or de facto partner of a director ". page 92

Acts Amendment (Equality of Status) Bill 2002 Western Australian Aged Sailors, Soldiers and Airmen's Relief Part 60 Fund Act 1932 s. 205 Part 60 -- Western Australian Aged Sailors, Soldiers and Airmen's Relief Fund Act 1932 205. Western Australian Aged Sailors, Soldiers and Airmen's Relief Fund Act 1932 amended 5 The amendments in this Part are to the Western Australian Aged Sailors, Soldiers and Airmen's Relief Fund Act 1932*. [* Reprinted as at 7 February 1989.] 206. Section 5 amended Section 5 is amended by deleting "widows of such eligible 10 sailors, soldiers and airmen. Provided always that such sailor, soldier, airman, nurse and widow" and inserting instead -- " any person who, immediately before the death of any such sailor, soldier, airman or nurse, was the spouse or 15 de facto partner of that person. Provided always that the person for whom the benefit is applied ". page 93

Acts Amendment (Equality of Status) Bill 2002 Part 61 Western Australian Land Authority Act 1992 s. 207 Part 61 -- Western Australian Land Authority Act 1992 207. Western Australian Land Authority Act 1992 amended The amendment in this Part is to the Western Australian Land Authority Act 1992*. 5 [* Reprinted as at 16 April 1999. For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 410.] 208. Schedule 1 amended Schedule 1 is amended in Part B clause 1(1) by inserting after 10 "spouse," -- " de facto partner, ". page 94

Acts Amendment (Equality of Status) Bill 2002 Wills Act 1970 Part 62 s. 209 Part 62 -- Wills Act 1970 209. Wills Act 1970 amended The amendments in this Part are to the Wills Act 1970*. [* Reprinted as at 11 September 1996. 5 For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 418.] 210. Section 12 amended Section 12 is amended by inserting after "spouse" -- " or de facto partner ". 10 211. Section 13 repealed and application provision (1) Section 13 is repealed. (2) The repeal effected by subsection (1) applies to and in respect of the will of any person dying on or after the date of the commencement of this section, whether the will was made or 15 executed before, on or after that date but does not apply to the will of a person who died before that date. 212. Section 31 amended (1) Section 31(1) is amended as follows: (a) by deleting "father and mother" in the first place where 20 it occurs and inserting instead -- " or her parents "; (b) by deleting "father and mother" in the second place where it occurs and inserting instead -- " parents ". 25 (2) Section 31(2)(b) is amended as follows: (a) by deleting "father and mother" and inserting instead -- " parents "; page 95

Acts Amendment (Equality of Status) Bill 2002 Part 62 Wills Act 1970 s. 212 (b) by deleting "father" and inserting instead -- " or her parent "; (c) in subparagraph (i) -- (i) by deleting "paternity" and inserting instead -- 5 " parentage "; (ii) by deleting "father" and inserting instead -- " parent "; and (iii) by inserting after "his" -- " or her "; 10 (d) in subparagraph (ii) -- (i) by deleting "father" and inserting instead -- " parent "; and (ii) by deleting "paternity" and inserting instead -- " parentage ". page 96

Acts Amendment (Equality of Status) Bill 2002 Workers' Compensation and Rehabilitation Act 1981 Part 63 s. 213 Part 63 -- Workers' Compensation and Rehabilitation Act 1981 213. Workers' Compensation and Rehabilitation Act 1981 amended 5 The amendments in this Part are to the Workers' Compensation and Rehabilitation Act 1981*. [* Reprinted as at 14 September 2001.] 214. Section 5 amended Section 5(1) is amended as follows: 10 (a) by inserting in the appropriate alphabetical position the following definition -- " "de facto partner" in relation to compensation payable in respect of the death of a worker 15 means -- (a) a person who, immediately before the death of the worker, was living in a de facto relationship with the worker and had been living on that basis with that worker for at 20 least the previous 2 years; and (b) any former de facto partner of the worker if the worker was legally obliged immediately before the death of the worker to make provision for that former de facto partner 25 with respect to financial matters; "; (b) in the definition of "member of a family" -- (i) by deleting "father, mother, grandfather, grandmother, step-father, step-mother" and 30 inserting instead -- " de facto partner, parent, grandparent, step-parent "; page 97

Acts Amendment (Equality of Status) Bill 2002 Part 63 Workers' Compensation and Rehabilitation Act 1981 s. 215 (ii) by deleting "his mother" and inserting instead -- " the worker's parents "; and (iii) by deleting "by the same father or mother" and inserting instead -- 5 " who have at least one parent in common with the worker "; (c) by deleting the definition of "spouse" and inserting 10 instead -- " "spouse" in relation to compensation payable in respect of the death of a worker, includes any former spouse of the worker if the worker was 15 legally obliged immediately before the death of the worker to make provision for that former spouse with respect to financial matters; ". 215. Schedule 1 amended 20 Schedule 1 is amended as follows: (a) in clause 1(1)(b) by deleting "or parent or a spouse and parent" and inserting instead -- " , de facto partner or parent, or more than one of 25 those persons, "; (b) in clause 5(1) by inserting after "spouse" -- " , de facto partner "; (c) in clause 5(2) by inserting after "spouse" in both places 30 where it occurs -- " , de facto partner ". page 98

Acts Amendment (Equality of Status) Bill 2002 Workers' Compensation and Rehabilitation Act 1981 Part 63 s. 216 216. Schedule 5 amended (1) Schedule 5 clause 1(1) is amended in the definition of "supplementary amount" as follows: (a) in paragraph (a) by inserting after "spouse" -- 5 " or dependent de facto partner, or both "; (b) in paragraph (b) by inserting after "spouse" -- " or dependent de facto partner ". (2) Schedule 5 clause 7(b) is deleted and the following paragraph is inserted instead -- 10 " (b) if his death results from the disability and a dependent spouse or dependent de facto partner, survives him -- (i) the employer is liable to pay into the 15 custody of the Commission for the benefit of the spouse or de facto partner, as a lump sum the aggregate of the supplementary amount for a worker with a dependent spouse or dependent de facto partner at the 20 rate applicable at the date of death for a period of 3 years, and after the amount is so paid there shall be liberty to apply to the Commission by or on behalf of the dependent spouse or dependent de facto 25 partner in respect of the manner in which that amount or any part of it is applied and that dependant is entitled to receive that lump sum; (ii) if application is made to the Commission 30 under subparagraph (i) by or on behalf of more than one such dependant, the lump sum referred to in that subparagraph is to be apportioned between the dependants according to the respective financial losses 35 of support suffered by them, which apportionment is to be determined by a page 99

Acts Amendment (Equality of Status) Bill 2002 Part 63 Workers' Compensation and Rehabilitation Act 1981 s. 216 dispute resolution body, and those dependants are entitled to receive that lump sum as so apportioned; and (iii) the dependent spouse or dependent de facto 5 partner is also entitled to receive, and the employer is liable to pay weekly, from the date of the worker's death and during the lifetime of the dependent spouse or dependent de facto partner, the 10 supplementary amount at the rate for a worker without a dependent spouse or dependent de facto partner, and where there is more than one such dependant, the amount is to be apportioned between them 15 according to the respective financial losses of support suffered by them, which apportionment is to be determined by a dispute resolution body; ". page 100

Acts Amendment (Equality of Status) Bill 2002 Power to amend certain regulations and rules Part 64 s. 217 Part 64 -- Power to amend certain regulations and rules 217. Power to amend certain regulations and rules (1) The Governor, on the recommendation of the Attorney General, 5 may make regulations amending a regulation or rule made under -- (a) an Act amended by this Act or the Acts Amendment (Lesbian and Gay Law Reform) Act 2002; or (b) another Act if it is necessary or desirable to amend the 10 regulation or rule as a consequence of the amendments enacted by this Act or the Acts Amendment (Lesbian and Gay Law Reform) Act 2002. (2) The Attorney General may make a recommendation under subsection (1) only if the Attorney General considers that each 15 amendment proposed to be made by the regulations is consequential on the amendments enacted by this Act or the Acts Amendment (Lesbian and Gay Law Reform) Act 2002. (3) Nothing in this section prevents a regulation or rule from being amended in accordance with the Act under which it is made. page 101

[Index] [Search] [Download] [Related Items] [Help]