SAME-SEX RELATIONSHIPS (EQUAL TREATMENT IN COMMONWEALTH LAWS-GENERAL LAW REFORM) BILL 2008

i Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform)

Bill 2008 No. , 2008

Contents

Short title ............................................................................................ 1

Commencement .................................................................................. 1

Schedule(s) ......................................................................................... 6

Schedule 1--Agriculture, Fisheries and Forestry

Australian Meat and Live-stock Industry Act 1997

Farm Household Support Act 1992

Schedule 2--Attorney-General

Part 1--Amendment of the Acts Interpretation Act 1901

Acts Interpretation Act 1901

Part 2--Amendment of other Acts

Administrative Decisions (Judicial Review) Act 1977

Age Discrimination Act 2004

Australian Federal Police Act 1979

Bankruptcy Act 1966

Crimes Act 1914

Crimes (Superannuation Benefits) Act 1989

Customs Act 1901

High Court Justices (Long Leave Payments) Act 1979

Judges (Long Leave Payments) Act 1979

Passenger Movement Charge Collection Act 1978

Proceeds of Crime Act 2002

Service and Execution of Process Act 1992

Sex Discrimination Act 1984

Witness Protection Act 1994

Part 3--Regulations

Schedule 3--Broadband, Communications and the Digital

Economy

Australian Postal Corporation Act 1989

Broadcasting Services Act 1992

Telstra Corporation Act 1991

Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill

2008 No. , 2008 ii

Schedule 4--Defence

Defence Force (Ho me Loans Assistance) Act 1990

Defence (Parliamentary Candidates) Act 1969

Royal Australian Air Force Veterans' Residences Act 1953

Schedule 5--Education, Employment and Workplace Relations

Education Services for Overseas Students Act 2000

Higher Education Support Act 2003

Judicial and Statutory Officers (Remuneration and Allowances) Act

1984

Safety, Rehabilitation and Compensation Act 1988

Seafarers Rehabilitation and Compensation Act 1992

Student Assistance Act 1973

Schedule 6--Families, Housing, Community Services and

Indigenous Affairs

Part 1--Amendments commencing on the day after Royal

Assent

Aboriginal Land Grant (Jervis Bay Territory) Act 1986

Corporations (Aboriginal and Torres Strait Islander) Act 2006

Part 2--Amendments commencing on 1 July 2009

A New Tax System (Family Assistance) Act 1999

A New Tax System (Family Assistance) (Administration) Act 1999

Social Security Act 1991

Schedule 7--Finance and Deregulation

Part 1--General amendments

Commonwealth Electoral Act 1918

Medibank Private Sale Act 2006

Members of Parliament (Life Gold Pass) Act 2002

Parliamentary Entitlements Act 1990

Part 2--Superannuation amendments (general)

Superannuation Act 1976

iii Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform)

Bill 2008 No. , 2008

Part 3--Superannuation amendments if same-sex

superannuation amendments commence earlier

Superannuation Act 1976

Part 4--Superannuation amendments if same-sex

superannuation amendments commence later

Superannuation Act 1976

Schedule 8--Foreign Affairs and Trade

Part 1--Amendment commencing on 1 July 2009

Australian Passports Act 2005

Part 2--Amendments commencing on the day after Royal

Assent

Export Market Development Grants Act 1997

Trade Representatives Act 1933

Schedule 9--Health and Ageing

Part 1--Amendments commencing on the day after Royal

Assent

Prohibition of Human Cloning for Reproduction Act 2002

Research Involving Human Embryos Act 2002

Part 2--Amendments commencing on 1 January 2009

Health Insurance Act 1973

National Health Act 1953

Part 3--Amendments commencing on 1 July 2009

101

Aged Care Act 1997

101

Schedule 10--Immigration and Citizenship

104

Part 1--Australian Citizenship Act 2007

104

Part 2--Migration Act 1958

107

Div ision 1--Main amend ments

107

Migration Act 1958

107

Div ision 2--Consequential amend ment

118

Australian Citizenship Act 2007

118

Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill

2008 No. , 2008 iv

Part 3--Immigration (Education) Act 1971

119

Part 4--Immigration (Guardianship of Children) Act 1946

120

Schedule 11--Infrastructure, Transport, Regional

Development and Local Gove rnme nt

121

Part 1--Carriers' liability amendments (general)

121

Civil Aviation (Carriers' Liability) Act 1959

121

Part 2--Carriers' liability amendments if Montreal Convention

amendments commence earlier

122

Civil Aviation (Carriers' Liability) Act 1959

122

Part 3--Carriers' liability amendments if Montreal Convention

amendments commence later

124

Civil Aviation (Carriers' Liability) Act 1959

124

Part 4--Other amendments

126

Airports Act 1996

126

Navigation Act 1912

129

Schedule 12--Innovation, Industry, Science and Research

133

Pooled Development Funds Act 1992

133

Schedule 13--Prime Minister and Cabinet

135

Privacy Act 1988

135

Schedule 14--Treasury

138

Part 1--Amendment of tax laws

138

A New Tax System (Medicare Levy Surcharge--Fringe Benefits) Act

1999

138

Fringe Benefits Tax Assessment Act 1986

138

Income Tax Assessment Act 1936

139

Income Tax Assessment Act 1997

146

Part 2--Amendment of market regulation laws

154

Financial Sector (Shareholdings) Act 1998

154

Foreign Acquisitions and Takeovers Act 1975

156

Insurance Acquisitions and Takeovers Act 1991

158

Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill

2008 No. , 2008 1

A Bill for an Act to address discrimination against

same-sex couples and their children in

Commonwealth laws, and for other purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Same-Sex Relationships (Equal

Treatment in Commonwealth Laws--General Law Reform) Act

2008.

2 Commence ment

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

2 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law

Reform) Bill 2008 No. , 2008

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day on which this Act receives the

Royal Assent.

2. Schedule 1

The day after this Act receives the Royal

Assent.

3. Schedule 2,

Part 1

The day after this Act receives the Royal

Assent.

4. Schedule 2,

items 2 and 3

1 Ju ly 2009.

1 Ju ly 2009

5. Schedule 2,

items 4 to 23

The day after this Act receives the Royal

Assent.

6. Schedule 2,

item 24

The later of:

(a) the start of the day after this Act receives

the Royal Assent; and

(b) immed iately after the commencement of

item 13 of Schedule 2 to the Family Law

Amendment (De Facto Financial Matters

and Other Measures) Act 2008.

However, the provision(s) do not commence

at all if the event mentioned in paragraph (b )

does not occur.

7. Schedule 2,

item 25

The day after this Act receives the Royal

Assent.

8. Schedule 2,

item 26

The later of:

(a) the start of the day after this Act receives

the Royal Assent; and

(b) immed iately after the commencement of

item 15 of Schedule 2 to the Family Law

Amendment (De Facto Financial Matters

and Other Measures) Act 2008.

However, the provision(s) do not commence

at all if the event mentioned in paragraph (b )

does not occur.

9. Schedule 2,

The day after this Act receives the Royal

Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill

2008 No. , 2008 3

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

item 27

Assent.

10. Schedule 2,

item 28

The later of:

(a) the start of the day after this Act receives

the Royal Assent; and

(b) immed iately after the commencement of

item 17 of Schedule 2 to the Family Law

Amendment (De Facto Financial Matters

and Other Measures) Act 2008.

However, the provision(s) do not commence

at all if the event mentioned in paragraph (b )

does not occur.

11. Schedule 2,

items 29 to 86

The day after this Act receives the Royal

Assent.

12. Schedules 3,

4 and 5

The day after this Act receives the Royal

Assent.

13. Schedule 6,

Part 1

The day after this Act receives the Royal

Assent.

14. Schedule 6,

Part 2

1 Ju ly 2009.

1 Ju ly 2009

15. Schedule 7,

items 1 to 7

On the day after the end of the period of 3

months beginning on the day on which this

Act receives the Royal Assent.

16. Schedule 7,

items 8 to 55

The day after this Act receives the Royal

Assent.

17. Schedule 7,

Part 3

The day after this Act receives the Royal

Assent.

However, if Schedule 1 to the Same-Sex

Relationships (Equal Treatment in

Commonwealth Laws--Superannuation) Act

2008 does not commence on or before the

day after this Act receives the Royal Assent,

the provision(s) do not commence at all.

18. Schedule 7,

item 58

The day after this Act receives the Royal

Assent.

However, if Schedule 1 to the Same-Sex

Relationships (Equal Treatment in

Commonwealth Laws--Superannuation) Act

4 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law

Reform) Bill 2008 No. , 2008

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

2008 commences on or before the day after

this Act receives the Royal Assent, the

provision(s) do not commence at all.

19. Schedule 7,

item 59

Immediately after the commencement of

Schedule 1 to the Same-Sex Relationships

(Equal Treatment in Commonwealth Laws--

Superannuation) Act 2008.

However, if Schedule 1 to the Same-Sex

Relationships (Equal Treatment in

Commonwealth Laws--Superannuation) Act

2008 commences on or before the day after

this Act receives the Royal Assent, the

provision(s) do not commence at all.

20. Schedule 7,

item 60

The day after this Act receives the Royal

Assent.

However, if Schedule 1 to the Same-Sex

Relationships (Equal Treatment in

Commonwealth Laws--Superannuation) Act

2008 commences on or before the day after

this Act receives the Royal Assent, the

provision(s) do not commence at all.

21. Schedule 7,

item 61

Immediately after the commencement of

Schedule 1 to the Same-Sex Relationships

(Equal Treatment in Commonwealth Laws--

Superannuation) Act 2008.

However, if Schedule 1 to the Same-Sex

Relationships (Equal Treatment in

Commonwealth Laws--Superannuation) Act

2008 commences on or before the day after

this Act receives the Royal Assent, the

provision(s) do not commence at all.

22. Schedule 8,

Part 1

1 Ju ly 2009.

1 Ju ly 2009

23. Schedule 8,

Part 2

The day after this Act receives the Royal

Assent.

24. Schedule 9,

Part 1

The day after this Act receives the Royal

Assent.

Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill

2008 No. , 2008 5

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

25. Schedule 9,

Part 2

1 January 2009.

1 January 2009

26. Schedule 9,

Part 3

1 Ju ly 2009.

1 Ju ly 2009

27. Schedule 10,

Part 1

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not

commence with in the period of 6 months

beginning on the day on which this Act

receives the Royal Assent, they commence

on the first day after the end of that period.

28. Schedule 10,

Parts 2 and 3

1 Ju ly 2009.

1 Ju ly 2009

29. Schedule 10,

Part 4

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not

commence with in the period of 6 months

beginning on the day on which this Act

receives the Royal Assent, they commence

on the first day after the end of that period.

30. Schedule 11,

Part 1

The later of:

(a) the start of the day after this Act receives

the Royal Assent; and

(b) immed iately after the commencement of

Schedule 2 to the Civil Aviation

Legislation Amendment (1999 Montreal

Convention and Other Amendments) Act

2008.

31. Schedule 11,

Part 2

The day after this Act receives the Royal

Assent.

However, the provision(s) do not commence

at all if Schedule 2 to the Civil Aviation

Legislation Amendment (1999 Montreal

Convention and Other Amendments) Act

2008 does not commence on or before the

day after this Act receives the Royal Assent.

32. Schedule 11,

Part 3

The day after this Act receives the Royal

Assent.

However, the provision(s) do not commence

6 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law

Reform) Bill 2008 No. , 2008

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

at all if Schedule 2 to the Civil Aviation

Legislation Amendment (1999 Montreal

Convention and Other Amendments) Act

2008 commences on or before the day after

this Act receives the Royal Assent.

33. Schedule 11,

Part 4

The day after this Act receives the Royal

Assent.

34. Schedule 12

The day after this Act receives the Royal

Assent.

35. Schedule 13

1 Ju ly 2009.

1 Ju ly 2009

36. Schedule 14

The day after this Act receives the Royal

Assent.

37. Schedule 15

1 Ju ly 2009.

1 Ju ly 2009

Note:

This table relates only to the provisions of this Act as originally

passed by both Houses of the Parliament and assented to. It will not be

expanded to deal with provisions inserted in this Act after assent.

(2) Column 3 of the table contains additional information that is not

part of this Act. Information in this column may be added to or

edited in any published version of this Act.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

Agriculture, Fisheries and Forestry Schedule 1

Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill

2008 No. , 2008 7

Schedule 1

Agriculture, Fisheries and

Forestry

Australian Meat and Live-stock Industry Act 1997

1 Section 3 (paragraph (b) of the definition of associate)

Repeal the paragraph, substitute:

(b) the spouse, or de facto partner (within the meaning of the

Acts Interpretation Act 1901), of the subject person; and

Farm Household Support Act 1992

2 Subsection 3(1)

Insert:

armed services widow

3 Subsection 3(1)

Insert:

armed services widower

Schedule 2 Attorney-General

Part 1 A mend ment of the Acts Interpretation Act 1901

8 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law

Reform) Bill 2008 No. , 2008

Schedule 2

Attorney-General

Part 1

Amendment of the Acts Interpretation Act

1901

Acts Interpretation Act 1901

1 After section 22

Insert:

22A References to de facto partners

For the purposes of a provision of an Act that is a provision in

which de facto partner has the meaning given by this Act, a person

is the de facto partner of another person (whether of the same sex

or a different sex) if:

(a) the person is in a registered relationship with the other person

under section 22B; or

(b) the person is in a de facto relationship with the other person

under section 22C.

22B Registered relationships

For the purposes of paragraph 22A(a), a person is in a registered

relationship with another person if the relationship between the

persons is registered under a prescribed law of a State or Territory

as a prescribed kind of relationship.

22C De facto relationships

(1) For the purposes of paragraph 22A(b), a person is in a de facto

relationship with another person if the persons:

(a) are not legally married to each other; and

(b) are not related by family (see subsection (6)); and

domestic basis.

(2) In determining for the purposes of paragraph (1)(c) whether 2

persons have a relationship as a couple, all the circumstances of

Attorney-General Schedule 2

Amend ment of the Acts Interpretation Act 1901 Part 1

Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill

2008 No. , 2008 9

their relationship are to be taken into account, including any or all

of the following circumstances:

(a) the duration of the relationship;

(b) the nature and extent of their common residence;

(d) the degree of financial dependence or interdependence, and

any arrangements for financial support, between them;

(e) the ownership, use and acquisition of their property;

(f) the degree of mutual commitment to a shared life;

(g) the care and support of children;

(h) the reputation and public aspects of the relationship.

(3) No particular finding in relation to any circumstance mentioned in

subsection (2) is necessary in determining whether 2 persons have

a relationship as a couple for the purposes of paragraph (1)(c).

(4) For the purposes of paragraph (1)(c), the persons are taken to be

living together on a genuine domestic basis if the persons are not

living together on a genuine domestic basis only because of:

(a) a temporary absence from each other; or

(b) illness or infirmity of either or both of them.

(5) For the purposes of subsection (1), a de facto relationship can exist

even if one of the persons is legally married to someone else or is

in a registered relationship (within the meaning of section 22B)

with someone else or is in another de facto relationship.

(6) For the purposes of paragraph (1)(b), 2 persons are related by

family if:

(a) one is the child (including an adopted child) of the other; or

(b) one is another descendant of the other (even if the

relationship between them is traced through an adoptive

parent); or

parent of either or both of them).

For this purpose, disregard whether an adoption is declared void or

has ceased to have effect.

(7) For the purposes of subsection (6), adopted means adopted under

the law of any place (whether in or out of Australia) relating to the

adoption of children.

Schedule 2 Attorney-General

Part 2 A mend ment of other Acts

10 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law

Reform) Bill 2008 No. , 2008

Part 2

Amendment of other Acts

Administrative Decisions (Judicial Review) Act 1977

2 Subparagraph (d)(iv) of Schedule 2

Repeal the subparagraph, substitute:

(iv) decisions relating to a person who, having entered

Australia as a diplomatic or consular representative of

another country, a member of the staff of such a

representative or the spouse, de facto partner or a

dependent relative of such a representative, was in

Australia at the time of the decision (for the purposes of

this subparagraph, enter Australia, spouse, de facto

partner and relative have the same meanings as in that

Act);

3 Application

The amendment of the Administrative Decisions (Judicial Review) Act

1977 made by this Part applies in relation to decisions to which

section 13 of that Act applies that are made on or after the

commencement of this item.

Age Discrimination Act 2004

4 Subsection 29(4)

Insert:

child: without limiting who is a child of a person for the purposes

of paragraph (a) of the definition of near relative in this

subsection, someone is the child of a person if he or she is the

product of a relationship the person has or had as a couple with

another person (whether of the same sex or a different sex). For

this purpose, someone cannot be the product of a relationship

unless he or she is the biological child of at least one of the persons

in the relationship or was born to a woman in the relationship.

5 Subsection 29(4)

Insert:

Attorney-General Schedule 2

Amend ment of other Acts Part 2

Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill

2008 No. , 2008 11

de facto partner has the meaning given by the Acts Interpretation

Act 1901.

6 Subsection 29(4) (paragraph (b) of the definition of near

relative)

Omit "de facto spouse", substitute "de facto partner".

7 Subsection 29(4)

Insert:

parent: without limiting who is a parent of a person for the

purposes of paragraph (a) of the definition of near relative in this

subsection, someone is the parent of a person if the person is his or

her child because of the definition of child in this section.

8 At the end of section 29

Add:

Family relationships

(5) For the purposes of paragraph (a) of the definition of near relative

in subsection (4), if one person is the child of another person

because of the definition of child in that subsection, relationships

traced to or through the person are to be determined on the basis

that the person is the child of the other person.

Australian Federal Police Act 1979

9 At the end of section 42F

Add:

(3) For the purposes of paragraph (2)(e), family relationships are taken

to include the following (without limitation):

(a) relationships between de facto partners (within the meaning

of the Acts Interpretation Act 1901);

(b) relationships of child and parent that arise if someone is the

child of a person because of the definition of child in this

section;

paragraphs (a) and (b).

Schedule 2 Attorney-General

Part 2 A mend ment of other Acts

12 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law

Reform) Bill 2008 No. , 2008

(4) In this section:

child: without limiting who is a child of a person for the purposes

of this Act, someone is the child of a person if he or she is the

product of a relationship the person has or had as a couple with

another person (whether of the same sex or a different sex). For

this purpose, someone cannot be the product of a relationship

unless he or she is the biological child of at least one of the persons

in the relationship or was born to a woman in the relationship.

10 Application

The amendment of the Australian Federal Police Act 1979 made by this

Part applies in relation to an application for an order under Part VA of

that Act made on or after the commencement of this item.

Bankruptcy Act 1966

11 Subsection 5(1) (definition of child)

Repeal the definition, substitute:

child: without limiting who is a child of a person for the purposes

of this Act, each of the following is the child of a person:

(a) an adopted child, stepchild or exnuptial child of the person;

(b) someone who is the product of a relationship the person has

or had as a couple with another person (whether of the same

sex or a different sex).

For the purposes of paragraph (b), someone cannot be the product

of a relationship unless he or she is the biological child of at least

one of the persons in the relationship or was born to a woman in

the relationship.

12 Subsection 5(1) (definition of close relative)

Omit "de facto spouse", substitute "de facto partner".

13 Subsection 5(1)

Insert:

de facto partner has the meaning given by the Acts Interpretation

Act 1901.

14 Subsection 5(1) (definition of de facto spouse)

Attorney-General Schedule 2

Amend ment of other Acts Part 2

Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill

2008 No. , 2008 13

Repeal the definition.

15 Subsection 5(1) (definition of parent)

Repeal the definition, substitute:

parent: a person is the parent of anyone who is the person's child.

16 Subsection 5(1) (paragraph (g) of the definition of related

entity)

After "spouse", insert ", or de facto partner,".

17 Subsection 5(1) (definition of relative)

Omit "de facto spouse", substitute "de facto partner".

18 Subsection 5(1)

Insert:

stepchild: without limiting who is a stepchild of a person for the

purposes of this Act, someone is the stepchild of a person if he or

she would be the person's stepchild except that the person is not

legally married to the person's de facto partner.

19 At the end of section 5

Add:

(6) For the purposes of this Act, the members of a person's family are

taken to include the following (without limitation):

(a) a de facto partner of the person;

(b) someone who is the child of the person, or of whom the

person is the child, because of the definition of child in this

section;

someone mentioned in paragraph (a) or (b) is taken to be a

member of the person's family.

20 Paragraphs 60(4)(a) and (b)

After "spouse", insert "or de facto partner".

21 At the end of subsection 60(4)

Add:

Schedule 2 Attorney-General

Part 2 A mend ment of other Acts

14 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law

Reform) Bill 2008 No. , 2008

Note:

See also subsection 5(6).

22 Subparagraphs 116(2)(d)(i) and (2)(g)(i) and (ii)

After "spouse", insert "or de facto partner".

23 At the end of paragraph 116(2)(g)

Add:

Note:

See also subsection 5(6).

24 Paragraph 116(2)(r)

Omit "de facto spouse", substitute "de facto partner".

25 Paragraphs 120(5)(b) and (c)

Omit "de facto spouse", substitute "de facto partner".

26 Paragraph 120(5)(f)

Omit "de facto spouse", substitute "de facto partner".

27 Paragraphs 121(6)(b) and (c)

Omit "de facto spouse", substitute "de facto partner".

28 Paragraph 121(6)(f)

Omit "de facto spouse", substitute "de facto partner".

29 Paragraph 134(1)(ma)

After "spouse", insert "or de facto partner".

30 At the end of paragraph 134(1)(ma)

Add:

Note:

See also subsection 5(6).

31 Section 139K (definition of spouse)

Omit "de facto spouse", substitute "de facto partner".

32 At the end of subsection 265(2)

Add:

Note:

See also subsection 5(6).

Attorney-General Schedule 2

Amend ment of other Acts Part 2

Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill

2008 No. , 2008 15

33 At the end of subsection 268(6)

Add:

Note:

See also subsection 5(6).

Crimes Act 1914

34 Subsection 3(1)

Insert:

child: without limiting who is a child of a person for the purposes

of this Act, someone is the child of a person if he or she is the

product of a relationship the person has or had as a couple with

another person (whether of the same sex or a different sex). For

this purpose, someone cannot be the product of a relationship

unless he or she is the biological child of at least one of the persons

in the relationship or was born to a woman in the relationship.

35 Subsection 3(1)

Insert:

de facto partner has the meaning given by the Acts Interpretation

Act 1901.

36 Subsection 3(1)

Insert:

parent: without limiting who is a parent of a person for the

purposes of this Act, someone (the adult) is the parent of a person

if:

(a) the adult is legally entitled to, and has, custody of the person;

(b) the adult is legally responsible for the day-to-day care,

welfare and development of the person and has the person in

his or her care; or

(i) the person is the adult's child because of the definition

of child in this section;

(ii) the person is not the adult's biological or adopted child;

(iii) there is no order of a court that stops the adult being

legally entitled to custody of the person;

Schedule 2 Attorney-General

Part 2 A mend ment of other Acts

16 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law

Reform) Bill 2008 No. , 2008

(iv) the person is in the adult's custody; or

(d) all of the following apply:

(i) the person is the adult's child because of the definition

of child in this section;

(ii) the person is not the adult's biological or adopted child;

(iii) there is no order of a court that stops the adult being

legally responsible for the day-to-day care, welfare and

development of the person;

(iv) the adult has the person in his or her care.

37 Subsection 3(1)

Insert:

relative has a meaning affected by subsection (3).

38 At the end of section 3

Add:

(3) For the purposes of this Act, the relatives of a person are taken to

include the following (without limitation):

(a) a de facto partner of the person;

(b) someone who is the child of the person, or of whom the

person is the child, because of the definition of child in this

section;

mentioned in paragraph (a) or (b) is taken to be a relative of

the person.

39 At the end of section 16A

Add:

(4) For the purposes of a reference in this section to a family, the

members of a person's family are taken to include the following

(without limitation):

(a) a de facto partner of the person;

(b) someone who is the child of the person, or of whom the

person is the child, because of the definition of child in

section 3;

Attorney-General Schedule 2

Amend ment of other Acts Part 2

Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill

2008 No. , 2008 17

someone mentioned in paragraph (a) or (b) is taken to be a

member of the person's family.

40 Subsection 23WA(1) (definition of parent)

Repeal the definition.

Crimes (Superannuation Benefits) Act 1989

41 At the end of section 10

Add:

(3) For the purposes of paragraph (2)(e), family relationships are taken

to include the following (without limitation):

(a) relationships between de facto partners (within the meaning

of the Acts Interpretation Act 1901);

(b) relationships of child and parent that arise if someone is the

child of a person because of the definition of child in this

section;

paragraphs (a) and (b).

(4) In this section:

child: without limiting who is a child of a person for the purposes

of this section, someone is the child of a person if he or she is the

product of a relationship the person has or had as a couple with

another person (whether of the same sex or a different sex). For

this purpose, someone cannot be the product of a relationship

unless he or she is the biological child of at least one of the persons

in the relationship or was born to a woman in the relationship.

42 Application

The amendment of the Crimes (Superannuation Benefits) Act 1989

made by this Part applies in relation to an application for a

superannuation order or a restraining order made on or after the

commencement of this item.

Customs Act 1901

43 Subsection 4(1)

Schedule 2 Attorney-General

Part 2 A mend ment of other Acts

18 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law

Reform) Bill 2008 No. , 2008

Insert:

child: without limiting who is a child of a person for the purposes

of this Act, each of the following is the child of a person:

(a) an adopted child or exnuptial child of the person;

(b) someone who is the product of a relationship the person has

or had as a couple with another person (whether of the same

sex or a different sex).

For the purposes of paragraph (b), someone cannot be the product

of a relationship unless he or she is the biological child of at least

one of the persons in the relationship or was born to a woman in

the relationship.

44 Subsection 4(1)

Insert:

parent: without limiting who is a parent of a person for the

purposes of this Act, someone is the parent of a person if the

person is his or her child because of the definition of child in this

subsection.

45 After section 4

Insert:

4AAA Members of family

For the purposes of this Act, the members of a person's family are

taken to include the following (without limitation):

(a) a de facto partner of the person (within the meaning of the

Acts Interpretation Act 1901);

(b) someone who is the child of the person, or of whom the

person is the child, because of the definition of child in

section 4;

someone mentioned in paragraph (a) or (b) is taken to be a

member of the person's family.

46 Subparagraph 154(3)(a)(i)

Repeal the subparagraph, substitute:

(i) they are members of the same family; or

Attorney-General Schedule 2

Amend ment of other Acts Part 2

Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill

2008 No. , 2008 19

47 At the end of subsection 154(3)

Add:

Note:

In relation to the reference to member of a family in

subparagraph (3)(a)(i), see also section 4AAA.

48 At the end of sections 219ZJB and 219ZJC

Add:

Note:

In relation to references in this section to family member, see also

section 4AAA.

49 At the end of section 243AB

Add:

(3) For the purposes of paragraph (2)(e), family relationships are taken

to include (without limitation) relationships between persons

covered by section 4AAA.

50 Subparagraph 269TAA(4)(a)(i)

Repeal the subparagraph, substitute:

(i) they are members of the same family; or

51 At the end of subsection 269TAA(4)

Add:

Note:

In relation to the reference to member of a family in

subparagraph (4)(a)(i), see also section 4AAA.

52 Application

Amendments of section 154

(1)

The amendments of section 154 of the Customs Act 1901 made by this

Part apply in relation to goods imported into Australia on or after the

commencement of this item.

Amendments affecting Part XIII

(2)

The amendments of Part I of the Customs Act 1901 made by this Part

apply in relation to proceedings instituted under section 243B of that

Act on or after the commencement of this item.

Schedule 2 Attorney-General

Part 2 A mend ment of other Acts

20 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law

Reform) Bill 2008 No. , 2008

(3)

Subitem (2) does not limit the operation of the amendments of Part I of

the Customs Act 1901 made by this Part in relation to other provisions

of that Act.

High Court Justices (Long Leave Payments) Act 1979

53 Paragraphs 5(2)(a) and (b)

Omit "widow or widower" (wherever occurring), substitute "surviving

spouse or de facto partner".

54 After subsection 5(2)

Insert:

(2A) If an amount is payable under paragraph (2)(a) and the Justice

leaves more than one surviving spouse or de facto partner, the

Attorney-General may give a direction as to the distribution of the

amount between or among them.

55 At the end of section 5

Add:

(5) In this section:

surviving spouse or de facto partner of a Justice who has died

means a person who was the spouse or de facto partner (within the

meaning of the Acts Interpretation Act 1901) of the Justice

immediately before he or she died.

56 Application

The amendments of the High Court Justices (Long Leave Payments) Act

1979 made by this Part apply in respect of a Justice who dies on or after

the commencement of this item.

Judges (Long Leave Payments) Act 1979

57 Paragraphs 5(2)(a) and (b)

Omit "widow or widower" (wherever occurring), substitute "surviving

spouse or de facto partner".

58 After subsection 5(2)

Attorney-General Schedule 2

Amend ment of other Acts Part 2

Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill

2008 No. , 2008 21

Insert:

(2A) If an amount is payable under paragraph (2)(a) and the Judge

leaves more than one surviving spouse or de facto partner, the

Attorney-General may give a direction as to the distribution of the

amount between or among them.

59 At the end of section 5

Add:

(5) In this section:

surviving spouse or de facto partner of a Judge who has died

means a person who was the spouse or de facto partner (within the

meaning of the Acts Interpretation Act 1901) of the Judge

immediately before he or she died.

60 Application

The amendments of the Judges (Long Leave Payments) Act 1979 made

by this Part apply in respect of a Judge who dies on or after the

commencement of this item.

Passenger Movement Charge Collection Act 1978

61 Section 3 (definition of child)

Repeal the definition, substitute:

child: without limiting who is a child of a person for the purposes

of this Act, each of the following who is under 18 years old is the

child of a person:

(a) an adopted child, stepchild or exnuptial child of the person;

(b) someone who is the product of a relationship the person has

or had as a couple with another person (whether of the same

sex or a different sex).

For the purposes of paragraph (b), someone cannot be the product

of a relationship unless he or she is the biological child of at least

one of the persons in the relationship or was born to a woman in

the relationship.

62 Section 3

Insert:

Schedule 2 Attorney-General

Part 2 A mend ment of other Acts

22 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law

Reform) Bill 2008 No. , 2008

de facto partner has the meaning given by the Acts Interpretation

Act 1901.

63 Section 3 (definition of spouse)

Repeal the definition, substitute:

spouse of a person includes a de facto partner of the person.

64 Section 3

Insert:

stepchild: without limiting who is a stepchild of a person for the

purposes of this Act, someone is the stepchild of a person if he or

she would be the person's stepchild except that the person is not

legally married to the person's de facto partner.

Proceeds of Crime Act 2002

65 Paragraphs 180(1)(c) and 181(1)(c)

Omit "(including de facto spouse)", substitute "or

de facto partner".

66 At the end of section 337

Add:

(6) For the purposes of this section, family relationships are taken to

include the following (without limitation):

(a) relationships between

de facto partners;

(b) relationships of child and parent that arise if someone is the

child of a person because of the definition of child in

section 338;

paragraphs (a) and (b).

67 Section 338

Insert:

child: without limiting who is a child of a person for the purposes

of this Act, someone is the child of a person if he or she is the

product of a relationship the person has or had as a couple with

another person (whether of the same sex or a different sex). For

this purpose, someone cannot be the product of a relationship

Attorney-General Schedule 2

Amend ment of other Acts Part 2

Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill

2008 No. , 2008 23

unless he or she is the biological child of at least one of the persons

in the relationship or was born to a woman in the relationship.

68 Section 338

Insert:

de facto partner has the meaning given by the Acts Interpretation

Act 1901.

69 Section 338 (paragraph (a) of the definition of dependant)

Omit "de facto partner", substitute "

de facto partner".

70 Section 338 (paragraph (b) of the definition of dependant)

Omit "child", substitute "

child".

71 Section 338

Insert:

parent: without limiting who is a parent of a person for the

purposes of this Act, someone is the parent of a person if the

person is his or her child because of the definition of child in this

section.

72 Application

The amendments of the Proceeds of Crime Act 2002 made by this Part

apply in relation to a proceeding under that Act instituted on or after the

commencement of this item.

Service and Execution of Process Act 1992

73 Section 95

Insert:

child: without limiting who is a child of a person for the purposes

of this Act, someone is the child of a person if he or she is the

product of a relationship the person has or had as a couple with

another person (whether of the same sex or a different sex). For

this purpose, someone cannot be the product of a relationship

unless he or she is the biological child of at least one of the persons

in the relationship or was born to a woman in the relationship.

Schedule 2 Attorney-General

Part 2 A mend ment of other Acts

24 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law

Reform) Bill 2008 No. , 2008

74 Section 95

Insert:

parent: without limiting who is a parent of a person for the

purposes of this Act, someone is the parent of a person if the

person is his or her child because of the definition of child in this

subsection.

75 At the end of section 96

Add:

(5) For the purposes of this section, the members of a person's family

are taken to include the following (without limitation):

(a) a de facto partner of the person (within the meaning of the

Acts Interpretation Act 1901);

(b) someone who is the child of the person, or of whom the

person is the child, because of the definition of child in

section 3;

someone mentioned in paragraph (a) or (b) is taken to be a

member of the person's family.

Sex Discrimination Act 1984

76 Subsection 4A(2) (definition of child)

Repeal the definition, substitute:

child: without limiting who is a child of a person for the purposes

of this section, each of the following is the child of a person:

(a) an adopted child, stepchild or exnuptial child of the person;

(b) someone who is the product of a relationship the person has

or had as a couple with another person (whether of the same

sex or a different sex).

For the purposes of paragraph (b), someone cannot be the product

of a relationship unless he or she is the biological child of at least

one of the persons in the relationship or was born to a woman in

the relationship.

77 Subsection 4A(2)

Insert:

Attorney-General Schedule 2

Amend ment of other Acts Part 2

Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill

2008 No. , 2008 25

de facto partner has the meaning given by the Acts Interpretation

Act 1901.

78 Subsection 4A(2)

Insert:

parent: without limiting who is a parent of a person for the

purposes of this section, someone is the parent of a person if the

person is his or her child because of paragraph (b) of the definition

of child in this subsection.

79 Subsection 4A(2) (definition of spouse)

Repeal the definition, substitute:

spouse includes a former spouse, a de facto partner and a former

de facto partner.

80 Subsection 4A(2)

Insert:

stepchild: without limiting who is a stepchild of a person for the

purposes of this section, someone is the stepchild of the person if

he or she would be the person's stepchild except that the person is

not legally married to the partner.

81 At the end of section 4A

Add:

(3) For the purposes of this section, if one person is the child of

another person because of paragraph (b) of the definition of child

in subsection (2), relationships traced to or through the person are

to be determined on the basis that the person is the child of the

other person.

82 After subsection 9(10)

Insert:

(10A) Subsection 14(3A) has effect in relation to discrimination

involving dismissal of employees on the ground of family

responsibilities, to the extent that the subsection gives effect to any

of the following instruments:

Schedule 2 Attorney-General

Part 2 A mend ment of other Acts

26 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law

Reform) Bill 2008 No. , 2008

(a) the International Covenant on Civil and Political Rights done

at New York on 16 December 1966 [1980] ATS 23 (a copy

of the English text of which is set out in Schedule 2 to the

Human Rights and Equal Opportunity Commission Act

1986);

(b) the International Covenant on Economic, Social and Cultural

Rights done at New York on 16 December 1966 [1976] ATS

respect of Employment and Occupation done at Geneva on

25 June 1958 [1974] ATS 12 (a copy of the English text of

which is set out in Schedule 1 to the Human Rights and

Equal Opportunity Commission Act 1986);

(d) the Convention on the Rights of the Child done at New York

on 20 November 1989 [1991] ATS 4.

Note:

In 2008, the text of international agreements in the Australian

Treaty Series was accessible through the Australian Treaties

Library on the AustLII website (www.austlii.edu.au).

83 At the end of subsection 10(1)

Add "or (10A)".

84 After section 11

Insert:

11A Operation of State and Te rritory laws that further objects of

other instrume nts

(1) A reference in this section to this Act is a reference to this Act as it

has effect because of subsection 9(10A).

(2) A reference in this section to a law of a State or Territory is a

reference to a law of a State or Territory that deals with

discrimination involving dismissal of employees on the ground of

family responsibilities.

(3) This Act is not intended to exclude or limit the operation of a law

of a State or Territory that furthers the objects of a relevant

instrument and is capable of operating concurrently with this Act.

(4) If:

Attorney-General Schedule 2

Amend ment of other Acts Part 2

Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill

2008 No. , 2008 27

(a) a law of a State or Territory that furthers the objects of a

relevant instrument deals with a matter dealt with by this Act;

and

(b) a person has made a complaint, instituted a proceeding or

taken any other action under that law in respect of an act or

omission in respect of which the person would, but for this

subsection, have been entitled to make a complaint under the

Human Rights and Equal Opportunity Commission Act 1986

alleging that the act or omission is unlawful under subsection

14(3A) of this Act;

the person is not entitled to make a complaint or institute a

proceeding under the Human Rights and Equal Opportunity

Commission Act 1986 alleging that the act or omission is unlawful

under that subsection.

(5) If:

(a) a law of a State or Territory that furthers the objects of a

relevant instrument deals with a matter dealt with by this Act;

and

(b) an act or omission by a person that constitutes an offence

against that law also constitutes an offence against this Act;

the person may be prosecuted and convicted either under that law

of the State or Territory or under this Act, but nothing in this

subsection renders a person liable to be punished more than once in

respect of the same act or omission.

(6) In this section:

relevant instrument means an instrument referred to in subsection

9(10A).

Witness Protection Act 1994

85 Section 3

Insert:

parent: without limiting who is a parent of anyone for the purposes

of this Act, a person is the parent of another person if the other

person is the product of a relationship the person has or had as a

couple with a third person (whether of the same sex or a different

sex). For this purpose, the other person cannot be the product of the

relationship unless he or she is the biological child of at least one

Attorney-General Schedule 2

Regulations Part 3

Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill

2008 No. , 2008 29

Part 3

Regulations

86 Regulations may deal with transitional, saving or

application matters

The Governor-General may make regulations prescribing matters of a

transitional nature (including prescribing any saving or application

provisions) relating to amendments and repeals made by this Schedule

or any other Schedule to this Act.

Schedule 3 Broadband, Co mmunications and the Digital Econo my

30 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law

Reform) Bill 2008 No. , 2008

Schedule 3

Broadband, Communications

and the Digital Economy

Australian Postal Corporation Act 1989

1 At the end of subsection 90K(2)

Add:

Note:

See also subclause (2).

17 At the end of clause 2 of the Schedule

Add:

(2) For the purposes of paragraphs (c), (d) and (e) of the definition of

relative in subclause (1), if one person is the child of another

person because of the definition of child in that subclause,

relationships traced to or through the person are to be determined

on the basis that the person is the child of the other person.

18 Transitional provision

(1)

For the purposes of sections 8BI and 8BJ of the Telstra Corporation Act

1991, if:

(a) apart from this subitem, an unacceptable foreign-ownership

situation would exist on the day on which the amendments of

that Act made by this Schedule commence; and

(b) the situation would exist only because of the amendments;

the situation is, during the period of 6 months starting on the day on

which the amendments commence, taken not to exist for so long as it

would otherwise have existed.

(2)

If:

(a) on the day on which the amendments of the Telstra

Corporation Act 1991 made by this Schedule commence, a

person would, apart from this subitem, be required by

regulations made for the purposes of section 8BN of that Act

to do something in relation to an ownership matter; and

(b) the person would not have been required to do that thing if

the amendments had not been made;

Defence Schedule 4

Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill

2008 No. , 2008 35

Schedule 4

Defence

Defence Force (Home Loans Assistance) Act 1990

1 Section 3

Before "In this Act", insert "(1)".

2 Section 3 (definition of child)

Repeal the definition, substitute:

child: without limiting who is a child of a person for the purposes

of this Act, someone is the child of a person if:

(a) he or she is:

(i) a legally adopted child or a stepchild of the person; or

(ii) the product of a relationship the person has or had as a

couple with another person (whether of the same sex or

a different sex); and

(b) he or she is:

(i) under 16; or

(ii) a student.

Note:

See also subclause (2).

14 At the end of clause 33 of Schedule 2

Add:

(2) For the purposes of paragraphs (c), (d) and (e) of the definition of

relative in subclause (1), if one person is the child of another

person because of the definition of child in this Part, relationships

traced to or through the person are to be determined on the basis

that the person is the child of the other person.

15 Transitional provision

(1)

For the purposes of clauses 29 and 30 of Schedule 2 of the Medibank

Private Sale Act 2006, if:

(a) apart from this subitem, an unacceptable ownership situation

would exist in relation to a Medibank Private company on the

day on which the amendments of that Act made by this

Schedule commence; and

(b) that situation would exist only because of the amendments;

Schedule 7 Finance and Deregulation

Part 1 General amendments

76 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law

Reform) Bill 2008 No. , 2008

the situation is, during the period of 6 months starting on the day on

which the amendments commence, taken not to exist for so long as it

would otherwise have existed.

(2)

If:

(a) on the day on which the amendments of the Medibank

Private Sale Act 2006 made by this Schedule commence, a

person would, apart from this subitem, be required by

regulations made for the purposes of clause 32 of Schedule 2

to that Act to do something in relation to an ownership

matter; and

(b) the person would not be required to do that thing if the

amendments had not been made;

the person is, during the period of 6 months starting on the day on

which the amendments commence, taken not to be required to do that

thing for so long as the person would otherwise have been required to

do that thing.

Members of Parliament (Life Gold Pass) Act 2002

16 Section 3

Omit:

(a) spouses of pass-holders; and

(b) the widows and widowers of deceased

pass-holders; and

the qualifying period for the issue of a Life Gold

Pass.

substitute:

(a) spouses or de facto partners of pass-holders; and

(b) surviving spouses or de facto partners of deceased

pass-holders; and

Finance and Deregulation Schedule 7

General amendments Part 1

Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill

2008 No. , 2008 77

who have satisfied the qualifying period for the

issue of a Life Gold Pass.

17 Section 4

Insert:

de facto partner of a person has the meaning given by the Acts

Interpretation Act 1901.

18 Section 4

Insert:

surviving spouse or de facto partner of a person who has died

means a spouse or de facto partner of the person immediately

before the person died who:

(a) was named in a nomination in force under section 9B; or

(b) if the person died while a member and satisfied the relevant

qualifying period for the issue of a Life Gold Pass before his

or her death--was named in a nomination in force for the

purposes of a travel entitlement administered by the

Department; or

nominations in force under paragraphs (a) and (b)--the

spouse or de facto partner named in the most recent

nomination.

19 Section 4 (definition of widow)

Repeal the definition.

20 Section 4 (definition of widower)

Repeal the definition.

21 Subsection 9(2)

Omit "widow or widower", substitute "surviving spouse or de facto

partner".

Note:

The heading to subsection 9(2) is replaced by the heading "Surviving spouse or de facto

partner".

22 Paragraphs 9(3)(a) and (b)

Schedule 7 Finance and Deregulation

Part 1 General amendments

78 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law

Reform) Bill 2008 No. , 2008

Omit "widow or widower", substitute "surviving spouse or de facto

partner".

23 Subsection 9(4)

Omit "widow or widower" (wherever occurring), substitute "surviving

spouse or de facto partner".

24 At the end of Part 1

Add:

9A Entitlement of spouses and de facto partners

(1) In order for a spouse or de facto partner of a person to be entitled

to domestic return trips under this Act, there must be a nomination

in force under section 9B in relation to the spouse or de facto

partner.

(2) Only one spouse or de facto partner of a person may be nominated

at any time.

9B Nomination of spouse or de facto partne r

(1) A person who has a spouse or de facto partner may nominate the

spouse or de facto partner as the spouse or de facto partner who is

entitled to domestic return trips under this Act.

(2) The nomination must:

(a) be in writing; and

(b) name the spouse or de facto partner; and

de facto partner is to be entitled to domestic return trips under

this Act.

(3) The start day may be earlier than the day the nomination is made

but must not be earlier than the day on which the spouse or de facto

partner became the spouse or de facto partner of the person.

(4) The nomination is in force during the period:

(a) beginning on the start day; and

(b) ending on the earlier of:

(i) the day the person makes a written revocation of the

nomination; or

Finance and Deregulation Schedule 7

General amendments Part 1

Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill

2008 No. , 2008 79

(ii) if the person makes a subsequent nomination naming

another spouse or de facto partner of the person--the

day before the start day for the subsequent nomination.

(5) If the start day for a subsequent nomination naming another spouse

or de facto partner of a person includes a period during which a

previously nominated spouse or de facto partner of the person took

one or more domestic return trips, then, despite section 9A, the

previously nominated spouse or de facto partner is taken to have

been entitled to those domestic return trips.

Note:

Under section 14, the total trips that may be taken by the subsequently

nominated spouse or de facto partner in the year in which the start day

occurs cannot exceed the number of trips left untaken in that year by

the previously nominated spouse or de facto partner.

25 Subsection 10(1) (column 1 of table item 2)

After "spouse", insert "or de facto partner".

26 Subsection 10(1) (table item 3)

Omit "widow or widower", substitute "surviving spouse or de facto

partner".

27 Subsection 10(3)

After "spouse", insert "or de facto partner".

28 Subsection 11(2) (column 1 of table item 2)

After "spouse", insert "or de facto partner".

29 Subsection 11(2) (table items 3, 4 and 5)

Omit "widow or widower", substitute "surviving spouse or de facto

partner".

30 Part 4 (heading)

Repeal the heading, substitute:

Part 4--Spouses or de facto partners of sitting

members

31 Subsection 12(2) (column 1 of table items 1, 2 and 3)

After "spouse", insert "or de facto partner".

Schedule 7 Finance and Deregulation

Part 1 General amendments

80 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law

Reform) Bill 2008 No. , 2008

Note:

The heading to section 12 is altered by inserting "or de facto partners" after

"Spouses".

32 Section 13

After "spouse", insert "or de facto partner".

33 Subsection 14(1) (column 3 table heading)

Omit "using the pro-rating formula in", substitute "under".

34 Subsection 14(1) (column 1 of table item 2)

After "spouse", insert "or de facto partner".

35 Subsection 14(1) (column 2 of table item 2)

Omit "events".

36 Subsection 14(1) (column 2 of table item 2)

Omit "the person becomes the spouse of the former member", substitute

"there is a start day for a nomination under section 9B of the person as

the spouse or de facto partner of the former member".

37 Subsection 14(1) (column 3 of table item 2)

Omit "the day on which the person became the spouse of the former

member", substitute "the start day for the nomination under

section 9B".

38 Subsection 14(1) (column 1 of table item 3)

After "spouse", insert "or de facto partner".

39 Subsection 14(1) (column 2 of table item 3)

Omit "events".

40 Subsection 14(1) (column 2 of table item 3)

Omit "the person becomes the spouse of the member", substitute "there

is a start day for a nomination under section 9B of the person as the

spouse or de facto partner of the former member".

41 Subsection 14(1) (column 3 of table item 3)

Omit "the day on which the person became the spouse of the member",

substitute "the start day for the nomination under section 9B".

Finance and Deregulation Schedule 7

General amendments Part 1

Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill

2008 No. , 2008 81

42 Subsection 14(2)

Repeal the subsection, substitute:

Pro-rating of entitlement

(2) The number of domestic return trips for the purposes of the table is

the lower of:

(a) the number of trips worked out using the formula in

subsection (2A); and

(b) the difference between:

(i) the maximum number of trips specified in the relevant

item of the table in Part 2, 3 or 4 for a spouse or de facto

partner of the member or former member; and

(ii) the number of trips (if any) already taken in the year by

a spouse or de facto partner of the member or former

member previously nominated under section 9B.

(2A) For the purposes of paragraph (2)(a), the formula is:

Number of domestic

Number of days in the remaining period

return trips specified

365

in the item

where:

remaining period means the period:

(a) beginning on the day worked out using the table; and

(b) ending at the end of the year.

43 Subsection 19(1) (table item 2)

After "spouse" (wherever occurring), insert "or de facto partner".

44 Section 21

Omit "widow or widower" (wherever occurring), substitute "surviving

spouse or de facto partner".

45 Sections 22, 23 and 24

After "spouse" (wherever occurring), insert "or de facto partner".

Note:

The headings to sections 22, 23 and 24 are altered by inserting "or de facto partner"

after "spouse".

46 Subsection 28(2)

Schedule 7 Finance and Deregulation

Part 1 General amendments

82 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law

Reform) Bill 2008 No. , 2008

Omit "widow or widower", substitute "surviving spouse or de facto

partner".

47 Paragraph 29(1)(b)

After "spouse", insert "or de facto partner".

48 Transitional and application provision for amendments of

the Members of Parliament (Life Gold Pass) Act 2002

Spouses entitled before commencement

(1)

If, immediately before the commencement of the amendments of the

Members of Parliament (Life Gold Pass) Act 2002 made by this

Schedule, the spouse of a person was entitled to domestic return trips

under that Act, the following provisions of that Act apply as if the

spouse were nominated under section 9B of that Act:

(a) sections 9A and 9B;

(b) the definition of surviving spouse or de facto partner in

section 4.

(2)

Subitem (1) does not prevent a person from revoking a nomination, or

giving a subsequent nomination, under section 9B of that Act.

Spouses or de facto partners who become entitled on

commencement

(3)

If:

(a) on or after the commencement of the amendments of the

Members of Parliament (Life Gold Pass) Act 2002 made by

this Schedule, a person makes a nomination under section 9B

of that Act; and

(b) the nomination names someone who was the spouse or

de facto partner of the person on the day on which the

amendments commenced;

the start day for the nomination cannot be earlier than the day on which

the amendments commenced.

Application of amendments to surviving spouses or de facto

partners

(4)

The amendments of the Members of Parliament (Life Gold Pass) Act

2002 made by this Schedule apply in relation to entitlements to

Finance and Deregulation Schedule 7

General amendments Part 1

Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill

2008 No. , 2008 83

domestic return trips for the surviving spouse or de facto partner of a

person if the person's death occurs on or after the commencement of the

amendments.

Application of amendments to widows and widowers

(5)

If, immediately before the commencement of the amendments of the

Members of Parliament (Life Gold Pass) Act 2002 made by this

Schedule, a person was the widow of a deceased man or the widower of

a deceased woman within the meaning of that Act, the person is, after

commencement, taken to be the surviving spouse or de facto partner of

the man or woman within the meaning of that Act as amended.

Parliamentary Entitlements Act 1990

49 Section 3

Before "In this Act", insert "(1)".

50 Section 3 (subparagraph (a)(ii) of the definition of

dependent child)

Repeal the subparagraph, substitute:

(ii) is covered by subsection (2); or

(iii) is covered by subsection (3); or

51 Section 3 (definition of spouse)

Repeal the definition, substitute:

spouse of a member includes a de facto partner of the member

within the meaning of the Acts Interpretation Act 1901.

52 At the end of section 3

Add:

(2) For the purposes of subparagraph (a)(ii) of the definition of

dependent child in subsection (1), a person under 16 is covered by

this subsection if:

(a) the Officer does not have a legal right to custody, care and

control of the person, otherwise than because an order of a

court stops the Officer having that right; and

Schedule 7 Finance and Deregulation

Part 1 General amendments

84 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law

Reform) Bill 2008 No. , 2008

(b) the person is the product of a relationship the Officer has or

had as a couple with another person (whether of the same sex

or a different sex); and

For the purposes of paragraph (b), the person under 16 cannot be

the product of the relationship unless he or she is the biological

child of at least one of the Officer or the other person or was born

to a woman in the relationship.

(3) For the purposes of subparagraph (a)(iii) of the definition of

dependent child in subsection (1), a person under 16 (the child) is

covered by this subsection if:

(a) there is no person who has the custody, care and control of

the child; and

(b) there is no Officer in relation to whom the child is a

dependent child because of being covered by subsection (2);

and

were an Officer, the child would be a dependent child

because of being covered by subsection (2); and

(d) the child is wholly or substantially in the care and control of

the Officer.

Finance and Deregulation Schedule 7

Superannuation amendments (general) Part 2

Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill

2008 No. , 2008 85

Part 2

Superannuation amendments (general)

Superannuation Act 1976

53 Paragraph 51(6)(a)

After "spouse", insert ", or de facto partner within the meaning of the

Acts Interpretation Act 1901,".

54 Subparagraph 51A(1)(b)(i)

After "spouse", insert ", or de facto partner within the meaning of the

Acts Interpretation Act 1901,".

55 Application of amendments of the Superannuation Act

1976

An amendment of the Superannuation Act 1976 made by this Schedule

(whether Part 2, 3 or 4) applies in relation to leave commencing on or

after the amendment commences.

Schedule 7 Finance and Deregulation

Part 3 Superannuation amend ments if same-sex superannuation amendments

commence earlier

86 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law

Reform) Bill 2008 No. , 2008

Part 3

Superannuation amendments if same-sex

superannuation amendments commence

earlier

Superannuation Act 1976

56 At the end of section 51

Add:

(7) The reference in paragraph (6)(a) to the birth of a child of the

person includes a reference to the birth of a child who is the

product of a relationship the person has or had with a partner

(whether of the same sex or a different sex).

Note:

Subsection 3(10) is relevant to working out if a child is the product of

the relationship for the purposes of subsection (7).

57 At the end of section 51A

Add:

(8) The reference in subparagraph (1)(b)(i) to the birth of a child of a

person includes a reference to the birth of a child who is the

product of a relationship the person has or had with a partner

(whether of the same sex or a different sex).

Note:

Subsection 3(10) is relevant to working out if a child is the product of

the relationship for the purposes of subsection (8).

Finance and Deregulation Schedule 7

Superannuation amendments if same-sex superannuation amendments commence later

Part 4

Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill

2008 No. , 2008 87

Part 4

Superannuation amendments if same-sex

superannuation amendments commence

later

Superannuation Act 1976

58 At the end of section 51

Add:

(7) The reference in paragraph (6)(a) to the birth of a child of the

person includes a reference to the birth of a child who is the

product of a relationship the person has or had as a couple with

another person (whether of the same sex or a different sex). For

this purpose, the child cannot be the product of the relationship

unless he or she is the biological child of at least one of the persons

or was born to a woman in the relationship.

59 Subsection 51(7)

Repeal the subsection, substitute:

(7) The reference in paragraph (6)(a) to the birth of a child of the

person includes a reference to the birth of a child who is the

product of a relationship the person has or had with a partner

(whether of the same sex or a different sex).

Note:

Subsection 3(10) is relevant to working out if a child is the product of

the relationship for the purposes of subsection (7).

60 At the end of section 51A

Add:

(8) The reference in subparagraph (1)(b)(i) to the birth of a child of a

person includes a reference to the birth of a child who is the

product of a relationship the person has or had as a couple with

another person (whether of the same sex or a different sex). For

this purpose, the child cannot be the product of the relationship

unless he or she is the biological child of at least one of the persons

or was born to a woman in the relationship.

61 Subsection 51A(8)

Schedule 7 Finance and Deregulation

Part 4 Superannuation amend ments if same-sex superannuation amendments

commence later

88 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law

Reform) Bill 2008 No. , 2008

Repeal the subsection, substitute:

(8) The reference in subparagraph (1)(b)(i) to the birth of a child of a

person includes a reference to the birth of a child who is the

product of a relationship the person has or had with a partner

(whether of the same sex or a different sex).

Note:

Subsection 3(10) is relevant to working out if a child is the product of

the relationship for the purposes of subsection (8).

Foreign Affairs and Trade Schedule 8

Amend ment commencing on 1 Ju ly 2009 Part 1

Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill

2008 No. , 2008 89

Schedule 8

Foreign Affairs and Trade

Part 1

Amendment commencing on 1 July 2009

Australian Passports Act 2005

1 After paragraph 53(3)(c)

Insert:

(ca) the name on a certificate, entry or record relating to the

registration of the person's relationship with another person,

being a certificate, entry or record:

(i) issued or made under, or for the purposes of, a law of a

State or Territory prescribed for the purposes of

section 22B of the Acts Interpretation Act 1901; and

(ii) relating to a kind of relationship prescribed for the

purposes of that section; and

(iii) issued or made by the Registrar of births, deaths and

marriages (however described) of the State or Territory

concerned; or

Schedule 8 Foreign Affairs and Trade

Part 2 A mend ments commencing on the day after Royal Assent

90 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law

Reform) Bill 2008 No. , 2008

Part 2

Amendments commencing on the day after

Royal Assent

Export Market Development Grants Act 1997

2 List of terms defined in Part 9

Insert the following entry in its appropriate alphabetical position

(determined on a letter-by-letter basis):

child

3 List of terms defined in Part 9

Insert the following entry in its appropriate alphabetical position

(determined on a letter-by-letter basis):

de facto partner

4 List of terms defined in Part 9

Omit "de facto spouse".

5 List of terms defined in Part 9

Insert the following entry in its appropriate alphabetical position

(determined on a letter-by-letter basis):

parent

6 Section 107

Before "In", insert "(1)".

7 Section 107

Insert:

child: without limiting who is a child of an individual for the

purposes of this Act, someone is the child of an individual if he or

she is the product of a relationship the individual has or had as a

couple with another individual (whether of the same sex or a

different sex). For this purpose, someone cannot be the product of

a relationship unless he or she is the biological child of at least one

of the individuals in the relationship or was born to a woman in the

relationship.

Foreign Affairs and Trade Schedule 8

Amend ments commencing on the day after Royal Assent Part 2

Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill

2008 No. , 2008 91

8 Section 107

Insert:

de facto partner of an individual has the meaning given by the Acts

Interpretation Act 1901.

9 Section 107 (definition of de facto spouse)

Repeal the definition.

10 Section 107

Insert:

parent: without limiting who is a parent of an individual for the

purposes of this Act, someone is the parent of an individual if the

individual is his or her child because of the definition of child in

this section.

11 Section 107 (definition of spouse)

Omit "de facto spouse", substitute "de facto partner".

12 At the end of section 107

Add:

(2) For the purposes of paragraph (b) of the definition of relative in

subsection (1), relationships to an individual may also be traced to

or through another individual who is:

(a) a de facto partner of the first individual; or

(b) an exnuptial or adoptive child of the first individual; or

child and parent in this section.

13 Application

The amendments of the Export Market Development Grants Act 1997

made by this Schedule apply in relation to grants in respect of a grant

year commencing on or after 1 July 2009.

Trade Representatives Act 1933

14 Subsection 11(11)

Repeal the subsection, substitute:

Schedule 8 Foreign Affairs and Trade

Part 2 A mend ments commencing on the day after Royal Assent

92 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law

Reform) Bill 2008 No. , 2008

(11) For the purposes of this section, the members of a person's family

are taken to include the following (without limitation):

(a) a de facto partner of the person (within the meaning of the

Acts Interpretation Act 1901);

(b) someone who is the child of the person, or of whom the

person is the child, because of the definition of child in this

section;

someone mentioned in paragraph (a) or (b) is taken to be a

member of the person's family.

(12) In this section:

child: without limiting who is a child of a person for the purposes

of this Act, someone is the child of a person if he or she is the

product of a relationship the person has or had as a couple with

another person (whether of the same sex or a different sex). For

this purpose, someone cannot be the product of a relationship

unless he or she is the biological child of at least one of the persons

in the relationship or was born to a woman in the relationship.

relevant person means:

(a) a Trade Representative; or

(b) an officer appointed under section 10.

Health and Ageing Schedule 9

Amend ments commencing on the day after Royal Assent Part 1

Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill

2008 No. , 2008 93

Schedule 9

Health and Ageing

Part 1

Amendments commencing on the day after

Royal Assent

Prohibition of Human Cloning for Reproduction Act 2002

1 Subsection 8(1) (definition of spouse)

Omit "person who, although not legally married to the person, is living

with the person as the person's spouse on a bona fide domestic basis",

substitute "de facto partner of the person within the meaning of the Acts

Interpretation Act 1901".

Research Involving Human Embryos Act 2002

2 Subsection 7(1) (definition of spouse)

Omit "person who, although not legally married to the person, is living

with the person as the person's spouse on a bona fide domestic basis",

substitute "de facto partner of the person within the meaning of the Acts

Interpretation Act 1901".

Schedule 9 Health and Ageing

Part 2 A mend ments commencing on 1 January 2009

94 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law

Reform) Bill 2008 No. , 2008

Part 2

Amendments commencing on 1 January

2009

Health Insurance Act 1973

3 Subsection 3(1) (sub-subparagraph (f)(v)(A) of the

definition of Australian resident)

After "child", insert "(each having the same meaning as in the

Migration Act 1958)".

4 At the end of section 3

Add:

(18) Someone cannot be the product of the relationship between 2

persons (whether the persons are the same sex or different sexes)

for the purposes of this Act unless he or she is the biological child

of at least one of the persons or was born to a woman in the

relationship.

5 Paragraph 10AA(6)(b)

Repeal the paragraph, substitute:

(b) the person is a dependent child in relation to persons in more

than one registered family.

6 Subsection 10AA(7) (definition of dependent child)

Repeal the definition, substitute:

dependent child, in relation to a person, means:

(a) a child under 16 who is in the custody, care and control of the

person; or

(b) a child under 16:

(i) in relation to whom the person does not have a legal

right to custody, care and control, otherwise than

because an order of a court stops the person having that

right; and

(ii) who is the product of a relationship the person has or

had as a couple with another person (whether of the

same sex or a different sex); and

Health and Ageing Schedule 9

Amend ments commencing on 1 January 2009 Part 2

Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill

2008 No. , 2008 95

(iii) who is in the care and control of the person; or

under paragraph (a) or (b) and who is wholly or substantially

in the care and control of the person;

(d) a student child who is wholly or substantially dependent on

the person.

Note:

Subsection 3(18) is relevant to working out if a child is the product of

the relationship for the purposes of subparagraph (b)(ii) of the

definition of dependent child.

7 Subsection 10AA(7) (paragraph (b) of the definition of

spouse)

Repeal the paragraph, substitute:

(b) a de facto partner of the person who is not living, on a

permanent basis, separately and apart from the person.

8 Subsection 23DZZID(1) (definition of child)

Repeal the definition, substitute:

child: without limiting who is a child of a person for the purposes

of this Part, each of the following is the child of a person:

(a) an adopted child or stepchild of the person;

(b) someone who is the product of a relationship the person has

or had as a couple with another person (whether of the same

sex or a different sex).

Note:

Subsection 3(18) is relevant to working out if someone is the product

of the relationship for the purposes of paragraph (b) of the definition

of child.

9 Subsection 23DZZID(1) (definition of parent)

Repeal the definition, substitute:

parent: a person is the parent of anyone who is the person's child.

10 Subsection 23DZZID(1) (at the end of the definition of

relative)

Add:

Note:

See also subclause (2).

21 At the end of clause 2 of the Schedule

Add:

(2) For the purposes of paragraphs (c), (d) and (e) of the definition of

relative in subclause (1), if one person is the child of another

person because of the definition of child in that subclause,

relationships traced to or through the person are to be determined

on the basis that the person is the child of the other person.

22 Transitional provision

Unacceptable foreign-ownership situation

(1)

For the purposes of sections 42 and 43 of the Airports Act 1996, if:

(a) apart from this subitem, an unacceptable foreign-ownership

situation would exist in relation to an airport-operator

company on the day on which the amendments of that Act

made by this Schedule commence; and

(b) the situation would exist only because of the amendments;

the situation is, during the period of 6 months starting on the day on

which the amendments commence, taken not to exist for so long as it

would otherwise have existed.

Unacceptable airline-ownership situation

(2)

For the purposes of sections 46 and 47 of the Airports Act 1996, if:

(a) apart from this subitem, an unacceptable airline-ownership

situation would exist in relation to an airport-operator

company on the day on which the amendments of that Act

made by this Schedule commence; and

(b) the situation would exist only because of the amendments;

the situation is, during the period of 6 months starting on the day on

which the amendments commence, taken not to exist for so long as it

would otherwise have existed.

Schedule 11 Infrastructure, Transport, Regional Development and Local Govern ment

Part 4 Other amendments

128 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law

Reform) Bill 2008 No. , 2008

Unacceptable cross-ownership situation

(3)

For the purposes of sections 52 and 53 of the Airports Act 1996, if:

(a) apart from this subitem, an unacceptable cross-ownership

situation would exist in relation to a pair of airport-operator

companies on the day on which the amendments of that Act

made by this Schedule commence; and

(b) the situation would exist only because of the amendments;

the situation is, during the period of 6 months starting on the day on

which the amendments commence, taken not to exist for so long as it

would otherwise have existed.

Practical control of an airport-operator company

(4)

If:

(a) the Minister administering the Airports Act 1996 is satisfied,

for the purposes of subparagraph 55(1)(a)(ii) of that Act, that

a person was in a position to exercise control over an

airport-operator company on the day on which the

amendments of that Act made by this Schedule commenced;

and

(b) the person was in that position on that day only because of

the amendments;

the Minister must not make a declaration under section 55 of that Act in

relation to that person and that company during the period of 6 months

starting on the day on which the amendments commence.

Record-keeping

(5)

If:

(a) on the day on which the amendments of the Airports Act

1996 made by this Schedule commence, a person would,

apart from this subitem, be required by regulations made for

the purposes of section 60 of that Act to do something in

relation to an ownership matter; and

(b) the person would not have been required to do that thing if

the amendments had not been made;

the person is, during the period of 6 months starting on the day on

which the amendments commence, taken not to be required to do that

thing for so long as the person would otherwise have been required to

do that thing.

Infrastructure, Transport, Regional Develop ment and Local Govern ment Schedule 11

Other amend ments Part 4

Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill

2008 No. , 2008 129

Navigation Act 1912

23 Subsection 6(1)

Insert:

child: without limiting who is a child of a person for the purposes

of this Act, someone is the child of a person if he or she is the

product of a relationship the person has or had as a couple with

another person (whether of the same sex or a different sex). For

this purpose, someone cannot be the product of a relationship

unless he or she is the biological child of at least one of the persons

in the relationship or was born to a woman in the relationship.

24 Subsection 6(1)

Insert:

de facto partner of a person has the meaning given by the Acts

Interpretation Act 1901.

25 Subsection 6(1)

Insert:

parent: without limiting who is a parent of a person for the

purposes of this Act, someone is the parent of a person if the

person is his or her child because of the definition of child in this

section.

26 Subsection 6(1)

Insert:

stepchild: without limiting who is a stepchild of a person for the

purposes of this Act, someone who is a child of a de facto partner

of the person is the stepchild of the person, if he or she would be

the person's stepchild except that the person is not legally married

to the partner.

27 At the end of section 6

Add:

(8) For the purposes of this Act, members of a person's family are

taken to include the following (without limitation):

Schedule 11 Infrastructure, Transport, Regional Development and Local Govern ment

Part 4 Other amendments

130 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law

Reform) Bill 2008 No. , 2008

(a) a de facto partner of the person;

(b) someone who is the child of the person, or of whom the

person is the child, because of the definition of child in this

section;

because someone mentioned in paragraph (a) or (b) is taken

to be a member of the person's family.

28 At the end of subsection 7(1)

Add:

Note:

In relation to subparagraph (1)(d)(i), see also subsection 6(8).

29 Subparagraph 70(1)(a)(i)

After "husband,", insert "de facto partner,".

30 At the end of section 70

Add:

(5) For the purposes of subparagraph (1)(a)(i), if one person is the

child of another person because of the definition of child in this

Act, relationships traced to or through the person are to be

determined on the basis that the person is the child of the other

person.

31 At the end of subsection 127(1)

Add:

Note:

In relation to paragraph (1)(f), see also subsection 6(8).

32 Subparagraph 156(1)(b)(i)

Omit "be the widow, the widower or", substitute "to have been the

deceased's spouse or de facto partner immediately before the

deceased's death, to be".

33 Application of amendment of section 156

The amendment of section 156 of the Navigation Act 1912 made by this

Schedule applies in relation to a seaman who dies on or after the

commencement of the amendment.

34 Paragraph 157(1)(b)

Infrastructure, Transport, Regional Develop ment and Local Govern ment Schedule 11

Other amend ments Part 4

Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill

2008 No. , 2008 131

Omit "related to the testator by blood or marriage", substitute "a relative

of the testator".

35 At the end of section 157

Add:

(3) The reference in paragraph (1)(b) to a relative of the testator

includes a reference to the following (without limitation):

(a) a de facto partner of the testator;

(b) someone who is the child of the testator, or of whom the

testator is the child, because of the definition of child in

section 6;

someone mentioned in paragraph (a) or (b) is taken to be a

relative of the testator.

36 Application of amendments of section 157

The amendments of section 157 of the Navigation Act 1912 made by

this Schedule apply in relation to wills made on or after the

commencement of the amendments.

37 Subsection 158(6)

Omit "as widow, widower,", substitute "who was the deceased's spouse

or de facto partner immediately before the deceased's death, or who is

the deceased's".

38 Subsection 158(7)

Omit ", as widow, widower,", substitute "who was the deceased's

spouse or de facto partner immediately before the deceased's death, or

who is the deceased's".

39 At the end of section 158

Add:

(8) In determining for the purposes of subsections (6) and (7) whether

a person is next-of-kin of another person, the following persons are

also to be taken into account:

(a) someone who is the child of the person, or of whom the

person is the child, because of the definition of child in this

Act;

Schedule 11 Infrastructure, Transport, Regional Development and Local Govern ment

Part 4 Other amendments

132 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law

Reform) Bill 2008 No. , 2008

(b) anyone else who would be a relative of the person because

someone mentioned in paragraph (a) is taken into account.

40 Application of amendments of section 158

The amendments of section 158 of the Navigation Act 1912 made by

this Schedule apply in relation to a seaman who dies on or after the

commencement of the amendments.

41 Subsection 161(1)

After "husband,", insert "de facto partner,".

Innovation, Industry, Science and Research Schedule 12

Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill

2008 No. , 2008 133

Schedule 12

Innovation, Industry, Science

and Research

Pooled Development Funds Act 1992

1 Subsection 4(1) (definition of de facto spouse)

Repeal the definition.

2 Subsection 31(2) (paragraph (a) of the definition of

associate)

Omit "(including a person who is such a relation by adoption)".

3 Subsection 31(2) (paragraph (b) of the definition of

associate)

Omit "de facto spouse", substitute "de facto partner".

4 Subsection 31(2)

Insert:

child: without limiting who is a child of a person for the purposes

of this section, someone is the child of a person if he or she is the

product of a relationship the person has or had as a couple with

another person (whether of the same sex or a different sex). For

this purpose, someone cannot be the product of a relationship

unless he or she is the biological child of at least one of the persons

in the relationship or was born to a woman in the relationship.

5 Subsection 31(2)

Insert:

de facto partner has the meaning given by the Acts Interpretation

Act 1901.

6 Subsection 31(2)

Insert:

parent: without limiting who is a parent of a person for the

purposes of this Act, someone is the parent of a person if the

Schedule 12 Innovation, Industry, Science and Research

134 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law

Reform) Bill 2008 No. , 2008

person is his or her child because of the definition of child in this

section.

7 After subsection 31(2A)

Insert:

(2AA) For the purposes of paragraph (a) of the definition of associate in

subsection (2), if one person is the child of another person because

of adoption or because of the definition of child in this section,

relationships traced to or through the person are to be determined

on the basis that the person is the child of the other person.

8 Transitional

(1)

This item applies if:

(a) on the commencement of the amendments made by this

Schedule, a person holds shares in a PDF (the initial shares);

and

(b) the person would, but for this item, contravene section 31 of

the Pooled Development Funds Act 1992 only because of one

or more of those amendments.

(2)

Subject to subitem (4), disregard the person's continued holding of the

initial shares in the PDF on and after that commencement when

applying that section as then in force to the person and the person's

associates.

(3)

If, after that commencement, any bonus shares in the PDF are issued to

the person because the person is the holder of the initial shares, then,

subject to subitem (4), disregard the person's holding of those bonus

shares when applying that section as then in force to the person and the

person's associates.

(4)

If, after that commencement, the person, or any of the person's

associates, acquires additional shares (other than bonus shares) in the

PDF, the initial shares and the bonus shares are to be taken into account

in determining whether the acquisition of those additional shares

complies with that section as then in force.

Prime Minister and Cab inet Schedule 13

Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill

2008 No. , 2008 135

Schedule 13

Prime Minister and Cabinet

Privacy Act 1988

1 At the end of section 6

Add:

(10) For the purposes of this Act, a reference to family in the definition

of credit in subsection 6(1), and in sections 6D and 16E, in relation

to any individual is taken to include the following (without

limitation):

(a) a de facto partner of the individual (within the meaning of the

Acts Interpretation Act 1901);

(b) someone who is the child of the person, or of whom the

person is the child, because of the definition of child in

subsection (11);

family if someone mentioned in paragraph (a) or (b) is taken

to be a member of the individual's family.

(11) In this section:

child: without limiting who is a child of a person for the purposes

of subsection (10), someone is the child of a person if he or she is

the product of a relationship the person has or had as a couple with

another person (whether of the same sex or a different sex). For

this purpose, someone cannot be the product of a relationship

unless he or she is the biological child of at least one of the persons

in the relationship or was born to a woman in the relationship.

2 Paragraph 2.5(c) of Schedule 3

Omit "de facto spouse", substitute "de facto partner".

3 Subclause 2.6 of Schedule 3 (definition of child)

Repeal the definition, substitute:

child: without limiting who is a child of an individual for the

purposes of this clause, each of the following is the child of an

individual:

Schedule 13 Prime Min ister and Cabinet

136 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law

Reform) Bill 2008 No. , 2008

(a) an adopted child, stepchild, exnuptial child or foster child of

the individual; and

(b) someone who is the product of a relationship the individual

has or had as a couple with another individual (whether of the

same sex or a different sex).

For the purposes of paragraph (b), someone cannot be the product

of a relationship unless he or she is the biological child of at least

one of the individuals in the relationship or was born to a woman

in the relationship.

4 Subclause 2.6 of Schedule 3

Insert:

de facto partner has the meaning given by the Acts Interpretation

Act 1901.

5 Subclause 2.6 of Schedule 3 (definition of parent)

Repeal the definition, substitute:

parent: without limiting who is a parent of an individual for the

purposes of this clause, someone is the parent of an individual if

the individual is his or her child because of the definition of child

in this subclause.

6 Subclause 2.6 of Schedule 3

Insert:

stepchild: without limiting who is a stepchild of an individual for

the purposes of this clause, someone is the stepchild of an

individual if he or she would be the individual's stepchild except

that the individual is not legally married to the individual's de facto

partner.

7 At the end of clause 2 of Schedule 3

Add:

2.7 For the purposes of the definition of relative in subclause 2.6,

relationships to an individual may also be traced to or through

another individual who is:

(a) a de facto partner of the first individual; or

Prime Minister and Cab inet Schedule 13

Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill

2008 No. , 2008 137

(b) the child of the first individual because of the definition of

child in that subclause.

2.8 For the purposes of the definition of sibling in subclause 2.6, an

individual is also a sibling of another individual if a relationship

referred to in that definition can be traced through a parent of either

or both of them.

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Reform) Bill 2008 No. , 2008

Schedule 14

Treasury

Part 1

Amendment of tax laws

A New Tax System (Medicare Levy Surcharge--Fringe

Benefits) Act 1999

1 Subsection 7(1)

Repeal the subsection, substitute:

De facto couples treated as if married

(1) This Act applies to 2 persons (whether of the same sex or different

sexes) as if they were married to each other for a period if:

(a) their relationship is registered for the period under a law of a

State or Territory prescribed for the purposes of section 22B

of the Acts Interpretation Act 1901 as a kind of relationship

prescribed for the purposes of that section; or

(b) they lived together in a relationship as a couple on a genuine

domestic basis for the period, although not legally married to

each other.

(1A) If, during the period, either or both of the persons was legally

married to another person, or in a relationship mentioned in

paragraph (1)(a) with another person, this Act applies as if the

person or persons were not legally married to, or in a relationship

mentioned in paragraph (1)(a) with, the other person.

2 Application of amendment of the A New Tax System

(Medicare Levy Surcharge

Fringe Benefits) Act 1999

The amendment of the A New Tax System (Medicare Levy Surcharge--

Fringe Benefits) Act 1999 made by this Schedule applies to the

2009-2010 year of income and later years of income.

Fringe Benefits Tax Assessment Act 1986

3 At the end of section 58V

Add:

Treasury Schedule 14

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2008 No. , 2008 139

Note:

Section 960-255 of the Income Tax Assessment Act 1997 may be

relevant to determining who a person's relatives are for the purposes

of paragraphs (b) and (c).

4 Subsection 136(1) (at the end of paragraph (h) of the

definition of fringe benefit)

Add:

Note:

Section 960-255 of the Income Tax Assessment Act 1997 may be

relevant to determining who a person's relatives are for the

purposes of paragraph (h).

5 Subsection 136(1)

Insert:

parent has the meaning given by subsection 995-1(1) of the

Income Tax Assessment Act 1997.

6 Application of amendments of the Fringe Benefits Tax

Assessment Act 1986

The amendments of the Fringe Benefits Tax Assessment Act 1986 made

by this Schedule apply in relation to the FBT year starting on 1 April

2009 and later FBT years.

Income Tax Assessment Act 1936

7 Subsection 6(1)

Insert:

parent has the meaning given by subsection 995-1(1) of the

Income Tax Assessment Act 1997.

8 At the end of subsection 24D(7)

Add:

Note:

Section 960-255 of the Income Tax Assessment Act 1997 may be

relevant to determining family relationships for the purposes of

subsection (7).

9 At the end of subsection 24F(4)

Add:

Schedule 14 Treasury

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140 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law

Reform) Bill 2008 No. , 2008

Note:

Section 960-255 of the Income Tax Assessment Act 1997 may be

relevant to determining family relationships for the purposes of

subsection (4).

10 At the end of subsection 24G(3)

Add:

Note:

Section 960-255 of the Income Tax Assessment Act 1997 may be

relevant to determining family relationships for the purposes of

subsection (3).

11 At the end of subsection 24M(1)

Add:

Note:

Section 960-255 of the Income Tax Assessment Act 1997 may be

relevant to determining family relationships for the purposes of

paragraph (1)(a).

12 At the end of subsection 24M(2)

Add:

Note:

Section 960-255 of the Income Tax Assessment Act 1997 may be

relevant to determining family relationships for the purposes of

paragraph (2)(a).

13 Subsection 73AA(1) (table item 3)

After "Marriage", insert "or relationship".

14 Subsection 100A(13) (at the end of the definition of

agreement)

Add:

Note:

Section 960-255 of the Income Tax Assessment Act 1997 may be

relevant to determining family relationships for the purposes of the

definition of agreement.

15 Section 102AAB (definition of de facto marriage)

Repeal the definition.

16 Section 102AAB

Insert:

de facto relationship means:

(a) a relationship between 2 persons (whether of the same sex or

different sexes) that is registered under a law of a State or

Treasury Schedule 14

Amend ment of tax laws Part 1

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2008 No. , 2008 141

Territory prescribed for the purposes of section 22B of the

Acts Interpretation Act 1901 as a kind of relationship

prescribed for the purposes of that section; or

(b) a relationship between 2 persons (whether of the same sex or

different sexes) who, although not legally married to each

other, live with each other on a genuine domestic basis in a

relationship as a couple.

17 Subparagraph 102AAH(1)(a)(i)

After "post-marital", insert "or post-relationship".

18 Subsection 102AAH(2)

After "post-marital", insert "or post-relationship".

19 Subparagraph 102AAH(2)(a)(ii)

Omit "de facto marriage", substitute "de facto relationship".

20 At the end of subsection 102AAH(3)

Add:

Note:

Section 960-255 of the Income Tax Assessment Act 1997 may be

relevant to determining relationships for the purposes of

subparagraph (3)(a)(iii).

21 Paragraph 102AGA(2)(a)

Omit "on a genuine domestic basis (whether or not legally married to

that person)".

22 Subparagraph 102AGA(2)(b)(i)

Omit "natural".

23 Subparagraphs 102AGA(2)(b)(ii) and (iii)

Repeal the subparagraphs.

24 Paragraph 102AGA(2)(c)

Omit "on a genuine domestic basis".

25 Paragraph 102AGA(3)(a)

Omit "natural".

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26 Paragraph 102AGA(3)(a)

Omit "on a genuine domestic basis (whether or not legally married)".

27 Paragraph 102AGA(3)(b)

Omit "natural".

28 Paragraph 102AGA(3)(c)

Omit "natural" (wherever occurring).

29 Section 109ZD (definition of family law obligation)

Omit "(c),".

30 Subsection 124PA(1) (table item 3)

After "Marriage", insert "or relationship".

31 Subsection 159J(6) (at the end of the definition of invalid

relative)

Add:

Note:

Section 960-255 of the Income Tax Assessment Act 1997 may be

relevant to determining relationships for the purposes of the definition

of invalid relative.

32 At the end of section 177D

Add:

Note:

Section 960-255 of the Income Tax Assessment Act 1997 may be

relevant to determining family relationships for the purposes of

subparagraphs (b)(vi) and (viii).

33 Subsection 251R(2)

Repeal the subsection, substitute:

(2) If, during any period, 2 persons (whether of the same sex or

different sexes):

(a) had a relationship that was registered under a law of a State

or Territory prescribed for the purposes of section 22B of the

Acts Interpretation Act 1901 as a kind of relationship

prescribed for the purposes of that section; or

(b) lived together in a relationship as a couple on a genuine

domestic basis, although not legally married to each other;

Treasury Schedule 14

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2008 No. , 2008 143

this Part and any Act imposing levy has effect in relation to the

period as if the persons were married to each other.

(2A) If, during the period, either or both of the persons was legally

married to another person, or in a relationship mentioned in

paragraph (2)(a) with another person, this Part and any Act

imposing levy has effect as if the person or persons were not

legally married to, or in a relationship mentioned in

paragraph (2)(a) with, the other person or persons.

34 At the end of subsection 251U(1)

Add:

Note:

Section 960-255 of the Income Tax Assessment Act 1997 may be

relevant to determining family relationships for the purposes of

subparagraph (1)(e)(iii).

35 Subsection 317(1) (definition of de facto marriage)

Repeal the definition.

36 Subsection 317(1)

Insert:

de facto relationship means:

(a) a relationship between 2 persons (whether of the same sex or

different sexes) that is registered under a law of a State or

Territory prescribed for the purposes of section 22B of the

Acts Interpretation Act 1901 as a kind of relationship

prescribed for the purposes of that section; or

(b) a relationship between 2 persons (whether of the same sex or

different sexes) who, although not legally married to each

other, live with each other on a genuine domestic basis in a

relationship as a couple.

37 Subsection 318(7)

Repeal the subsection, substitute:

(7) In this section and any other provision of this Act that has effect

for the purposes of this section, a reference to the spouse of a

person does not include:

(a) a spouse who is legally married to the person but living

separately and apart from the person on a permanent basis; or

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(b) a spouse within the meaning of paragraph (a) of the

definition of spouse in subsection 995-1(1) of the Income Tax

Assessment Act 1997 who is living separately and apart from

the person on a permanent basis.

38 Subparagraph 328(1)(a)(i)

After "post-marital", insert "or post-relationship".

39 Subsection 328(2)

After "post-marital", insert "or post-relationship".

40 Subparagraph 328(2)(a)(ii)

Omit "de facto marriage", substitute "de facto relationship".

41 At the end of subsection 328(3)

Add:

Note:

Section 960-255 of the Income Tax Assessment Act 1997 may be

relevant to determining relationships for the purposes of

subparagraph (3)(a)(iii).

42 After subparagraph 491(2)(a)(i)

Insert:

(ia) a spouse of the person, other than a spouse within the

meaning of paragraph (a) of the definition of spouse in

subsection 995-1(1) of the Income Tax Assessment Act

1997 who is living separately and apart from the person

and has been so living for at least 12 months; or

43 At the end of subsection 491(2)

Add:

Note:

Section 960-255 of the Income Tax Assessment Act 1997 may be

relevant to determining relationships for the purposes of

subparagraph (2)(a)(iii).

44 Subparagraph 491(2)(b)(i)

Repeal the subparagraph, substitute:

(i) a child of the person (other than a child excluded under

subsection (3)); or

45 At the end of section 491

Treasury Schedule 14

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2008 No. , 2008 145

Add:

(3) For the purposes of subparagraph (2)(b)(i), the following children

are excluded under this subsection:

(a) a step-child of the person; and

(b) someone who would be the step-child of the person except

that the person is not legally married to the person's spouse.

46 Subparagraphs 269-80(1)(c)(i) and (iii) in Schedule 2F

After "marriage", insert "or relationship".

Note:

The heading to section 269-80 is altered by omitting "or marriage breakdown" and

substituting "or breakdown of marriage or relationship".

47 Paragraph 269-95(2)(a) in Schedule 2F

After "marriage", insert "or relationship".

48 Subparagraphs 269-95(2)(b)(i) and (ii) and (c)(i) and (ii) in

Schedule 2F

After "marriage", insert "or relationship".

49 Paragraphs 269-95(2)(d) and (e) in Schedule 2F

After "marriage", insert "or relationship".

50 Subparagraph 269-95(3)(c)(ii) in Schedule 2F

After "marriage", insert "or relationship".

51 Paragraph 272-90(2A)(a) in Schedule 2F

After "marriage", insert "or relationship".

52 Paragraph 272-90(2A)(b) in Schedule 2F

Repeal the paragraph, substitute:

(b) a person:

(i) who was the spouse of either the primary individual or

of a member of the primary individual's family

immediately before the death of the primary individual

or member of the primary individual's family; and

(ii) who is now the spouse of a person who is not a member

of the primary individual's family; and

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Reform) Bill 2008 No. , 2008

53 Paragraph 272-90(2A)(c) in Schedule 2F

Omit "step-child", substitute "child of the spouse".

54 Paragraph 272-90(2A)(c) in Schedule 2F

After "marriage", insert "or relationship".

55 Subsection 272-95(1) in Schedule 2F (note)

Repeal the note, substitute:

Note 1:

Child, parent and spouse are defined in subsection 6(1).

Note 2:

Section 960-255 may be relevant to determining relationships for the

purposes of paragraph (1)(a).

56 Subsection 272-140(1) in Schedule 2F (definition of

breakdown in the marriage)

Repeal the definition.

57 Subsection 272-140(1) in Schedule 2F

Insert:

breakdown in the marriage or relationship of an individual: this

occurs if the individual is living with another individual on a

genuine domestic basis in a relationship as a couple (whether the

individuals are the same sex or different sexes and whether legally

married or not) and ceases to do so.

58 Application of amendments of the Income Tax

Assessment Act 1936

The amendments of the Income Tax Assessment Act 1936 made by this

Schedule apply in relation to the 2009-2010 year of income and later

years of income.

Income Tax Assessment Act 1997

59 Subsection 40-340(1) (table item 3)

After "Marriage", insert "or relationship".

60 Paragraph 52-105(1)(a)

Omit "parent", substitute "

parent".

Treasury Schedule 14

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2008 No. , 2008 147

61 At the end of subsection 70-100(10)

Add:

Note:

Section 960-255 may be relevant to determining family relationships

for the purposes of paragraph (10)(a).

62 Subsection 100-10(3)

After "marriage", insert "or relationship".

63 Subsection 100-33(1)

After "marriage", insert "or relationship".

64 Section 112-150 (table items 1, 2 and 7)

After "marriage", insert "or relationship".

65 Section 118-75 (heading)

Repeal the heading, substitute:

118-75 Marriage or relationship breakdown settlements

66 Paragraph 118-75(1)(a)

Omit "marriage or de facto marriage", substitute "relationship between

spouses".

67 Subparagraph 118-75(1)(b)(i)

Omit "

spouse", substitute "spouse".

68 Paragraph 118-178(1)(c)

After "marriage", insert "or relationship".

69 Section 118-180 (heading)

Repeal the heading, substitute:

118-180 Acquisition of dwelling from company or trust on marriage

or relationship breakdown--roll-over provision applying

70 Subdivision 126-A (heading)

Repeal the heading, substitute:

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Reform) Bill 2008 No. , 2008

Subdivision 126-A--Marriage or relationship breakdowns

71 Paragraph 126-5(1)(a)

Repeal the paragraph, substitute:

(a) a court order under the Family Law Act 1975 or under a

State law,

Territory law or

foreign law relating to

breakdowns of relationships between spouses; or

72 Paragraph 126-5(1)(b)

Omit "of that Act", substitute "of the Family Law Act 1975".

73 Paragraph 126-5(1)(c)

Repeal the paragraph.

74 Subparagraph 126-5(1)(f)(i)

Omit "de facto marriage breakdowns", substitute "breakdowns of

relationships between spouses".

75 Paragraph 126-15(1)(a)

Repeal the paragraph, substitute:

(a) a court order under the Family Law Act 1975 or under a

State law,

Territory law or

foreign law relating to

breakdowns of relationships between spouses; or

76 Paragraph 126-15(1)(b)

Omit "of that Act", substitute "of the Family Law Act 1975".

77 Paragraph 126-15(1)(c)

Repeal the paragraph.

78 Subparagraph 126-15(1)(f)(i)

Omit "de facto marriage breakdowns", substitute "breakdowns of

relationships between spouses".

79 Paragraph 126-25(1)(b)

Omit "marriage or de facto marriage", substitute "relationship between

the spouses or former spouses".

80 Paragraph 126-140(2B)(b)

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2008 No. , 2008 149

Omit "or a corresponding foreign law".

81 Paragraph 126-140(2B)(c)

Omit "de facto marriage breakdowns", substitute "breakdowns of

relationships between

spouses".

82 Subparagraph 126-140(2B)(e)(i)

Omit "de facto marriage breakdowns", substitute "breakdowns of

relationships between spouses".

83 Paragraph 126-140(2C)(b)

Omit "marriage or de facto marriage", substitute "relationship between

the spouses or former spouses".

84 Subsections 149-30(3) and 149-60(4) (table item 1)

Omit "marriage break-downs", substitute "marriage or relationship

breakdowns".

85 Subsection 152-45(2) (heading)

Repeal the heading, substitute:

Marriage or relationship breakdowns

86 Subsection 152-45(2) (note 2)

After "marriage", insert "or relationship".

87 Section 152-100

After "marriage", insert "or relationship".

88 Subsection 152-115(2) (heading)

Repeal the heading, substitute:

Marriage or relationship breakdowns

89 Subsection 152-115(2) (note)

After "marriage", insert "or relationship".

90 After Subdivision 960-H of Division 960

Insert:

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Reform) Bill 2008 No. , 2008

Subdivision 960-J--Family relationships

Guide to Subdivision 960-J

960-250 What this Subdivision is about

This Subdivision has 2 principles for defining family relationships.

The first principle is to treat an unmarried couple (whether of the

same sex or different sexes) in the same way as a married couple

if:

(a) their relationship is registered under particular

State or Territory laws; or

(b) they live together on a genuine domestic basis.

The second principle is to treat anyone who is defined to be an

individual's child in the same way as the individual's natural child

would be treated.

Both principles extend to tracing other family relationships,

including beyond couples and children and their parents.

Table of sections

Operative provisions

960-252 Object of this Subdivision

960-255 Family relationships

Operative provisions

960-252 Object of this Subdivision

(1) The first object of this Subdivision is to ensure that the same

consequences flow under this Act and the other Acts to which this

Subdivision applies from the relationship between 2 people who

are an unmarried couple (whether of the same sex or different

sexes) as from a marriage, if:

Treasury Schedule 14

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2008 No. , 2008 151

(a) the relationship is registered under a

State law or

Territory

law (as mentioned in paragraph (a) of the definition of

spouse in subsection 995-1(1)); or

(b) they live together on a genuine domestic basis.

(2) The second object of this Subdivision is to ensure that under this

Act and the other Acts to which this Subdivision applies, anyone

who is defined to be an individual's

child is treated in the same

way as if he or she were the individual's natural child.

960-255 Family relationships

Relationships between couples

(1) If one individual is the

spouse of another individual because of the

definition of spouse in subsection 995-1(1), relationships traced to,

from or through the individual, and family groups of which either

individual is a member, are to be determined in the same way as if

the individual were legally married to the other individual.

Example: George and Angelika are not legally married but live together on a

genuine domestic basis in a relationship as a couple. This Act treats

them as part of each other's family.

Relationships involving children

(2) If one individual is the

child of another individual because of the

definition of child in subsection 995-1(1), relationships traced to,

from or through the individual, and family groups of which either

individual is a member, are to be determined in the same way as if

the individual were the natural child of the other individual.

Example: Clare's stepfather Frank has a sister Angela. This Act applies as if

Angela were Clare's aunt because Clare is defined to be Frank's child.

That is, Clare's relationship to Angela is determined on the basis that

Clare is Frank's natural child.

Application

(3) Subsections (1) and (2) apply for the purposes of this Act. They

also apply for the purposes of a provision of another Act if one or

more of the following applies for the purposes of that provision (or

would apply if it were used in the provision):

(a) the definition of child in subsection 995-1(1);

(b) the definition of parent in subsection 995-1(1);

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152 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law

Reform) Bill 2008 No. , 2008

(d) the definition of spouse in subsection 995-1(1).

91 Subsection 995-1(1) (definition of child)

Repeal the definition, substitute:

child: without limiting who is a child of an individual, each of the

following is the child of an individual:

(a) the individual's

adopted child, stepchild or exnuptial child;

(b) a child of the individual's

spouse;

has or had as a couple with another individual (whether of the

same sex or a different sex).

For the purposes of paragraph (c), someone cannot be the product

of a relationship unless he or she is the biological child of at least

one of the individuals in the relationship or was born to a woman

in the relationship.

92 Subsection 995-1(1)

Insert:

parent: an individual is the parent of anyone who is the

individual's

child.

93 Subsection 995-1(1) (paragraph (b) of the definition of

relative)

Omit "parent", substitute "

parent".

94 Subsection 995-1(1) (at the end of the definition of

relative)

Add:

Note:

Section 960-255 may be relevant to determining relationships for the

purposes of paragraph (b) of the definition of relative.

95 Subsection 995-1(1) (definition of spouse)

Repeal the definition, substitute:

spouse of an individual includes:

(a) another individual (whether of the same sex or a different

sex) with whom the individual is in a relationship that is

Treasury Schedule 14

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2008 No. , 2008 153

registered under a

State law or

Territory law prescribed for

the purposes of section 22B of the Acts Interpretation Act

1901 as a kind of relationship prescribed for the purposes of

that section; and

(b) another individual who, although not legally married to the

individual, lives with the individual on a genuine domestic

basis in a relationship as a couple.

96 Application of amendments of the Income Tax

Assessment Act 1997

The amendments of the Income Tax Assessment Act 1997 made by this

Schedule apply:

(a) in relation to the 2009-2010 income year and later income

years; and

(b) to the extent to which the amendments affect the Fringe

Benefits Tax Assessment Act 1986--in relation to the FBT

year starting on 1 April 2009 and later FBT years.

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154 Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law

Reform) Bill 2008 No. , 2008

Part 2

Amendment of market regulation laws

Financial Sector (Shareholdings) Act 1998

97 Clause 2 of Schedule 1

Before "In Part 2", insert "(1)".

98 Clause 2 of Schedule 1

Insert:

child: without limiting who is a child of a person for the purposes

of this Act, someone is the child of a person if he or she is the

product of a relationship the person has or had as a couple with

another person (whether of the same sex or a different sex). For

this purpose, someone cannot be the product of a relationship

unless he or she is the biological child of at least one of the persons

in the relationship or was born to a woman in the relationship.

99 Clause 2 of Schedule 1

Insert:

parent: without limiting who is a parent of a person for the

purposes of this Act, someone is the parent of a person if the

person is his or her child because of the definition of child in this

clause.

100 Clause 2 of Schedule 1 (paragraph (b) of the definition of

relative)

Repeal the paragraph, substitute:

(b) the de facto partner of the person within the meaning of the

Acts Interpretation Act 1901; or

101 Clause 2 of Schedule 1 (paragraph (d) of the definition of

relative)

Omit "son, daughter", substitute "child".

102 Clause 2 of Schedule 1 (at the end of the definition of

relative)

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2008 No. , 2008 155

Add:

Note:

See also subclause (2).

103 At the end of clause 2 of Schedule 1

Add:

(2) For the purposes of paragraphs (c), (d) and (e) of the definition of

relative in subclause (1), if one person is the child of another

person because of the definition of child in that subclause,

relationships traced to or through the person are to be determined

on the basis that the person is the child of the other person.

104 Transitional provisions

Unacceptable ownership situation

(1)

For the purposes of section 12 of the Financial Sector (Shareholdings)

Act 1998, if:

(a) apart from this subitem, an unacceptable ownership situation

would exist in relation to a financial sector company on the

commencement day; and

(b) the situation would exist only because of the amendments of

that Act made by this Part;

then, the situation is, during the period of 6 months starting on the

commencement day, taken not to exist for so long as it would otherwise

have existed.

Practical control of a financial sector company

(2)

If:

(a) the Treasurer is satisfied, for the purposes of subparagraph

23(1)(a)(ii) of the Financial Sector (Shareholdings) Act

1998, that a person was in a position to exercise control over

a financial sector company on the commencement day; and

(b) the person was in that position on that day only because of

the amendments of that Act made by this Part;

then, the Treasurer may not make a declaration under section 23 of that

Act in relation to that person and that company during the period of 6

months starting on the commencement day.

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Record-keeping

(3)

If:

(a) apart from this subitem, a person would be required by

regulations made for the purposes of section 26 of the

Financial Sector (Shareholdings) Act 1998 to do something

on the commencement day in relation to an ownership

matter; and

(b) the person would not be required to do that thing if the

amendments of that Act made by this Part had not been

made;

then, the person is, during the period of 6 months starting on the

commencement day, taken not to be required to do that thing for so long

as the person would otherwise have been required to do that thing.

Commencement day

(4)

In this item:

commencement day means the day on which the amendments of the

Financial Sector (Shareholdings) Act 1998 made by this Part

commence.

Foreign Acquisitions and Takeovers Act 1975

105 Subsection 5(1)

Insert:

child has the meaning given by subsection 6(2).

106 Subsection 5(1)

Insert:

parent has the meaning given by subsection 6(2).

107 Section 6

Before "For the purposes", insert "(1)".

108 Paragraph 6(a)

After "spouse", insert "or de facto partner (within the meaning of the

Acts Interpretation Act 1901),".

Treasury Schedule 14

Amend ment of market regulation laws Part 2

Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Bill

2008 No. , 2008 157

109 Paragraph 6(a)

Omit "son, daughter", substitute "child".

110 At the end of section 6

Add:

(2) In this Act: