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This is a Bill, not an Act. For current law, see the Acts databases.
2004-2005-2006-2007
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Same-Sex: Same Entitlements Bill 2007
No. , 2007
(Senator Allison, Bartlett, Murray and Stott Despoja)
A Bill for an Act to implement the recommendations of the Human Rights and Equal Opportunity Commission report Same-Sex: Same Entitlements, and for related purposes
Contents
A Bill for an Act to implement the recommendations of the Human Rights and Equal Opportunity Commission report Same-Sex: Same Entitlements, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Same-Sex: Same Entitlements Act 2007.
2 Commencement
This Act commences on the day on which it receives the Royal Assent.
3 Purposes
(1) The primary purpose of this Act is to implement the recommendations of the Human Rights and Equal Opportunity Commission report Same-Sex: Same Entitlements by removing from all Australian laws extant statutory provisions which encourage or allow discrimination in areas including taxation, superannuation, employment and family law against people in de facto relationships on the grounds of their gender identity or sexual orientation, with the intention of complying with Australia's obligations under the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child.
(2) The Act specifically removes from the statutes a range of discriminatory measures which have no place in a modern, tolerant nation.
4 Definitions
In this Act:
de facto partner means a person in a de facto relationship.
de facto relationship means a relationship between two people living together as a couple on a genuine domestic basis:
(a) in determining whether two people are in a de facto relationship, the circumstances of the relationship must be considered as a whole. Without limiting the generality of this paragraph, those circumstances may include:
(i) the length of their relationship;
(ii) how long and under what circumstances they have lived together;
(iii) whether there is a sexual relationship between them;
(iv) their degree of financial dependence or interdependence, and any arrangements for financial support, between or by them;
(v) the ownership, use and acquisition of their property, including any property that they own individually;
(vi) their degree of mutual commitment to a shared life;
(vii) whether they mutually care for and support children;
(viii) the performance of household duties;
(ix) the reputation, and public aspects, of the relationship between them;
(x) whether the relationship has been registered or formalised in accordance with any law of a State or Territory;
(b) a de facto relationship may be between two people, irrespective of gender;
(c) to avoid doubt, two people may still be in a de facto relationship if they are living apart from each other on a temporary basis.
step-parent, in relation to a child, means a person who;
(a) is not a parent of the child; and
(b) is or has been married to a parent of the child, or is or has been in a de facto relationship with the parent of the child; and
(c) treats, or at any time during the marriage or de facto relationship treated, the child as a member of the family formed with the parent.
5 Schedule
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.
Schedule 1--Amendments
Aboriginal Land Grant (Jervis Bay Territory) Act 1986
1 Section 2 (after the definition of Council)
Insert:
de facto partner has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
de facto relationship has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
2 Subsection 37(1) (definition of spouse)
Omit all words after "includes", substitute "a de facto partner".
Aged Care Act 1997
3 Subsection 44-11(1) (paragraph (b) of the definition of member of a couple)
Omit "marriage-like", substitute "de facto".
4 Subparagraph 44-11(2)(a)(ii)
Omit "; and", substitute "; or".
5 After subparagraph 44-11(2)(a)(ii)
Insert:
(iii) has a parenting order (under the Family Law Act 1975) in their favour with respect to the young person; and
6 Clause 1 of Schedule 1
Insert:
de facto relationship has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
Australian Meat and Live-stock Industry Act 1997
7 Section 3 (paragraph (b) of the definition of associate)
Omit "de facto spouse", substitute "de facto partner".
8 Section 3
Insert:
de facto partner has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
de facto relationship has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
Bankruptcy Act 1966
9 Section 5 (definition of de facto spouse)
Repeal the definition, substitute:
de facto partner has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
de facto relationship has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
de facto spouse has the same meaning as de facto partner.
10 Section 5
Insert:
spouse, in relation to a person, includes a de facto spouse.
11 Section 5
Insert:
step-child, in relation to a person, means any child with respect to whom the person is a step-parent.
step-parent has the meaning given in section 4 of the Same Sex: Same Entitlements Act 2007.
Broadcasting Services Act 1992
12 Section 5
Insert:
de facto partner has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
de facto relationship has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
de facto spouse has the same meaning as de facto partner.
Civil Aviation (Carriers' Liability) Act 1959
13 Section 5
Insert:
de facto partner has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
de facto relationship has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
de facto spouse has the same meaning as de facto partner.
14 Section 5
Insert:
spouse, in relation to a person, includes a de facto spouse.
step-child, in relation to a person, means any child with respect to whom the person is a step-parent.
step-parent has the meaning given in section 4 of the Same Sex: Same Entitlements Act 2007.
Corporations Act 2001
15 Section 9 (definition of de facto spouse)
Repeal the definition, substitute:
de facto partner has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
de facto relationship has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
de facto spouse has the same meaning as de facto partner.
16 Section 9
Insert:
spouse, in relation to a person, includes a de facto spouse.
Defence Act 1903
17 Section 4
Insert:
de facto partner has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
de facto relationship has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
dependant, in relation to a member, includes any de facto partner of the member and any child of the member.
Defence Force (Homes Loans Assistance) Act 1990
18 Section 3
Insert:
de facto partner has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
de facto relationship has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
19 Section 3 (definition of spouse)
Omit all words after "includes", substitute "a de facto partner".
20 Section 3
Insert:
stepchild, in relation to a person, means any child with respect to whom the person is a step-parent.
step-parent has the meaning given in section 4 of the Same Sex: Same Entitlements Act 2007.
21 Section 3 (definition of widow)
Omit all words after "includes", substitute "a de facto partner".
22 Section 3 (definition of widower)
Omit all words after "includes", substitute "a de facto partner".
Defence Force Retirement and Death Benefits Act 1973
23 Section 3
Insert:
de facto relationship has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
24 Section 3
Insert:
stepchild, in relation to a person, means any child with respect to whom the person is a step-parent.
step-parent has the meaning given in section 4 of the Same Sex: Same Entitlements Act 2007.
25 Section 6A
Repeal the section, substitute:
6A Marital relationship
For the purposes of this Act, a person had a marital relationship with another person at a particular time if, at that time, the person was in a de facto relationship with that other person.
Diplomatic Privileges and Immunities Act 1967
26 Section 4
Insert:
de facto partner has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
de facto relationship has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
27 Section 4
Insert:
member of the family, in relation to a person, includes a de facto partner of that person.
Education Services for Overseas Students Act 2000
28 Section 5
Insert:
de facto partner has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
de facto relationship has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
de facto spouse has the same meaning as de facto partner.
Family Law Act 1975
29 After subsection 60H(2)
Insert:
(2A) If:
(a) a child is born to a woman as a result of the carrying out of an artificial conception procedure while the woman was in a de facto relationship with another woman (the de facto partner); and
(b) either of the following apply:
(i) the procedure was carried out with the de facto partner's consent; or
(ii) under a prescribed law of the Commonwealth or of a State or Territory, the child is a child of the woman and the de facto partner;
then, whether or not the child is biologically a child of either the woman or the de facto partner, the child is their child for the purposes of the Act.
30 Subsection 60H(6)
Insert:
de facto partner has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
de facto relationship has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
Financial Sector (Shareholdings) Act 1998
31 Section 3
Insert:
de facto partner has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
de facto relationship has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
32 Section 4
Insert:
spouse, in relation to a person, includes a de facto partner.
Foreign Acquisitions and Takeovers Act 1975
33 Section 5
Insert:
de facto partner has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
de facto relationship has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
34 Section 4
Insert:
spouse, in relation to a person, includes a de facto partner.
Foreign Acquisitions and Takeovers Regulations 1989
35 Regulation 2
Insert:
de facto partner has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
de facto relationship has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
36 Regulation 2 (definition of spouse)
Omit all words after "includes", substitute "a de facto partner".
Foreign States Immunities Act 1985
37 Section 3
Insert:
de facto partner has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
de facto relationship has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
38 Section 3
Insert:
spouse, in relation to a person, includes a de facto partner.
Governor-General Act 1974
39 Subsection 2A(2)
Insert:
de facto relationship has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
40 Subsections 2B(2), (3), (4) and (5)
Repeal the subsections, substitute:
(2) For the purposes of this Act, a person had a marital relationship with a deceased person at a particular time if the person had a de facto relationship with that person at that time.
Health Insurance Act 1973
41 Section 3
Insert:
de facto partner has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
de facto relationship has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
42 Subsection 10AA(7) (after paragraph (a) of the definition of dependent child)
Add:
(aa) a child with respect to whom the person has a parenting order (under the Family Law Act 1975) in their favour; or
43 Subsection 10AA(7) (paragraph (a) of the definition of spouse)
Omit "spouse", substitute "partner".
Higher Education Funding Act 1988
44 Section 3
Insert:
de facto partner has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
de facto relationship has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
45 Section 3
Insert:
spouse, in relation to a person, includes a de facto partner.
Higher Education Support Act 2003
46 Clause 1 of Schedule 1
Insert:
de facto partner has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
de facto relationship has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
47 Clause 1 of Schedule 1
Insert:
spouse, in relation to a person, includes a de facto partner.
Income Tax Assessment Act 1997
48 Section 995-1
Insert:
de facto partner has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
de facto relationship has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
49 Section 995-1 (definition of legally responsible)
Repeal the definition, substitute:
legally responsible for a child means:
(a) legally responsible (whether alone or jointly with someone else) for the day-to-day care, welfare and development of the child; or
(b) legally responsible for a child as a result of a parenting order made (under the Family Law Act 1975) in favour of the person legally responsible for the child.
50 Section 995-1 (definition of spouse)
Repeal the definition, substitute:
spouse, in relation to a person, includes a de facto partner.
51 Section 995-1
Insert:
step-child, in relation to a person, means any child with respect to whom the person is a step-parent.
step-parent has the meaning given in section 4 of the Same Sex: Same Entitlements Act 2007.
Insurance Acquisitions and Takeovers Act 1991
52 Section 4
Insert:
de facto partner has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
de facto relationship has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
53 Section 4
Insert:
spouse, in relation to a person, includes a de facto partner.
International Organisations (Privileges and Immunities) Act 1963
54 Section 3
Insert:
de facto partner has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
de facto relationship has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
dependent relatives of a person include the spouse of the person and any children in relation to whom the person has parental responsibility.
55 Section 3
Insert:
parental responsibility has the meaning given in section 61B of the Family Law Act 1975.
56 Section 3
Insert:
spouse, in relation to a person, includes a de facto partner.
Judges' Pensions Act 1968
57 Subsection 4(1)
Insert:
de facto relationship has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
58 After paragraph 4AA(a)
Insert:
(aa) a parenting order (under the Family Law Act 1975) in relation to the child has been made in favour of the Judge or deceased Judge; or
59 Section 4AB
Repeal the section, substitute:
4AB Marital relationship
For the purposes of this Act, a person had a marital relationship with another person at a particular time if the person was married to that person or had a de facto relationship with that person at that time.
Judicial and Statutory Officers (Remuneration and Allowances) Act 1984
60 After section 2A
Insert:
2B Definitions
de facto partner has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
de facto relationship has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
spouse, in relation to a person, includes a de facto partner.
Life Insurance Act 1995
61 Schedule
Insert:
de facto partner has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
de facto relationship has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
62 Schedule (definition of spouse)
Repeal the definition, substitute:
spouse, in relation to a person, includes a de facto partner.
Members of Parliament (Life Gold Pass) Act 2002
63 Section 4
Insert:
de facto partner has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
de facto relationship has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
64 Section 4 (at the end of the definition of spouse)
Add "or the person's de facto partner".
65 Section 4 (definition of widow)
Omit "the woman who was".
66 Section 4 (definition of widower)
Omit "the man who was".
Migration Regulations 1994
67 Subparagraph (2)(a)(i) of Regulation 1.15A
Repeal the subparagraph.
Military Rehabilitation and Compensation Act 2004
68 Section 5
Insert:
de facto partner has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
de facto relationship has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
69 Section 5 (definition of partner)
Omit "of the opposite sex to the member".
70 Section 5 (paragraph (c) of the definition of partner)
Repeal the paragraph, substitute:
(c) the person is the de facto partner of the member.
71 Section 5
Insert:
step-child, in relation to a person, means any child with respect to whom the person is a step-parent.
step-parent has the meaning given in section 4 of the Same Sex: Same Entitlements Act 2007.
72 Section 15
Omit "step-father or step-mother" (wherever occurring), substitute "or step-parent".
73 Section 15
Omit "step-son or step-daughter" (wherever occurring), substitute "or step-child".
Military Superannuation and Benefits Trust Deed
74 Rule 2 of Part 1 of Schedule
Insert:
de facto relationship
75 Rule 2 of Part 1 of Schedule
step-child
step-parent
76 Part 1 of Schedule 1
Insert:
de facto relationship has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
77 Part 1 of Schedule 1
Insert:
step-child, in relation to a person, means any child with respect to whom the person is a step-parent.
step-parent has the meaning given in section 4 of the Same Sex: Same Entitlements Act 2007.
78 Part 1A of Schedule 1
Repeal the Part, substitute:
Part 1A--Marital relationship
1A. For the purposes of this Act, a person had a marital relationship with another person at a particular time if the person was married to that person or had a de facto relationship with that person at that time.
79 Paragraph 12 of Part 5 of Schedule 1
Repeal the paragraph.
National Health Act 1953
80 Section 4 (definition of de facto spouse)
Repeal the definition, substitute:
de facto partner has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
de facto relationship has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
81 Subsection 84B(4) (after paragraph (a) of the definition of dependent child)
Insert:
(aa) a child in relation to whom a parenting order has been made (under the Family Law Act 1975) in favour of the person; or
82 Subsection 84B(4) (paragraph (b) of the definition of spouse)
Omit "de facto spouse", substitute "de facto partner".
Parliamentary Contributory Superannuation Act 1948
83 Section 4
Insert:
de facto relationship has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
84 Section 4B
Repeal the section, substitute:
4B Marital relationship
For the purposes of this Act, a person had a marital relationship with another person at a particular time if the person was married to that person or had a de facto relationship with that person at that time.
Parliamentary Entitlements Act 1990
85 Section 3
Insert:
de facto partner has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
de facto relationship has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
86 Section 3 (definition of spouse)
Repeal the definition, substitute:
spouse, in relation to a person, includes a de facto partner.
Passenger Movement Charge Collection Act 1978
87 Section 3
Insert:
de facto partner has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
de facto relationship has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
88 Section 3 (definition of spouse)
Repeal the definition, substitute:
spouse, in relation to a person, includes a de facto partner.
89 Section 3
Insert:
step-child, in relation to a person, means any child with respect to whom the person is a step-parent.
step-parent has the meaning given in section 4 of the Same Sex: Same Entitlements Act 2007.
Pooled Development Funds Act 1992
90 Section 4 (definition of de facto spouse)
Repeal the definition, substitute:
de facto partner has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
de facto relationship has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
de facto spouse has the same meaning as de facto partner.
Proceeds of Crime Act 2002
91 Section 338
Insert:
de facto partner has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
de facto relationship has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
de facto spouse has the same meaning as de facto partner.
Remuneration Tribunal Determination 2006/14: Members of Parliament--Travelling Allowance
92 Clause 1.4
Insert:
(ba) 'de facto partner' has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
(bb) 'de facto relationship' has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
(bc) 'spouse', in relation to a person, includes a de facto partner.
Remuneration Tribunal Determination 2006/18: Members of Parliament--Entitlements
93 Clause 2.8
Insert:
'de facto partner' has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
'de facto relationship' has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
94 Clause 2.8
Insert:
'spouse', in relation to a person, includes a de facto partner.
Retirement Savings Accounts Act 1997
95 Section 16
Insert:
de facto partner has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
de facto relationship has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
96 Section 16
Insert:
step-child, in relation to a person, means any child with respect to whom the person is a step-parent.
step-parent has the meaning given in section 4 of the Same Sex: Same Entitlements Act 2007.
97 Subsection 20(2)
Repeal the subsection, substitute:
(2) The spouse, in relation to a person, includes a de facto partner.
Safety, Rehabilitation and Compensation Act 1988
98 Subsection 4(1)
Insert:
de facto partner has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
de facto relationship has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
99 Subsection 4(1) (paragraph (a) of the definition of dependant)
Omit "step-father, step-mother", substitute "step-parent".
100 Subsection 4(1) (paragraph (a) of the definition of dependant)
Omit "step-son, step-daughter", substitute "step-child".
101 Subsection 4(1) (paragraph (a) of the definition of spouse)
Repeal the paragraph, substitute:
(a) in relation to an employee or a deceased employee--a person who is the employee's de facto partner or a person who was, immediately before the death of the employee, the employee's de facto partner.
102 Subsection 4(1)
Insert:
step-child, in relation to a person, means any child with respect to whom the person is a step-parent.
step-parent has the meaning given in section 4 of the Same Sex: Same Entitlements Act 2007.
103 Subparagraph 19(12)(a)(i)
Omit "step-father, step-mother", substitute "step-parent".
104 Subparagraph 19(12)(a)(i)
Omit "step-son, step-daughter", substitute "step-child".
Seafarers Rehabilitation and Compensation Act 1992
105 Section 3
Insert:
de facto partner has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
de facto relationship has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
106 Section 3 (paragraph (b) of the definition of dependant)
Omit "step-father, step-mother", substitute "step-parent".
107 Section 3 (paragraph (b) of the definition of dependant)
Omit "step-son, step-daughter", substitute "step-child".
108 Section 3 (at the end of paragraph (c) of the definition of dependant)
Add "or".
109 Section 3 (after paragraph (c) of the definition of dependant)
Insert:
(d) who is a child with respect to whom the employee has a parenting order (under the Family Law Act 1975) in their favour; or
110 Section 3 (subparagraph (i) of the definition of prescribed person)
Omit "step-father, step-mother", substitute "step-parent".
111 Section 3 (subparagraph (ii) of the definition of prescribed person)
Omit "step-son, step-daughter", substitute "step-child".
112 Section 3 (after subparagraph (iii) of the definition of prescribed person)
Add:
(iv) who is a child with respect to whom the employee has a parenting order (under the Family Law Act 1975) in their favour.
113 Section 3 (paragraph (a) of the definition of spouse)
Repeal the paragraph, substitute:
(a) in relation to an employee or a deceased employee--a person who is the employee's de facto partner or a person who was, immediately before the death of the employee, the employee's de facto partner.
114 Section 3
Insert:
step-child, in relation to a person, means any child with respect to whom the person is a step-parent.
step-parent has the meaning given in section 4 of the Same Sex: Same Entitlements Act 2007.
Social Security Act 1991
115 Subsection 4(1)
Insert:
de facto partner has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
de facto relationship has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
116 Paragraph 4(2)(b)
Repeal the paragraph, substitute:
(b) the person is the de facto partner of another person.
117 Subsections 4(3) and 4(3A)
Repeal the subsections.
118 After paragraph 5(2)(a)
Insert:
(aa) the young person is a young person with respect to whom the adult has a parenting order (under the Family Law Act 1975) in their favour; or
119 After subsection 5(4)
Insert:
5(4A) Subject to subsections (5) to (8), a young person is a dependent child of another person if, at the relevant time, the other person has a parenting order (made under the Family Law Act 1975) in their favour with respect to the young person.
120 Section 23 (definition of widow)
Omit "man", substitute "person".
121 Section 1067C
Omit "marriage-like relationship" (wherever occurring), substitute "de facto relationship".
122 Subparagraph 1067C(1)(b)(i)
Omit "of the opposite sex".
123 Subparagraph 1067C(2)(b)(i)
Omit "of the opposite sex".
124 Subsection 1067C(3)
Repeal the subsection.
Superannuation Act 1976
125 Subsection 3(1)
Insert:
de facto relationship has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
126 Subsection 3(1)
Insert:
step-child, in relation to a person, means any child with respect to whom the person is a step-parent.
step-parent has the meaning given in section 4 of the Same Sex: Same Entitlements Act 2007.
127 Subsection 8A(1)
Omit all words after "if the person", substitute "was legally married to that other person or was in a de facto relationship with that other person".
128 Subsections 8A(2) to (5)
Repeal the subsections.
Superannuation Act 1990
129 Section 3
Insert:
de facto partner has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
de facto relationship has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
130 Section 3
Insert:
step-child, in relation to a person, means any child with respect to whom the person is a step-parent.
step-parent has the meaning given in section 4 of the Same Sex: Same Entitlements Act 2007.
131 Rule 1.1.1. of Part 1 of The Schedule (paragraph (c) of the definition of spouse)
Omit all words after "before the person's death,", substitute "had been in a de facto relationship with the person".
132 Rule 1.1.1. of Part 1 of The Schedule (paragraph (d) of the definition of spouse)
Omit "had ordinarily lived with the person as the person's husband or wife, as the case may be, on a permanent and bona fide domestic basis", substitute "had been in a de facto relationship with the person".
Superannuation Industry (Supervision) Act 1993
133 Subsection 10(1)
Insert:
de facto partner has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
de facto relationship has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
134 Subsection 10(1) (definition of spouse)
Repeal the definition, substitute:
spouse, in relation to a person, includes a de facto partner.
135 Subsection 10(1)
Insert:
step-child, in relation to a person, means any child with respect to whom the person is a step-parent.
step-parent has the meaning given in section 4 of the Same Sex: Same Entitlements Act 2007.
Veterans' Entitlements Act 1986
136 Subsection 5E(1)
Insert:
de facto partner has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
de facto relationship has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
137 Subsection 5E(1) (paragraph (a) of the definition of non-illness separated spouse)
After "another person", insert ", or in a de facto relationship with another person,".
138 Subsection 5E(1) (definition of war widow)
Omit "a woman", substitute "a person".
139 Subsection 5E(1) (paragraph (a) of the definition of war widow)
After "married to,", insert "or was in a de facto relationship with,".
140 Subsection 5E(1) (definition of war widower)
Repeal the definition, substitute:
war widower has the same meaning as war widow.
141 Subsection 5E(1) (definition of widow)
Repeal the definition, substitute:
widow means:
(a) a person who was a member of a couple with another person, immediately before that person died; or
(b) a person who was legally married to another person, but living separately and apart from that other person on a permanent basis, immediately before that person died.
142 Subsection 5E(1) (definition of widower)
Repeal the definition, substitute:
widower has the same meaning as widow.
143 Paragraph 5E(2)(b)
Repeal the paragraph, substitute:
(b) the person is in a de facto relationship with another person.
144 Subsection 5E(3)
Repeal the subsection.
145 After paragraph 10(1)(b)
Add:
; or (c) any other child in relation to whom a parenting order (made under the Family Law Act 1975) has been made in favour of the veteran.
146 After subparagraph 10(2)(a)(ii)
Insert:
; or (iii) any other child in relation to whom a parenting order (made under the Family Law Act 1975) has been made in favour of the veteran; or
147 After subparagraph 10(2)(b)(ii)
Insert:
; or (iii) any other child in relation to whom a parenting order (made under the Family Law Act 1975) had been made in favour of the veteran before the death of the veteran;
148 Section 11A
Repeal the section, substitute:
11A Marriage-like relationships
A relationship is a marriage-like relationship for the purposes of this Act if it is a de facto relationship.
Workplace Relations Act 1996
149 Subsection 4(1)
Insert:
de facto partner has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
de facto relationship has the meaning given in section 4 of the Same-Sex: Same Entitlements Act 2007.
150 Subsection 4(1)
Insert:
step-child, in relation to a person, means any child with respect to whom the person is a step-parent.
step-parent has the meaning given in section 4 of the Same Sex: Same Entitlements Act 2007.
151 Section 240 (definition of de facto spouse)
Repeal the definition, substitute:
de facto spouse has the same meaning as de facto partner.
152 Section 240 (definition of spouse)
Omit "de facto spouse" (wherever occurring), substitute "de facto partner".
153 Section 263 (definition of de facto spouse)
Repeal the definition, substitute:
de facto spouse has the same meaning as de facto partner.
154 Section 263 (definition of spouse)
Omit "de facto spouse" (wherever occurring), substitute "de facto partner".
155 Subsection 282(1)
Omit "a male" (wherever occurring), substitute "an".
156 Subsection 282(1)
After "his" (wherever occurring), insert "or her".
Same-Sex: Same Entitlements Bill 2007 No. , 2007
Same-Sex: Same Entitlements Bill 2007 No. , 2007
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