Commonwealth Numbered Acts Commonwealth Numbered Acts1 Section 2B
Insert:
"spouse " : see section 2CA.
2 After section 2C
Insert:
(1) For the purposes of any Act, a person is the spouse of another person (whether of the same sex or a different sex) if the person is legally married to the other person.
(2) Subsection (1) has effect in addition to any provision of an Act that affects the meaning of spouse in a provision of that Act.
Example: Spouse is defined for the purposes of an Act to include a de facto partner and a former spouse. Because of this section, a reference in the Act to a person's spouse covers any person who is legally married to the person, in addition to any person covered by the definition in the Act.
3 Application of definition of spouse
The amendments of the Acts Interpretation Act 1901 made by this Part apply, on and after the commencement of this Part, in relation to Acts enacted and instruments made before, on or after that commencement.
Defence Force Discipline Appeals Act 1955
4 Paragraph 31(1)(c)
Omit "husband or wife" (wherever occurring), substitute "husband, wife or spouse".
5 Application of amendment--evidence of spouses in proceedings
The amendment of the Defence Force Discipline Appeals Act 1955 made by this Part applies in relation to proceedings before the Tribunal on or after the commencement of this Part, whether instituted before or after that commencement.
Defence (Visiting Forces) Act 1963
6 Subsection 5(1) (paragraph (a) of the definition of dependant )
Omit "wife or husband", substitute "wife, husband or spouse".
7 Paragraph 73(1)(b)
Omit "a man and a woman", substitute "2 people".
8 Application of amendment--evidence concerning relationships
The amendment of the Evidence Act 1995 made by this Part applies in relation to evidence adduced in proceedings on or after the commencement of this Part, whether the proceedings are instituted before or after that commencement.
9 Subsection 4(1) (definition of child of a marriage )
Repeal the definition, substitute:
"child of a marriage " has a meaning affected by subsections 60F(1), (2), (3) and (4).
10 Paragraph 43(1)(a)
Omit "a man and a woman", substitute "2 people".
11 Subsection 55A(3)
Omit "the husband or the wife", substitute "party to the marriage".
12 Subsection 55A(3)
Omit "the husband and wife", substitute "both parties to the marriage".
13 Subsection 55A(4)
Omit "husband and wife", substitute "parties to the marriage".
14 Section 60E
Omit all the words after "void", substitute "as if the purported marriage were a marriage".
15 Subsection 60F(1)
Repeal the subsection, substitute:
(1) For the purposes of this Act, a child is (subject to subsections (2), (3) and (4)) a child of a marriage if:
(a) the child is the child of both parties to the marriage, whether born before or after the marriage; or
(b) the child is adopted after the marriage by both parties to the marriage, or by either of them with the consent of the other.
16 Subsection 60F(4A)
Repeal the subsection.
17 Subsection 98A(3)
Omit "the husband or the wife", substitute "party to the marriage".
18 Subsection 98A(3)
Omit "the husband and wife", substitute "both parties to the marriage".
19 Subsection 98A(4)
Omit "husband and wife", substitute "parties to the marriage".
20 Section 100 (heading)
Repeal the heading, substitute:
100 Evidence of husbands, wives or spouses
21 Application of amendments
(1) Sections 55A, 60F and 98A of the Family Law Act 1975 , as in force on and after the commencement of this Part, apply in relation to a marriage (within the meaning of the Marriage Act 1961 , as amended by this Act), even if:
(a) the marriage took place before that commencement; or
(b) for subsections 60F(3) and (4)--the adoption of the child took place before that commencement.
(2) Section 60E of the Family Law Act 1975 , as in force on and after the commencement of this Part, applies in relation to a purported marriage (within the meaning of the Marriage Act 1961 , as amended by this Act), even if the purported marriage took place before that commencement.
Financial Transaction Reports Act 1988
22 Paragraph 21A(1)(b)
Repeal the paragraph, substitute:
(b) if the signatory has changed the surname by which the signatory is known to that of the signatory's spouse or de facto spouse--by which the signatory was known before making that change; or
Maintenance Orders (Commonwealth Officers) Act 1966
23 Section 3 (definition of maintenance order )
After "wives,", insert "husbands, spouses,".
24 Subsection 42(10)
Omit "a widow or widower", substitute "that that party's last spouse has died".
25 Application of amendments
Subsection 42(10) of the Marriage Act 1961 , as amended by this Part, applies in relation to a marriage (within the meaning of that Act as amended by this Act) that takes place at or after the commencement of this Part.
Australian Defence Force Cover Act 2015
26 Subsections 7(1) and (2)
Omit "husband or wife" (wherever occurring), substitute "husband, wife, spouse".
Defence Force Retirement and Death Benefits Act 1973
27 Subsections 6A(1) and (2)
Omit "husband or wife" (wherever occurring), substitute "husband, wife, spouse".
Safety, Rehabilitation and Compensation Act 1988
28 Subsection 4(1) (paragraph (b) of the definition of spouse )
Omit "husband or wife", substitute "husband, wife or spouse".
Seafarers Rehabilitation and Compensation Act 1992
29 Section 3 (paragraph (b) of the definition of spouse )
Omit "husband or wife", substitute "husband, wife or spouse".
Federal Circuit Court of Australia Act 1999
30 Subclause 9E(5) of Schedule 1
Omit "husband or wife" (wherever occurring), substitute "husband, wife, spouse".
31 Subsections 2B(2) and (3)
Omit "husband or wife" (wherever occurring), substitute "husband, wife, spouse".
32 Subsections 4AB(1) and (2)
Omit "husband or wife" (wherever occurring), substitute "husband, wife, spouse".
Parliamentary Contributory Superannuation Act 1948
33 Subsections 4B(1) and (2)
Omit "husband or wife" (wherever occurring), substitute "husband, wife, spouse".
34 Subsections 8A(1) and (2)
Omit "husband or wife" (wherever occurring), substitute "husband, wife, spouse".
Part 5 -- Immigration and Border Protection
35 Subsection 5F(1)
After "another person", insert "(whether of the same sex or a different sex)".
36 Paragraph 5F(2)(b)
Omit "as husband and wife", substitute "as a married couple".
Military Rehabilitation and Compensation Act 2004
37 Subsection 5(1) (paragraph (a) of the definition of partner )
Omit "husband or wife", substitute "husband, wife or spouse".
Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988
38 Subsection 4(1) (paragraph (b) of the definition of spouse )
Omit "husband or wife", substitute "husband, wife or spouse".