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