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This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 158
As received from the Legislative Council and read a first
time, 22 November 2005
South Australia
Statutes
Amendment (Relationships No 2) Bill 2005
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 spouses and domestic partners
12 Amendment of section 72K—Gifts to be
brought into hotchpotch
13 Amendment of section 72L—Election by
spouse or 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 Anangu
Pitjantjatjara Yankunytjatjara Land Rights Act 1981
22 Amendment of section 25—Special
provisions relating to Mintabie precious stones field
Part 5—Amendment of ANZAC Day
Commemoration Act 2005
23 Amendment of section 3—Interpretation
24 Amendment of section 16—Application of
Fund
Part 6—Amendment of Architects
Act 1939
25 Amendment of section 32A—Registration
of company as architect
26 Transitional provision
Part 7—Amendment of
Associations Incorporation Act 1985
27 Amendment of section 3—Interpretation
28 Amendment of section 18—Eligibility
for incorporation
Part 8—Amendment of Authorised
Betting Operations Act 2000
29 Amendment of section 3—Interpretation
30 Amendment of section 5—Close
associates
Part 9—Amendment of Casino
Act 1997
31 Amendment of section 3—Interpretation
32 Amendment of section 4—Close
associates
Part 10—Amendment of
Chiropractic and Osteopathy Practice Act 2005
33 Amendment of section 54—Interpretation
Part 11—Amendment of
Chiropractors Act 1991
34 Amendment of section 4—Interpretation
35 Amendment of section 18—Qualifications
for registration
36 Transitional provision
Part 12—Amendment of Citrus
Industry Act 1991
37 Amendment of section 3—Interpretation
38 Amendment of section 8—Conflict of
interest
39 Amendment of section 12—Conflict of
interest over appointments
Part 13—Amendment of City of
Adelaide Act 1998
40 Amendment of Schedule 2—Register of
interests—Form of returns
Part 14—Amendment of Civil
Liability Act 1936
41 Amendment of section 3—Interpretation
42 Amendment of section 24—Effect and
mode of bringing action, awarding of damages for funeral expenses etc
43 Amendment of section 29—Liability to
surviving spouse or domestic partner of person wrongfully killed
44 Amendment of section 30—Further
provisions as to solatium etc
45 Amendment of section 53—Damages for
mental harm
46 Amendment of section 58—Damages in
respect of gratuitous services
47 Amendment of heading to Part 9
Division 5
48 Amendment of section 65—Spouse or de
facto partner may claim for loss or impairment of consortium
49 Amendment of section 66—Damages where
injured spouse or domestic partner participated in business
50 Transitional provision
Part 15—Amendment of Community
Titles Act 1996
51 Amendment of section 3—Interpretation
Part 16—Amendment of
Conveyancers Act 1994
52 Amendment of section 3—Interpretation
53 Amendment of Schedule 2—Transitional
provisions
54 Transitional provision
Part 17—Amendment of
Co-operatives Act 1997
55 Amendment of section 4—Definitions
56 Amendment of section 153—Notice in
respect of bonus shares
57 Amendment of section 226—Financial
accommodation to directors and associates
58 Amendment of section 270—Acquisition
and disposal of assets
Part 18—Amendment of
Correctional Services Act 1982
59 Amendment of section 4—Interpretation
Part 19—Amendment of Cremation
Act 2000
60 Amendment of section 4—Interpretation
61 Amendment of section 7—Relatives etc
may object to cremation in cases where cremation not directed by deceased
person
Part 20—Amendment of Criminal
Assets Confiscation Act 2005
62 Amendment of section 3—Interpretation
63 Amendment of section 131—Examination
orders relating to restraining orders
64 Amendment of section 132—Examination orders
relating to applications for confirmation of forfeiture
Part 21—Amendment of Criminal
Law Consolidation Act 1935
65 Amendment of section 5—Interpretation
66 Amendment of section 5AA—Aggravated
offences
67 Amendment of section 269A—Interpretation
Part 22—Amendment of Criminal
Law (Forensic Procedures) Act 1998
68 Amendment of section 3—Interpretation
Part 23—Amendment of Crown
Lands Act 1929
69 Amendment of section 78B—Life leases
for certain shacks
Part 24—Amendment of De Facto
Relationships Act 1996
70 Amendment of long title
71 Amendment of section 1—Short title
72 Amendment of section 3—Definitions
73 Substitution of section 4
4 Application of Act
74 Substitution of Part 2 heading
75 Amendment of section 5—Domestic
relationship property agreements
76 Domestic relationship property
agreement enforceable under law of contract
77 Amendment of section 7—Consensual
variation or revocation of domestic relationship property agreement
78 Amendment of section 8—Power to set
aside or vary domestic relationship property agreement
79 Amendment of section 9—Property
adjustment order
80 Amendment of section 10—Power to make
orders for division of property
81 Amendment of section 11—Matters for
consideration by court
82 Amendment of section 12—Duty of court
to resolve all outstanding questions
83 Amendment of section 15—Protection of
purchaser in good faith, for value and without notice of claim
84 Transitional provision
Part 25—Amendment of Dental
Practice Act 2001
85 Amendment of section 3—Interpretation
86 Amendment of section 33—Registration
of companies
87 Transitional provision
Part 26—Amendment of
Development Act 1993
88 Amendment of section 4—Definitions
Part 27—Amendment of Domestic
Violence Act 1994
89 Amendment of section 3—Interpretation
Part 28—Amendment of Electoral
Act 1985
90 Amendment of section 29—Entitlement to
enrolment
Part 29—Amendment of
Environment Protection Act 1993
91 Amendment of section 3—Interpretation
Part 30—Amendment of Equal
Opportunity Act 1984
92 Amendment of section 5—Interpretation
93 Amendment of section 50—Religious
bodies
Part 31—Amendment of Evidence
Act 1929
94 Amendment of section 21—Competence and
compellability of witnesses
Part 32—Amendment of Fair Work
Act 1994
95 Amendment of section 4—Interpretation
96 Amendment of section 6—Application of
Act to employment
97 Amendment of section 77—Form and
content of enterprise agreement
98 Amendment of Schedule 1—Repeal and
transitional provisions
17 Enterprise agreements and spouses
or domestic partners
99 Amendment of Schedule 5—Minimum
standard for parental leave
Part 33—Amendment of Family
Relationships Act 1975
100 Amendment of section 5—Interpretation
101 Substitution of Part 3
11 Interpretation
11A De facto partners
102 Substitution of section 13
13 Confidentiality of proceedings
103 Transitional provision
Part 34—Amendment of Firearms
Act 1977
104 Amendment of section 5—Interpretation
Part 35—Amendment of First
Home Owner Grant Act 2000
105 Amendment of section 3—Definitions
106 Amendment of section 6—Spouses and de
facto partners
107 Amendment of section 10—Criterion 3—Applicant
(or applicant's spouse or domestic partner) must not have received earlier
grant
108 Amendment of section 11—Criterion 4—Applicant
(or applicant's spouse or domestic partner) must not have had relevant interest
in residential property
109 Amendment of section 41—Protection of
confidential information
110 Transitional provision
Part 36—Amendment of The
Flinders University of South Australia Act 1966
111 Amendment of section 18C—Duty of Council
members with respect to conflict of interest
Part 37—Amendment of Gaming
Machines Act 1992
112 Amendment of section 3—Interpretation
113 Amendment of section 39—Commissioner may
approve agents of Board
114 Amendment of section 44A—Prohibition of
links between dealers and other licensees
Part 38—Amendment of
Genetically Modified Crops Management Act 2004
115 Amendment of section 24—Orders on
conviction for an offence
Part 39—Amendment of
Governors' Pensions Act 1976
116 Amendment of long title
117 Amendment of section 2—Interpretation
118 Amendment of section 3—Order for payment
of pensions
119 Amendment of section 4—Amount of pension
120 Transitional provision
Part 40—Amendment of Ground
Water (Qualco-Sunlands) Control Act 2000
121 Amendment of section 3—Interpretation
Part 41—Amendment of
Guardianship and Administration Act 1993
122 Amendment of section 3—Interpretation
123 Amendment of section 39—Powers and
duties of administrator
124 Amendment of section 78—Medical
practitioner, psychologist or other health professional cannot act under this
Act in respect of a relative
Part 42—Amendment of Hospitals
Act 1934
125 Amendment of section 4—Interpretation
126 Amendment of section 47—Maintenance of
patients in public hospitals
Part 43—Amendment of Housing
and Urban Development (Administrative Arrangements) Act 1995
127 Amendment of section 3—Interpretation
Part 44—Amendment of Housing
Improvement Act 1940
128 Amendment of section 4—Interpretation
129 Amendment of section 61—Orders for
possession
Part 45—Amendment of Inheritance
(Family Provision) Act 1972
130 Amendment of section 4—Interpretation
131 Amendment of section 6—Persons entitled
to claim under this Act
132 Transitional provision
Part 46—Amendment of Judges'
Pensions Act 1971
133 Amendment of long title
134 Amendment of section 4—Interpretation
135 Amendment of section 6A—Preservation of
pensions on resignation before 60
136 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 1 spouse or de facto
partner
137 Amendment of section 9A—Spouse
entitlement subject to any Family Law determination
138 Amendment of section 10C—Child benefit
where no spouse or de facto partner pension payable
139 Amendment of section 10D—To whom child
benefit payable
140 Amendment of section 15—Refund of
certain contributions
141 Amendment of section 17A—Commutation of
pension to pay deferred superannuation contributions surcharge
142 Transitional provision
Part 47—Amendment of Juries
Act 1927
143 Amendment of Schedule 3—Persons
ineligible for jury service
144 Transitional provision
Part 48—Amendment of Land Tax
Act 1936
145 Amendment of section 5—Exemption or
partial exemption of certain land from land tax
Part 49—Amendment of Legal
Practitioners Act 1981
146 Amendment of section 5—Interpretation
147 Amendment of section 16—Issue of
practising certificate
148 Transitional provision
Part 50—Amendment of Liquor
Licensing Act 1997
149 Amendment of section 7—Close associates
Part 51—Amendment of Local Government
Act 1999
150 Amendment of section 4—Interpretation
151 Amendment of section 74—Members to
disclose interests
152 Amendment of section 80—Insurance of
members
153 Amendment of Schedule 3—Register of
Interests—Form of returns
Part 52—Amendment of Medical
Practice Act 2004
154 Amendment of section 68—Interpretation
Part 53—Amendment of Members
of Parliament (Register of Interests) Act 1983
155 Amendment of section 2—Interpretation
Part 54—Amendment of Mental
Health Act 1993
156 Amendment of section 3—Interpretation
157 Amendment of section 32—Medical
practitioner cannot act under Act in respect of relative
Part 55—Amendment of Natural
Resources Management Act 2004
158 Amendment of section 3—Interpretation
Part 56—Amendment of
Occupational Therapy Practice Act 2005
159 Amendment of section 51—Interpretation
Part 57—Amendment of
Parliamentary Superannuation Act 1974
160 Amendment of section 5—Interpretation
161 Repeal of sections 7A and 7B
162 Amendment of section 19—Reduction of
pension in certain circumstances
163 Amendment of section 21AF—Preservation
of components
164 Amendment of section 21AH—Death of PSS 3
member
165 Amendment of section 22A—Other benefits
under the new scheme
166 Amendment of section 23—Pension paid for
limited period
167 Amendment of section 23AA—Commutation to
pay deferred superannuation contributions surcharge
168 Amendment of section 23AAC—Commutation
to pay deferred superannuation contributions surcharge following death of
member
169 Amendment of section 23AAD—Withheld
amount
170 Amendment of heading to Part 5
171 Amendment of heading to Part 5 Division
1
172 Amendment of section 24—Pension for
spouse or de facto partner of deceased PSS 1 member pensioner
173 Amendment of section 25—Pension for
spouse or de facto partner of deceased PSS 1 member
174 Amendment of section 25A—Pension for
spouse or de facto partner of PSS 2 member pensioner
175 Amendment of section 25B—Pension for
spouse or de facto partner of deceased PSS 2 member
176 Substitution of section 26
26 Partner pension
177 Amendment of section 26AAA—Spouse
entitlement subject to any Family Law determination
178 Amendment of heading to Part 5 Division
1A
179 Amendment of section 26AA—Commutation of
pension
180 Amendment of section 28—Child benefit—general
181 Amendment of section 29—Child benefit
where no partner pension payable
182 Amendment of section 31A—Benefits
payable to estate
183 Amendment of section 36A—Division of
benefit where deceased member is survived by more than 1 spouse or de facto
partner
184 Substitution of heading to Schedule 3
185 Amendment of Schedule 3—Commutation
factors for partner pensions
186 Transitional provision
Part 58—Amendment of
Partnership Act 1891
187 Amendment of section 1B—Interpretation
188 Amendment of section 2—Rules for
determining existence of partnership
Part 59—Amendment of Pastoral
Land Management and Conservation Act 1989
189 Amendment of section 16—Conflict of
interest
Part 60—Amendment of
Pharmacists Act 1991
190 Amendment of section 4—Interpretation
191 Amendment of section 18—Qualifications
for registration
192 Transitional provision
Part 61—Amendment of
Phylloxera and Grape Industry Act 1995
193 Amendment of section 9—Conflict of
interest
Part 62—Amendment of
Physiotherapists Act 1991
194 Amendment of section 4—Interpretation
195 Amendment of section 18—Qualifications
for registration
196 Transitional provision
Part 63—Amendment of
Physiotherapy Practice Act 2005
197 Amendment of section 54—Interpretation
Part 64—Amendment of Podiatry
Practice Act 2005
198 Amendment of section 54—Interpretation
Part 65—Amendment of Police
(Complaints and Disciplinary Proceedings) Act 1985
199 Amendment of section 3—Interpretation
200 Amendment of section 25—Investigations
by internal investigation branch
201 Amendment of section 28—Investigation of
matters by Authority
Part 66—Amendment of Police
Superannuation Act 1990
202 Amendment of section 4—Interpretation
203 Repeal of sections 4A and 4B
204 Amendment of section 14—Payment of
benefits
205 Amendment of section 22—Resignation and
preservation
206 Amendment of section 26—Death of
contributor
207 Amendment of section 26B—Commutation to
pay deferred superannuation contributions surcharge following death of
contributor
208 Amendment of section 26C—Withheld amount
209 Amendment of section 32—Benefits payable
on contributor's death
210 Amendment of section 33—Benefits payable
to contributor's estate
211 Amendment of section 34—Resignation and
preservation of benefits
212 Amendment of section 35A—Commutation to
pay deferred superannuation contributions surcharge
213 Amendment of section 37—Effect on
pension of pensioner's re-employment
214 Amendment of section 38E—Benefits
215 Amendment of section 38EBA—Payment of
co-contribution component
216 Amendment of section 40—Effect of
workers compensation etc on pensions
217 Amendment of section 41—Division of
benefit where deceased contributor is survived by more than 1 spouse or de
facto partner
218 Amendment of section 43—Repayment of
balance in contribution account
219 Amendment of section 44—Special provision
for payment in case of infancy or death
220 Amendment of section 46A—Termination of
Police Occupational Superannuation Scheme
221 Amendment of section 48—Power to obtain
information
222 Transitional provision
Part 67—Amendment of Problem
Gambling Family Protection Orders Act 2004
223 Amendment of section 3—Interpretation
Part 68—Amendment of Public
Corporations Act 1993
224 Amendment of section 3—Interpretation
Part 69—Amendment of Public
Intoxication Act 1984
225 Amendment of section 4—Interpretation
Part 70—Amendment of Public
Sector Management Act 1995
226 Amendment of section 3—Interpretation
Part 71—Amendment of Public
Trustee Act 1995
227 Amendment of section 3—Interpretation
228 Amendment of section 9—Administration of
deceased estate
229 Amendment of section 35—Powers of Public
Trustee as manager
Part 72—Amendment of Racing
(Proprietary Business Licensing) Act 2000
230 Amendment of section 3—Interpretation
231 Amendment of section 5—Close associates
Part 73—Amendment of Renmark
Irrigation Trust Act 1936
232 Amendment of section 5—Interpretation
Part 74—Amendment of
Residential Tenancies Act 1995
233 Amendment of section 3—Interpretation
234 Amendment of section 81—Termination
because possession is required by landlord for certain purposes
Part 75—Amendment of
Retirement Villages Act 1987
235 Amendment of section 3—Interpretation
Part 76—Amendment of River
Murray Act 2003
236 Amendment of section 3—Interpretation
Part 77—Amendment of South
Australian Health Commission Act 1976
237 Amendment of section 6—Interpretation
238 Amendment of section 39—Fixing of fees
239 Amendment of section 57A—Fixing of fees
Part 78—Amendment of South
Australian Housing Trust Act 1995
240 Amendment of section 3—Interpretation
Part 79—Amendment of South
Eastern Water Conservation and Drainage Act 1992
241 Amendment of section 16—Conflict of
interest
Part 80—Amendment of Southern
State Superannuation Act 1994
242 Amendment of section 3—Interpretation
243 Repeal of sections 3A and 3B
244 Amendment of section 32—Resignation
245 Amendment of section 35—Death of member
246 Amendment of section 35AAB—Commutation
to pay deferred superannuation contributions surcharge following death of
member
247 Amendment of section 35AAC—Withheld
amount
248 Amendment of section 43—Division of benefit
where deceased member is survived by more than 1 spouse or de facto partner
249 Amendment of section 44—Payment in case
of death
250 Transitional provision
Part 81—Amendment of Stamp
Duties Act 1923
251 Amendment of section 2—Interpretation
252 Amendment of section 60A—Value of
property conveyed or transferred
253 Amendment of section 71CB—Exemption from
duty in respect of certain transfers between spouses and former spouses or
domestic partners and former domestic partners
254 Amendment of section 71CBA—Exemption
from duty in respect of domestic relationship property agreements or property
adjustment orders
255 Amendment of section 71CC—Interfamilial
transfer of farming property
256 Amendment of section 91—Interpretation
257 Transitional provision
Part 82—Amendment of
Superannuation Act 1988
258 Amendment of section 4—Interpretation
259 Repeal of sections 4A and 4B
260 Amendment of section 28—Resignation and
preservation of benefits
261 Amendment of section 28A—Resignation
under voluntary separation package
262 Amendment of section 32—Death of
contributor
263 Amendment of section 32A—PSESS benefit
264 Amendment of section 32C—Commutation to
pay deferred superannuation contributions surcharge following death of
contributor
265 Amendment of section 32D—Withheld amount
266 Amendment of section 38—Death of
contributor
267 Amendment of section 39—Resignation and
preservation of benefits
268 Amendment of section 39A—Resignation or
retirement under voluntary separation package
269 Amendment of section 40A—Commutation to
pay deferred superannuation contributions surcharge
270 Amendment of section 45—Effect of
workers compensation etc on pensions
271 Amendment of section 46—Division of
benefit where deceased contributor is survived by more than 1 spouse or de
facto partner
272 Amendment of section 48—Repayment of
contribution account balance and minimum benefits
273 Amendment of section 49—Special
provision for payment in case of infancy or death
274 Amendment of Schedule 1B—Transfer of
certain members of the Electricity Industry Superannuation Scheme to the State
Scheme
275 Transitional provision
Part 83—Amendment of
Superannuation Funds Management Corporation of South Australia Act 1995
276 Amendment of section 3—Interpretation
Part 84—Amendment of Supported
Residential Facilities Act 1992
277 Amendment of section 3—Interpretation
Part 85—Amendment of Supreme
Court Act 1935
278 Amendment of section 13H—Pre-retirement
leave
Part 86—Amendment of
Transplantation and Anatomy Act 1983
279 Amendment of section 5—Interpretation
Part 87—Amendment of
University of Adelaide Act 1971
280 Amendment of section 17—Duty of Council
members with respect to conflict of interest
Part 88—Amendment of
University of South Australia Act 1990
281 Amendment of section 15C—Duty of Council
members with respect to conflict of interest
Part 89—Amendment of Upper
South East Dryland Salinity and Flood Management Act 2002
282 Amendment of section 3—Interpretation
Part 90—Amendment of
Veterinary Practice Act 2003
283 Amendment of section 46—Interpretation
Part 91—Amendment of Victims
of Crime Act 2001
284 Amendment of section 4—Interpretation
285 Amendment of section 17—Eligibility to
make claim
286 Amendment of section 20—Orders for
compensation
287 Amendment of section 23—Joint offences
288 Amendment of Schedule 1—Repeal and
transitional provisions
3 Operation of certain amendments
Part 92—Amendment of Wills
Act 1936
289 Insertion of section 7A
7A Interpretation
290 Amendment of section 17—Gifts to an
attesting witness
291 Amendment of section 18—Creditor
attesting to be admitted a witness
Part 93—Amendment of Workers
Rehabilitation and Compensation Act 1986
292 Amendment of section 3—Interpretation
293 Amendment of section 44—Compensation
payable on death
294 Amendment of Schedule 1—Transitional
provisions
5D Compensation payable to de facto
partner on death of worker
Schedule 1—Review of changes effected by this Act
1 Review of
changes effected by this Act
The Parliament of South Australia enacts
as follows:
This Act may be cited as the Statutes Amendment (Relationships
No 2) Act 2005.
(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 Court
of Probate Act 1858 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 co-dependant, in relation to a deceased person, means
a person who was, on the date of the deceased's death—
(a) living
with the deceased in a relationship of dependence; and
(b) party
to a certified domestic relationship property agreement with the deceased,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section
4, definitions of putative spouse and lawful spouse—delete
the definitions
(4) Section 4, definition of spouse—delete
the definition and substitute:
spouse, in relation to a deceased person, means a person who was legally
married to that person as at the date of his or her death;
Section 37—after "spouse"
insert:
or domestic partner
6—Amendment of section 71—Payment without production of probate or letters of administration
(1) Section 71(1)—after "spouse"
insert:
or domestic partner
(2) Section 71(1a)—after "spouse"
insert:
or domestic partner
7—Amendment of section 72—Payment by ADI of sums not exceeding $2 000
Section 72(1)—delete "widow or
husband" wherever occurring and substitute in each case:
spouse or domestic partner
8—Amendment of section 72E—Presumption of survivorship not to apply
(1) Section 72E—delete "his spouse"
and substitute:
the intestate's spouse or domestic partner
(2) Section 72E—after "the spouse"
insert:
or domestic partner
9—Amendment of section 72F—Value of intestate estate
Section 72F(b)—after "spouse"
insert:
or domestic partner
10—Amendment of section 72G—Distribution of intestate estate
Section 72G—after "spouse"
wherever occurring insert in each case:
or domestic partner
11—Amendment of section 72H—Provision as to spouses and domestic partners
(1) Section 72H(1)—after "spouse"
wherever occurring insert in each case:
or domestic partner
(2) Section 72H(2) and (3)—delete subsections
(2) and (3) and substitute:
(2) If
an intestate is survived by a spouse and a domestic partner, each is entitled
to an equal share of the property (including personal chattels of the
intestate) that would have devolved on the spouse or domestic partner if the
intestate had been survived only by a single spouse or domestic partner.
(3) If
a dispute arises between a surviving spouse and domestic partner 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)—after "spouse"
wherever occurring insert in each case:
or domestic partner
13—Amendment of section 72L—Election by spouse or domestic partner to take dwellinghouse
(1) Section 72L(1)—delete "his
spouse" and substitute:
a spouse or domestic partner
(2) Section 72L(1)—after "the spouse"
wherever occurring insert in each case:
or domestic partner
(3) Section 72L(2)—after "spouse"
wherever occurring insert in each case:
or domestic partner
(4) Section 72L(3)—after "spouse"
wherever occurring insert in each case:
or domestic partner
(5) Section 72L(4)—after "spouse"
wherever occurring insert in each case:
or domestic partner
(6) Section 72L(5)—after "spouse"
insert:
or domestic partner
(1) Section 72M(1)—after "spouse" wherever
occurring insert in each case:
or domestic partner
(2) Section
72M(1)(b)(i)—delete "the spouse's"
(3) Section 72M(1)(b)(i)—after
"residence" insert:
of the spouse or domestic partner
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
(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;
domestic co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(2) Section 3(1)—after the definition of protected
person insert:
spouse—a person is the spouse of another if they are legally married.
17—Amendment of section 8—Application for protection order
Section 8(1)(b)—delete "husband or
wife" and substitute:
spouse or domestic partner
18—Amendment of section 8A—Protection order on court's own motion
Section 8A(4)(b)—delete "husband or
wife" and substitute:
spouse or domestic partner
19—Amendment of section 10—Appointment of manager
Section 10(1)—delete "husband or
wife" and substitute:
spouse or domestic partner
20—Amendment of section 12—Exemption of part of estate
Section 12(2)—delete "wife or
husband" and substitute:
spouse or domestic partner
21—Amendment of section 13—Powers of manager
Section 13(1)4—delete "wife or
husband" and substitute:
spouse or domestic partner
Part 4—Amendment of Anangu Pitjantjatjara
Yankunytjatjara Land Rights Act 1981
22—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:
spouse or 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 designated
officer insert:
domestic co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with the
other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(4) Section 25(9)—after the definition of the
designated officer insert:
spouse—a person is the spouse of another if they are legally married..
Part 5—Amendment of ANZAC Day Commemoration
Act 2005
23—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;
domestic co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(2) Section 3—after the definition of RSL
insert:
spouse—a person is the spouse of another if they are legally married;
24—Amendment of section 16—Application of Fund
(1) Section 16(1)(d)—after "spouses"
insert:
or domestic partners
(2) Section 16(1)(e)—delete "or including,
veterans or the spouses," and substitute:
of or including, veterans or the spouses or domestic partners,
Part 6—Amendment of Architects
Act 1939
25—Amendment of section 32A—Registration of company as architect
(1) Section 32A(1)(f)—after "spouse"
insert:
or 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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
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—after
"spouse," insert:
domestic partner,
(5) Section 32A(2)—after the definition of relative
insert:
spouse—a person is the spouse of another if they are legally married.
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 domestic partner.
Part 7—Amendment of Associations Incorporation
Act 1985
27—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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(2) Section
3(1), definition of putative spouse—delete the definition
(3) Section 3(1)—after the definition of special
resolution insert:
spouse—a person is the spouse of another if they are legally married;
(4) Section 3(6)(b)—delete "putative
spouse" and substitute:
domestic partner
28—Amendment of section 18—Eligibility for incorporation
Section 18(6)(b)—after
"spouses," insert:
domestic partners,
Part 8—Amendment of Authorised Betting Operations
Act 2000
29—Amendment of section 3—Interpretation
(1) 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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(2) Section 3(1)—after the definition of racing
distribution agreement insert:
spouse—a person is the spouse of another if they are legally married;
30—Amendment of section 5—Close associates
Section 5(1)(a)—after "spouse,"
insert:
domestic partner,
Part 9—Amendment of Casino Act 1997
31—Amendment of section 3—Interpretation
(1) 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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(2) Section 3(1)—after the definition of police
officer insert:
spouse—a person is the spouse of another if they are legally married;
32—Amendment of section 4—Close associates
Section 4(1)(a)—after "spouse,"
insert:
domestic partner,
Part 10—Amendment of Chiropractic and Osteopathy
Practice Act 2005
33—Amendment of section 54—Interpretation
(1) Section 54—before the definition of health
product 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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(2) Section 54, definition of prescribed
relative—after "spouse," insert:
domestic partner,
(3) Section 54, definitions of putative
spouse and spouse—delete the definitions and substitute:
spouse—a person is the spouse of another if they are legally married.
Part 11—Amendment of Chiropractors Act 1991
34—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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 4(1), definition of prescribed
relative—delete "putative spouse" and substitute:
domestic partner
(4) Section
4(1), definition of putative spouse—delete the definition
(5) Section 4(1)—after the definition of share
insert:
spouse—a person is the spouse of another if they are legally married.
35—Amendment of section 18—Qualifications for registration
(1) Section 18(2)(a)(vii)—after
"spouse" insert:
or domestic partner
(2) Section18(2)(a)(vii)(B)—delete
"putative spouse" and substitute:
domestic 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 domestic
partner.
Part 12—Amendment of Citrus Industry Act 1991
37—Amendment of section 3—Interpretation
(1) 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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(2) Section 3—after the definition of sell
insert:
spouse—a person is the spouse of another if they are legally married;
38—Amendment of section 8—Conflict of interest
Section 8(3)(f)—after "spouse,"
insert:
domestic partner,
39—Amendment of section 12—Conflict of interest over appointments
Section 12(2)(e)—after "spouse,"
insert:
domestic partner,
Part 13—Amendment of City of Adelaide Act 1998
40—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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(2) Schedule 2, clause 1(1), definition of family,
(a)—after "spouse" insert:
or domestic partner
(3) Schedule 2, clause 1(1), definition of spouse—delete
the definition and substitute:
spouse—a person is the spouse of another if they are legally married;
Part 14—Amendment of Civil Liability Act 1936
41—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 co-dependant, in relation to any cause of action
arising under this Act, means a person who was, on the day on which the cause
of action arose—
(a) living
with another in a relationship of domestic co-dependancy; and
(b) party
to a certified domestic relationship property agreement with the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(2) Section
3, definition of putative spouse—delete the definition
(3) Section 3, definition of spouse—delete
the definition and substitute:
spouse, in relation to any cause of action arising under this Act, means
a person who was legally married to another on the day on which the cause of
action arose;
(1) Section 24(1)—delete "wife,
husband," and substitute:
spouse, domestic partner,
(2) Section 24(4)—delete "legal spouse and
a putative spouse" and substitute:
spouse and a domestic partner
(3) Section 24(7)—delete "putative
spouse" wherever occurring and substitute in each case:
domestic partner
(4) Section 24(7)—delete "spouse"
third occurring and substitute:
domestic partner
(1) Section 29(1)—after "spouse"
wherever occurring insert in each case:
or domestic partner
(2) Section
29(2)—delete "lawful"
(3) Section 29(2)—delete "putative
spouse" and substitute:
domestic partner
(4) Section 29(2)—after "spouse"
third occurring insert:
or domestic partner
(5) Section 29(3)—delete "lawful spouse
and a putative spouse" and substitute:
spouse and domestic partner
(6) Section
29(4)—delete "lawful"
(7) Section 29(4)—delete "putative
spouse" and substitute:
domestic partner
(8) Section 29(4)—after "spouse"
third occurring insert:
or domestic partner
44—Amendment of section 30—Further provisions as to solatium etc
Section 30(1)—delete "husband or
wife" and substitute:
, spouse or domestic partner
45—Amendment of section 53—Damages for mental harm
Section 53(1)(b)—after "spouse"
insert:
, domestic partner
46—Amendment of section 58—Damages in respect of gratuitous services
Section 58—after "spouse"
wherever occurring insert in each case:
, domestic partner
47—Amendment of heading to Part 9 Division 5
Heading to Part 9 Division 5—delete
"husband and wife" and substitute:
spouses or domestic partners
48—Amendment of section 65—Spouse or de facto partner may claim for loss or impairment of consortium
(1) 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 spouse or de facto partner of the injured person for loss or injury
suffered by the spouse or de facto partner as a result of the loss or
impairment of consortium.
(2) Section 65(2)—delete "husband"
and substitute:
spouse
49—Amendment of section 66—Damages where injured spouse or domestic partner participated in business
(1) Section 66(1)—delete "a husband and
wife are engaged" and substitute:
spouses or domestic partners are jointly engaged
(2) Section 66(1)—after "spouse"
wherever occurring insert in each case:
or 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 15—Amendment of Community Titles Act 1996
51—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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 3(1), definition of relative—delete
"(whether legal or putative)" and substitute:
, domestic partner,
(4) Section 3(1)—after the definition of special
resolution insert:
spouse—a person is the spouse of another if they are legally married;
Part 16—Amendment of Conveyancers
Act 1994
52—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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 3, definition of prescribed
relative—after "spouse," insert:
domestic partner,
(4) Section 3, definition of spouse—delete
the definition and substitute:
spouse—a person is the spouse of another if they are legally married.
53—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)—after
"spouse," insert:
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 domestic partner.
Part 17—Amendment of Co-operatives Act 1997
55—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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 4(1)—after the definition of share
insert:
spouse—a person is the spouse of another if they are legally married;
56—Amendment of section 153—Notice in respect of bonus shares
Section 153(d)—after "spouse"
wherever occurring insert in each case:
or domestic partner
57—Amendment of section 226—Financial accommodation to directors and associates
Section 226(1), definition of associate—after
"spouse" wherever occurring insert in each case:
or domestic partner
58—Amendment of section 270—Acquisition and disposal of assets
Section 270(1)(b)—after "spouse"
insert:
or domestic partner
Part 18—Amendment of Correctional Services Act 1982
59—Amendment of section 4—Interpretation
(1) Section 4(1)—after the definition of correctional
institution 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 designated
condition insert:
domestic co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 4(1), definition of immediate
family, (a)—delete "(including a putative spouse)" and
substitute:
or domestic partner
(4) Section 4(1)—after the definition of sentence
of indeterminate duration insert:
spouse—a person is the spouse of another if they are legally married;
Part 19—Amendment of Cremation Act 2000
60—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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 4, definition of spouse—delete
the definition and substitute:
spouse—a person is the spouse of another if they are legally married.
Section 7—after "spouse,"
insert:
domestic partner,
Part 20—Amendment of Criminal Assets Confiscation Act
2005
62—Amendment of section 3—Interpretation
(1) Section 3—after the definition of deal
with 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, definition of dependant,
(a)—after "spouse" insert:
or domestic partner
(3) Section 3—after the definition of document
insert:
domestic co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(4) Section
3, definition of putative spouse—delete the definition
(5) Section 3, definition of spouse—delete
the definition and substitute:
spouse—a person is the spouse of another if they are legally married;
63—Amendment of section 131—Examination orders relating to restraining orders
Section 131(1)(c)—after "spouse"
insert:
or domestic partner
Section 132(1)(c)—after "spouse"
insert:
or domestic partner
Part 21—Amendment of Criminal Law Consolidation
Act 1935
65—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;
domestic co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(2) Section 5(1)—after the definition of sexual
intercourse insert:
spouse—a person is the spouse of another if they are legally married.
66—Amendment of section 5AA—Aggravated offences
(1) Section 5AA(1)(g)(ii) and (iii)—delete
subparagraphs (ii) and (iii) and substitute:
(ii) a
domestic partner or former domestic partner of the offender; or
(iii) a
child of whom—
(A) the
offender; or
(B) a
spouse or former spouse of the offender; or
(C) a
domestic partner or former domestic partner of the offender,
has custody as a parent or guardian; or
(iv) a
child who normally or regularly resides with—
(A) the
offender; or
(B) a
spouse or former spouse of the offender; or
(C) a
domestic partner or former domestic partner of the offender;
(2) Section
5AA(5), definition of spouse—delete the definition
67—Amendment of section 269A—Interpretation
Section 269A(1), definition of next
of kin—delete "(or putative spouse)" and substitute:
domestic partner,
Part 22—Amendment of Criminal Law (Forensic Procedures)
Act 1998
68—Amendment of section 3—Interpretation
(1) Section 3(1), definition of closest
available next of kin, (b)(i)—after "spouse" insert:
or 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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(4) Section 3(1)—after the definition of serious
offence insert:
spouse—a person is the spouse of another if they are legally married;
Part 23—Amendment of Crown Lands Act 1929
69—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 spouse or 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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
spouse—a person is the spouse of another if they are legally married.
Part 24—Amendment of De Facto Relationships
Act 1996
Long title—delete "de facto" and
substitute:
certain domestic
71—Amendment of section 1—Short title
Section 1—delete "De Facto
Relationships Act 1996" and substitute:
Domestic Relationships Property Act 1996
72—Amendment of section 3—Definitions
(1) Section 3, definition of certified
agreement—delete the definition and substitute:
certified domestic relationship property
agreement—a domestic
relationship property agreement is a certified domestic relationship property
agreement if—
(a) the
agreement contains a provision (the warranty of asset disclosure)
under which each party warrants that he or she has disclosed all relevant
assets to the other; and
(b) the
signature of each party to the agreement is attested by a lawyer's certificate
and the certificates are given by different lawyers;
(2) Section 3, definition of child,
(a)—after "which" insert:
both of
(3) 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;
(4) Section 3—after the definition of de
facto relationship insert:
domestic co-dependant means a person who lives in a
relationship of dependence and includes—
(a) a
person who is about to enter a relationship of dependence; and
(b) a
person who has lived in a relationship of dependence,
and domestic co-dependant relationship has a
corresponding meaning;
domestic partner means a de facto partner or a domestic co-dependant;
domestic relationship means a de facto relationship or a domestic co-dependant
relationship;
domestic relationship property agreement—see Part 2;
(5) Section 3—after the definition of property
insert:
relationship of dependence means a close personal relationship
between 2 adult persons, whether or not related by family, who are living
together, 1 or each of whom provides the other with domestic support or
personal care, but does not include any such relationship—
(a) where
either of them is married (whether to each other or some other person); or
(b) where
either of them is in a de facto relationship (whether with each other or some
other person); or
(c) where
1 of them provides the other with domestic support or personal care for fee or
reward, or on behalf of some other person or an organisation of whatever kind.
Section 4—delete the section and
substitute:
4—Application
of Act
(1) This Act does not apply to a de facto
relationship that ended before 16 December 1996.
Note—
The Domestic Relationships Property Act 1996 commenced
on 16 December 1996 as the De Facto Relationships Act 1996.
(2) This
Act does not apply to a domestic co-dependant relationship that ended before
the commencement of this subsection.
74—Substitution of Part 2 heading
Heading to Part 2—delete the heading and
substitute:
Part 2—Domestic relationship property
agreements
75—Amendment of section 5—Domestic relationship property agreements
(1) Section 5(1)—delete "De facto"
and substitute:
Subject to this section, domestic
(2) Section 5(1)—delete "cohabitation"
and substitute:
domestic relationship property
(3) Section
5(1)(a)—delete "de facto"
(4) Section
5(1)(b)—delete "de facto"
(5) Section 5(2)—delete
"cohabitation" and substitute:
domestic relationship property
(6) Section 5(2)(b)—delete "de facto"
and substitute:
domestic
(7) Section 5—after subsection (2) insert:
(3) Domestic
co-dependants may only make a certified domestic relationship property
agreement.
76—Domestic relationship property agreement enforceable under law of contract
Section 6—delete "cohabitation"
and substitute:
domestic relationship property
(1) Section 7(1)—delete
"cohabitation" and substitute:
domestic relationship property
(2) Section 7(2)—delete
"cohabitation" and substitute:
domestic relationship property
(3) Section 7(2)—delete
"certificated" wherever occurring and substitute in each case:
certified domestic relationship property
78—Amendment of section 8—Power to set aside or vary domestic relationship property agreement
(1) Section 8(1)—delete "cohabitation"
and substitute:
domestic relationship property
(2) Section 8(2)(b)—delete "de facto"
and substitute:
domestic
(3) Section 8(3)—delete
"cohabitation" and substitute:
domestic relationship property
(4) Section 8(3)(b)—delete
"certificated" and substitute:
certified domestic relationship property
79—Amendment of section 9—Property adjustment order
(1) Section 9—delete "de facto"
wherever occurring and substitute in each case:
domestic
(2) Section 9(2)— after paragraph (c) insert:
and
(d) in
the case of a domestic relationship that is a domestic co-dependant
relationship—the domestic co-dependants are parties to a certified domestic
relationship property agreement.
80—Amendment of section 10—Power to make orders for division of property
Section 10—delete "de facto"
wherever occurring and substitute in each case:
domestic
81—Amendment of section 11—Matters for consideration by court
(1) Section 11—delete "de facto"
wherever occurring and substitute in each case:
domestic
(2) Section 11(1)(c)—delete
"cohabitation" and substitute:
domestic relationship property
(3) Section 11(2)—delete
"cohabitation" and substitute:
domestic relationship property
(4) Section 11(2)(a)—delete
"certificated" and substitute:
certified domestic relationship property
82—Amendment of section 12—Duty of court to resolve all outstanding questions
Section 12—delete "de facto" and
substitute:
domestic
Section 15—delete "de facto" and
substitute:
domestic
After the commencement of this section, a reference to a cohabitation
agreement or a certificated agreement will, where the
context so admits or requires, be taken to be a reference to a domestic
relationship property agreement or a certified domestic
relationship property agreement.
Part 25—Amendment of Dental Practice
Act 2001
85—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 DNA
database system insert:
domestic co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 3(1), definition of prescribed
relative—after "spouse," insert:
de facto partner,
(4) Section
3(1), definition of putative spouse—delete the definition
(5) Section 3(1), definition of spouse—delete
the definition and substitute:
spouse—a person is the spouse of another if they are legally married;
86—Amendment of section 33—Registration of companies
(1) Section 33(2)(a)(vii)—after
"spouse" insert:
or domestic partner
(2) Section 33(2)(a)(vii)(B)—delete
"putative spouse" and substitute:
domestic 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 domestic partner.
Part 26—Amendment of Development Act 1993
88—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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 4(1), definition of relative—after
"spouse," insert:
domestic partner,
(4) Section 4(1), definition of spouse—delete
the definition and substitute:
spouse—a person is the spouse of another if they are legally married;
(5) Section 4(8)(a)—after "spouse"
insert:
or domestic partner
(6) Section 4(8)(b)(ii)—after
"spouse" insert:
or domestic partner
(7) Section 4(8)(c)—after "spouse"
insert:
or domestic partner
Part 27—Amendment of Domestic Violence Act 1994
89—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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 3, definition of member of
the defendant's family,(b) and (c)—delete paragraphs (b) and (c) and
substitute:
(b) a
domestic partner or former domestic partner of the defendant; or
(c) a
child of whom—
(i) the
defendant; or
(ii) a
spouse or former spouse of the defendant; or
(iii) a
domestic partner or former domestic partner of the defendant,
has custody as a parent or guardian; or
(d) a
child who normally or regularly resides with—
(i) the
defendant; or
(ii) a
spouse or former spouse of the defendant; or
(iii) a
domestic partner or former domestic partner of the defendant;
(4) Section 3, definition of spouse—delete
the definition and substitute:
spouse—a person is the spouse of another if they are legally married;
Part 28—Amendment of Electoral Act 1985
90—Amendment of section 29—Entitlement to enrolment
(1) Section 29(4)(b)(i)—after
"spouse" insert:
, 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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
spouse—a person is the spouse of another if they are legally married.
Part 29—Amendment of Environment Protection
Act 1993
91—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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 3(1), definition of spouse—delete
the definition and substitute:
spouse—a person is the spouse of another if they are legally married;
(4) Section 3(2)(b)—after "spouse,"
insert:
domestic partner,
Part 30—Amendment of Equal Opportunity Act 1984
92—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), 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);
(3) Section 5(1), definition of near
relative—after "spouse," insert:
de facto partner,
(4) Section 5(1), definition of spouse—delete
the definition and substitute:
spouse—a person is the spouse of another if they are legally married;
93—Amendment of section 50—Religious bodies
Section 50(2)—after "sexuality"
insert:
, or cohabitation with another person of the same sex as a couple
on a genuine domestic basis,
Part 31—Amendment of Evidence Act 1929
94—Amendment of section 21—Competence and compellability of witnesses
(1) Section 21(7), definition of close
relative—after "spouse," insert:
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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 21(7), definition of spouse—delete
the definition and substitute:
spouse—a person is the spouse of another if they are legally married.
Part 32—Amendment of Fair Work Act 1994
95—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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 4(1), definition of family—after
paragraph (a) insert:
(ab) a
domestic partner;
(4) Section 4(1)—after the definition of single
business insert:
spouse—a person is the spouse of another if they are legally married;
96—Amendment of section 6—Application of Act to employment
Section 6(a)—after "spouse"
insert:
, domestic partner
97—Amendment of section 77—Form and content of enterprise agreement
Section 77(1)(e)—after "spouse,"
insert:
domestic partner,
98—Amendment of Schedule 1—Repeal and transitional provisions
Schedule 1—after clause 16 insert:
17—Enterprise
agreements and spouses or 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 spouse or domestic partner (whether the agreement was
entered into before or after the commencement of this clause).
99—Amendment of Schedule 5—Minimum standard for parental leave
(1) Schedule 5, clause 1, definition of adoption—after
"spouse" insert:
or de facto partner
(2) Schedule
5, clause 1, definition of spouse—delete the definition
(3) Schedule 5, clause 2—after
"spouse" wherever occurring insert in each case:
or de facto partner
(4) Schedule 5, clause 4—after
"spouse" insert:
or de facto partner
(5) Schedule 5, clause 5—after
"spouse" insert:
or de facto partner
Part 33—Amendment of Family
Relationships Act 1975
100—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) 1
is the parent, or another ancestor, of the other; or
(b) 1
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 1 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 1
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 1 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 1 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 1 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.
102—Substitution of section 13
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 34—Amendment of Firearms Act 1977
104—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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(2) Section 5(1), definition of relative—after
"spouse," insert:
domestic partner,
(3) Section 5(1), definition of spouse—delete
the definition and substitute:
spouse—a person is the spouse of another if they are legally married;
Part 35—Amendment of First Home Owner Grant
Act 2000
105—Amendment of section 3—Definitions
Section 3—after the definition of corresponding
law insert:
de facto partner—see section 6;
domestic co-dependant—see section 6;
domestic partner means a de facto partner or domestic co-dependant;
106—Amendment of section 6—Spouses and de facto partners
Section 6(1)—delete subsection (1) and
substitute:
(1) A
person is the spouse of another if they are legally married.
(1a) A
person is the de facto partner of another (irrespective of the
sex of the other) if they are cohabiting with each other as a couple on a
genuine domestic basis (other than as a legally married couple).
(1b) A person is the domestic co-dependant
of another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996.
(1) Section 10(1)(a)—after "spouse"
insert:
or domestic partner
(2) Section 10(3)—after "spouse"
insert:
or domestic partner
(1) Section 11(1)—after "spouse"
insert:
or domestic partner
(2) Section 11(3)—after "spouse"
insert:
or domestic partner
109—Amendment of section 41—Protection of confidential information
Section 41(1), definition of protected
information—after "spouse" insert:
or 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 36—Amendment of The Flinders University of South
Australia Act 1966
111—Amendment of section 18C—Duty of Council members with respect to conflict of interest
(1) Section 18C(8)—delete "the member's
spouse, or a relative of the member," and substitute:
a relative of the member
(2) Section 18C(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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 18C(10), definition of relative—after
"spouse," insert:
domestic partner,
(4) Section 18C(10), definition of spouse—delete
the definition and substitute:
spouse—a person is the spouse of another if they are legally married.
Part 37—Amendment of Gaming Machines Act 1992
112—Amendment of section 3—Interpretation
(1) 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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(2) Section 3(1)—after the definition of special
circumstances licence insert:
spouse—a person is the spouse of another if they are legally married;
113—Amendment of section 39—Commissioner may approve agents of Board
Section 39(3)(f)—after "spouse,"
insert:
domestic partner,
114—Amendment of section 44A—Prohibition of links between dealers and other licensees
Section 44A(4)(b)(ii)—after
"spouse" insert:
or domestic partner
Part 38—Amendment of Genetically Modified Crops
Management Act 2004
115—Amendment of section 24—Orders on conviction for an offence
(1) Section 24(2)(a)—delete "de facto
relationship" and substitute:
domestic partnership
(2) 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; and de facto partnership has a corresponding
meaning;
domestic co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
Part 39—Amendment of Governors' Pensions Act 1976
Long title—after "spouses" and
substitute:
or de facto partners
117—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;
(2) Section 2, definition of spouse—delete
the definition and substitute:
spouse—
(a) in
relation to a deceased Governor—means a person who was, as at the date of the
Governor's death, legally married to the Governor;
(b) in
relation to a deceased former Governor—means a person who was, as at the date
of the former Governor's death, legally married to the Governor.
118—Amendment of section 3—Order for payment of pensions
Section 3(1)—after "spouse"
wherever occurring insert in each case:
or de facto partner
119—Amendment of section 4—Amount of pension
(1) Section 4(1)—after "spouse"
wherever occurring insert in each case:
or de facto partner
(2) Section 4(3)—after "spouse"
insert:
or de facto 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 40—Amendment of Ground Water (Qualco-Sunlands)
Control Act 2000
121—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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 3(1), definition of relative—delete
"(whether legal or putative)" and substitute:
domestic partner,
(4) Section 3(1)—after the definition of Scheme
infrastructure insert:
spouse—a person is the spouse of another if they are legally married;
Part 41—Amendment of Guardianship and Administration
Act 1993
122—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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with the
other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section
3(1), definition of putative spouse—delete the definition
(4) Section 3(1), definition of relative—after
paragraph (a) insert::
(ab) a
domestic partner;
(5) Section 3(1), definition of spouse—delete
the definition and substitute:
spouse—a person is the spouse of another if they are legally married;
123—Amendment of section 39—Powers and duties of administrator
(1) Section 39(2)(c)—after "spouse"
insert:
, domestic partner
(2) Section 39(2)(w)—after "spouse"
insert:
or domestic partner
Section 78—delete "putative
spouse" and substitute:
domestic partner
Part 42—Amendment of Hospitals Act 1934
125—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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 4—after the definition of public
hospital insert:
spouse—a person is the spouse of another if they are legally married;
126—Amendment of section 47—Maintenance of patients in public hospitals
Section 47(2)II—delete "husband or
wife" and substitute:
spouse or domestic partner
Part 43—Amendment of Housing and Urban Development
(Administrative Arrangements) Act 1995
127—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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 3(1), definition of relative—after
"spouse," insert:
domestic partner,
(4) Section 3(1), definition of spouse—delete
the definition and substitute:
spouse—a person is the spouse of another if they are legally married;
(5) Section 3(2)—after "spouse"
wherever occurring insert in each case:
or domestic partner
Part 44—Amendment of Housing Improvement Act 1940
128—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;
domestic co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(2) Section 4—after the definition of registered
mortgage insert:
spouse—a person is the spouse of another if they are legally married;
129—Amendment of section 61—Orders for possession
Section 61(1)(c)—after "spouse,"
insert:
domestic partner,
Part 45—Amendment of Inheritance (Family Provision)
Act 1972
130—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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
spouse, in relation to a deceased person, means a person who was legally
married to that person as at the date of his or her death;
131—Amendment of section 6—Persons entitled to claim under this Act
(1) Section 6—after paragraph (a) insert:
(ab) the
domestic partner of the deceased person;
(2) Section 6(g)—after "spouse"
insert:
or 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 46—Amendment of Judges' Pensions Act 1971
Long title—delete "widows" and
substitute:
surviving spouses or de facto partners
134—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;
(2) Section 4(1), definition of eligible
child, (b)—after "spouse" insert:
or de facto partner
(3) Section 4(1), definition of notional
pension, (b)(i)—after "spouse" insert:
or de facto partner
(4) Section 4(1), definition of notional
pension, (b)(ii)—after "spouse" insert:
or de facto partner
(5) Section 4(1)—after the definition of salary
insert:
spouse—
(a) in
relation to a deceased Judge—means a person who was, as at the date of the
Judge's death, legally married to the Judge;
(b) in
relation to a deceased former Judge—means a person who was, as at the date of
the former Judge's death, legally married to the former Judge.
135—Amendment of section 6A—Preservation of pensions on resignation before 60
Section 6A(3)—after "spouse"
insert:
or de facto partner
136—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 spouse or de
facto partner, the spouse or de facto partner is entitled to a pension for life
at the rate of two-thirds of the notional pension of the deceased Judge or
former Judge.
9—Division
of benefit where deceased Judge or former Judge is survived by more than 1
spouse or de facto partner
(1) If
a deceased Judge, or deceased former Judge, is survived by more than 1 spouse
or de facto partner, any benefit to which a surviving spouse or de facto
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 spouse or de facto partner (as
the case may be).
(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 spouse or de facto 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 1 spouse or
de facto partner; and
(b) a
benefit is paid to 1 of them on the assumption that he or she is the sole
surviving spouse or de facto partner of the deceased,
any other spouse or de facto partner has no claim on the benefit
insofar as it has already been paid unless that spouse or de facto partner gave
the Treasurer notice of his or her claim before the date of payment.
137—Amendment of section 9A—Spouse entitlement subject to any Family Law determination
Section 9A—delete ", 8 or 9" and
substitute:
or 8
138—Amendment of section 10C—Child benefit where no spouse or de facto partner pension payable
Section 10C(1)—after "spouse"
insert:
or de facto partner
139—Amendment of section 10D—To whom child benefit payable
Section 10D(a)—after "spouse"
insert:
or de facto partner
140—Amendment of section 15—Refund of certain contributions
Section 15(1)(b)—delete "widow"
and substitute:
spouse, de facto partner
(1) Section 17A(3)—after "spouse"
wherever occurring insert in each case:
or de facto partner
(2) Section 17A(3)—after "spouse's
pension" insert:
or de facto partner's pension
(3) Section 17A(5)—after "spouse"
insert:
, de facto 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 47—Amendment of Juries Act 1927
143—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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
spouse—a person is the spouse of another if they are legally married.
(2) Schedule 3, current contents—after
"spouses" wherever occurring insert in each case:
or 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 48—Amendment of Land Tax Act 1936
145—Amendment of section 5—Exemption or partial exemption of certain land from land tax
(1) Section 5(13), definition of close
relative, (a)—after "spouses" insert:
or domestic partners
(2) Section 5(13)—after the definition of close
relative 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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 5(13), definition of relative,
(a)—after "spouses" insert:
or domestic partners
(4) Section 5(13), definition of relative—after
"spouse" wherever occurring insert in each case:
or domestic partner
(5) Section 5(13), definition of spouse—delete
the definition and substitute:
spouse—a person is the spouse of another if they are legally married.
Part 49—Amendment of Legal Practitioners Act 1981
146—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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 5(1)—after the definition of solicitor
insert:
spouse—a person is the spouse of another if they are legally married;
(4) Section 5(5)(f)—delete "putative spouse
(within the meaning of the Family Relationships Act 1975)" and
substitute:
domestic partner
(5) Section 5(5)(f)—delete "putative
spouse" second occurring and substitute:
domestic partner
147—Amendment of section 16—Issue of practising certificate
(1) Section 16(2)(a)(vii)—after
"spouse" insert:
or domestic partner
(2) Section 16(2)(a)(vii)(B)—delete
"putative spouse" and substitute:
domestic partner
(3) Section 16(6), definition of prescribed
relative—delete "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 domestic
partner.
Part 50—Amendment of Liquor Licensing Act 1997
149—Amendment of section 7—Close associates
(1) Section 7(1)(a)—after "spouse,"
insert:
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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 7(2)—after the definition of prescribed
financial market insert:
spouse—a person is the spouse of another if they are legally married.
Part 51—Amendment of Local Government Act 1999
150—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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 4(1), definition of independent
living units, (a)—after "spouses" insert:
or domestic partners
(4) Section 4(1), definition of relative—after
paragraph (a) insert:
(ab) the
domestic partner; or
(5) Section 4(1), definition of spouse—delete
the definition and substitute:
spouse—a person is the spouse of another if they are legally married;
151—Amendment of section 74—Members to disclose interests
Section 74(4a)(a)(i)—after
"spouses" insert:
, domestic partners
152—Amendment of section 80—Insurance of members
Section 80—after "spouse"
insert:
, domestic partner
153—Amendment of Schedule 3—Register of Interests—Form of returns
Schedule 3, clause 1, definition of family,
(a)—after "spouse" insert:
or domestic partner
Part 52—Amendment of Medical Practice Act 2004
154—Amendment of section 68—Interpretation
(1) Section 68—before the definition of health
product 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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 68, definition of prescribed
relative—after "spouse," insert:
domestic partner,
(4) Section 68, definitions of putative
spouse and spouse—delete the definitions and substitute:
spouse—a person is the spouse of another if they are legally married.
Part 53—Amendment of Members of Parliament (Register of
Interests) Act 1983
155—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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(2) Section 2(1), definition of family,
(a)—after "spouse" insert:
or domestic partner
(3) Section 2(1), definition of spouse—delete
the definition and substitute:
spouse—a person is the spouse of another if they are legally married;
Part 54—Amendment of Mental Health Act 1993
156—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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section
3, definition of putative spouse—delete the definition
(4) Section 3, definition of relative,
(a)—after "spouse" insert:
or domestic partner
(5) Section 3, definition of spouse—delete
the definition and substitute:
spouse—a person is the spouse of another if they are legally married.
157—Amendment of section 32—Medical practitioner cannot act under Act in respect of relative
Section 32—delete "putative
spouse" and substitute:
domestic partner
Part 55—Amendment of Natural Resources Management
Act 2004
158—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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 3(1), definition of spouse—delete
the definition and substitute:
spouse—a person is the spouse of another if they are legally married.
(4) Section 3(10)(b)—after "spouse,"
insert:
domestic partner,
Part 56—Amendment of Occupational Therapy Practice Act
2005
159—Amendment of section 51—Interpretation
(1) Section 51—before the definition of health
product 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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(2) Section 51, definition of prescribed
relative—after "spouse," insert:
domestic partner,
(3) Section 51, definitions of putative
spouse and spouse—delete the definitions and substitute:
spouse—a person is the spouse of another if they are legally married.
Part 57—Amendment of Parliamentary Superannuation
Act 1974
160—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;
(2) Section 5(1), definition of eligible
child, (b)—after "spouse" insert:
or de facto partner
(3) Section
5(1), definition of putative spouse—delete the definition
(4) Section 5(1), definition of spouse—delete
the definition and substitute:
spouse—
(a) in
relation to a deceased member—means a person who was, as at the date of the
member's death, legally married to the member;
(b) in
relation to a deceased member pensioner—means a person who was, as at the date
of the member pensioner's death, legally married to the member pensioner;
(5) Section 5(1), definition of spouse
pension, (b)—after "spouse" insert:
or de facto 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 partner pension and relocate the definition so that it falls
in the correct alphabetical sequence
161—Repeal of sections 7A and 7B
Sections 7A and 7B—delete the sections
162—Amendment of section 19—Reduction of pension in certain circumstances
(1) Section 19—after "spouse"
wherever occurring insert in each case:
, de facto partner
(2) Section 19(6)(a)—after "spouse"
wherever occurring insert in each case:
or de facto partner
163—Amendment of section 21AF—Preservation of components
Section 21AF(1)(d)—after
"spouse" wherever occurring insert in each case:
or de facto partner
164—Amendment of section 21AH—Death of PSS 3 member
(1) Section 21AH(1)—after "spouse"
wherever occurring insert in each case:
or de facto partner
(2) Section 21AH(5)—after "spouse"
insert:
or de facto partner
(3) Section 21AH(6)—delete "or
estate" wherever occurring and substitute in each case:
or de facto partner, or estate,
165—Amendment of section 22A—Other benefits under the new scheme
Section 22A(5)(d)—after "spouse"
wherever occurring insert in each case:
or de facto partner
166—Amendment of section 23—Pension paid for limited period
Section 23(1)(b)—after "spouse"
wherever occurring insert in each case:
or de facto partner
167—Amendment of section 23AA—Commutation to pay deferred superannuation contributions surcharge
(1) Section 23AA(3)—after "spouse"
wherever occurring insert in each case:
or de facto partner
(2) Section
23AA(3)—delete "spouse's"
(3) Section 23AA(5)—after "spouse"
insert:
, de facto partner
(4) Section 23AA(7)—after "spouse"
wherever occurring insert in each case:
or de facto partner
(1) Section 23AAC(2)—after "spouse"
wherever occurring insert in each case:
or de facto partner
(2) Section 23AAC(3)—after "spouse"
wherever occurring insert in each case:
, de facto partner
(3) Section 23AAC(4)—after "spouse"
first and second occurring insert in each case:
or de facto partner
(4) Section 23AAC(4)(a)—after
"spouse" insert:
, de facto partner
(5) Section 23AAC(4)(b)(i)—delete
"spouse's benefit or the benefit payable to the estate" and
substitute:
benefit payable to the spouse or de facto partner, or the benefit
payable to the estate,
(6) Section 23AAC(4)(b)(ii)—after
"spouse" insert:
, de facto partner
(7) Section 23AAC(5)—after "spouse"
insert:
, de facto partner
(8) Section 23AAC(6)—after "spouse"
wherever occurring insert in each case:
, de facto partner
(9) Section 23AAC(7)—after "spouse"
insert:
, de facto partner
169—Amendment of section 23AAD—Withheld amount
Section 23AAD—after "spouse"
insert:
, de facto partner
170—Amendment of heading to Part 5
Heading to Part 5—after "spouse"
insert:
or de facto partner
171—Amendment of heading to Part 5 Division 1
Heading to Part 5 Division 1—after
"spouse" insert:
or de facto partner
Section 24(1)—after "spouse"
insert:
or de facto partner
173—Amendment of section 25—Pension for spouse or de facto partner of deceased PSS 1 member
Section 25(1)—after "spouse"
insert:
or de facto partner
174—Amendment of section 25A—Pension for spouse or de facto partner of PSS 2 member pensioner
Section 25A(1)—after "spouse"
insert:
or de facto partner
175—Amendment of section 25B—Pension for spouse or de facto partner of deceased PSS 2 member
Section 25B(1)—after "spouse"
insert:
or de facto partner
176—Substitution of section 26
Section 26—delete the section and
substitute:
26—Partner
pension
A partner pension payable under this Division is payable for the
life of the spouse or de facto partner.
177—Amendment of section 26AAA—Spouse entitlement subject to any Family Law determination
Section 26AAA—delete "other
spouse" and substitute:
de facto partner
178—Amendment of heading to Part 5 Division 1A
Heading to Part 5 Division 1A—delete
"spouse" and substitute:
partner
179—Amendment of section 26AA—Commutation of pension
Section 26AA—after "spouse"
wherever occurring insert in each case:
or de facto partner
180—Amendment of section 28—Child benefit—general
(1) Section 28(3)—delete "spouse
pension" and substitute:
partner pension
(2) Section 28(3)—after "spouse"
second occurring insert:
or de facto partner
181—Amendment of section 29—Child benefit where no partner pension payable
Section 29(1)—after "spouse"
insert:
or de facto partner
182—Amendment of section 31A—Benefits payable to estate
Section 31A(1)—after "spouse,"
insert:
, de facto 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 spouse or de facto 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 spouse or de facto partner (as the
case may be).
(2) Section 36A(3)—after "spouse"
insert:
or de facto 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)—after "spouse"
insert:
or de facto partner
(6) Section 36A(5)—after "spouse"
third and fourth occurring insert in each case:
or de facto partner
184—Substitution of heading to Schedule 3
Heading to Schedule 3—delete the heading
and substitute:
Schedule 3—Commutation factors for partner
pensions
185—Amendment of Schedule 3—Commutation factors for partner pensions
Schedule 3—after "spouse"
insert:
or de facto 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 58—Amendment of Partnership Act 1891
187—Amendment of section 1B—Interpretation
(1) Section 1B—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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(2) Section 1B—after the definition of registered
particulars insert:
spouse—a person is the spouse of another if they are legally married.
188—Amendment of section 2—Rules for determining existence of partnership
Section 2(c)(iii)—after "spouse"
insert:
, domestic partner
Part 59—Amendment of Pastoral Land Management and
Conservation Act 1989
189—Amendment of section 16—Conflict of interest
(1) Section 16(2)(f)—after "spouse,"
insert:
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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
spouse—a person is the spouse of another if they are legally married.
Part 60—Amendment of Pharmacists Act 1991
190—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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 4(1), definition of prescribed
relative—delete "putative spouse" and substitute:
domestic partner
(4) Section
4(1), definition of putative spouse—delete the definition
(5) Section 4(1)—after the definition of share
insert:
spouse—a person is the spouse of another if they are legally married.
191—Amendment of section 18—Qualifications for registration
(1) Section 18(2)(a)(vii)—after
"spouse" insert:
or domestic partner
(2) Section 18(2)(a)(vii)(B)—delete
"putative spouse" and substitute:
domestic 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 domestic
partner.
Part 61—Amendment of Phylloxera and Grape Industry
Act 1995
193—Amendment of section 9—Conflict of interest
(1) Section 9(3)(f)—after "spouse,"
insert:
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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
spouse—a person is the spouse of another if they are legally married.
Part 62—Amendment of Physiotherapists Act 1991
194—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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 4(1), definition of prescribed
relative—delete "putative spouse" and substitute:
domestic partner
(4) Section
4(1), definition of putative spouse—delete the definition
(5) Section 4(1)—after the definition of share
insert:
spouse—a person is the spouse of another if they are legally married.
195—Amendment of section 18—Qualifications for registration
(1) Section 18(2)(a)(vii)—after
"spouse" insert:
or domestic partner
(2) Section 18(2)(a)(vii)(B)—delete
"putative spouse" and substitute:
domestic 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 domestic
partner.
Part 63—Amendment of Physiotherapy Practice Act 2005
197—Amendment of section 54—Interpretation
(1) Section 54—before the definition of health
product 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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(2) Section 54, definition of prescribed
relative—after "spouse," insert:
domestic partner,
(3) Section 54, definitions of putative
spouse and spouse—delete the definitions and substitute:
spouse—a person is the spouse of another if they are legally married.
Part 64—Amendment of Podiatry Practice Act 2005
198—Amendment of section 54—Interpretation
(1) Section 54—before the definition of health
product 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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(2) Section 54, definition of prescribed
relative—after "spouse," insert:
domestic partner,
(3) Section 54, definitions of putative
spouse and spouse—delete the definitions and substitute:
spouse—a person is the spouse of another if they are legally married.
Part 65—Amendment of Police (Complaints and Disciplinary
Proceedings) Act 1985
199—Amendment of section 3—Interpretation
(1) Section 3(1)—after the definition of breach
of discipline insert:
close relative of a person means a spouse, 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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with the
other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 3(1)—after the definition of prescribed
officer or employee insert:
spouse—a person is the spouse of another if they are legally married;
200—Amendment of section 25—Investigations by internal investigation branch
Section 25(11)—delete subsection (11)
201—Amendment of section 28—Investigation of matters by Authority
Section 28(14)—delete subsection (14)
Part 66—Amendment of Police Superannuation Act 1990
202—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), definition of putative spouse—delete the definition
(3) Section 4(1), definition of spouse—delete
the definition and substitute:
spouse, in relation to a deceased contributor, means a person who was,
as at the date of the contributor's death, legally married to the contributor;
203—Repeal of sections 4A and 4B
Sections 4A and 4B—delete the sections
204—Amendment of section 14—Payment of benefits
Section 14(1)—after "spouse"
insert:
, de facto partner
205—Amendment of section 22—Resignation and preservation
Section 22—after "spouse"
wherever occurring insert in each case:
or de facto partner
206—Amendment of section 26—Death of contributor
(1) Section 26(1)—after "spouse"
wherever occurring insert in each case:
or de facto partner
(2) Section 26(2)—after "spouse"
wherever occurring insert in each case:
or de facto partner
(3) Section 26(2)—delete "spouse's
dependency" and substitute:
dependency of the spouse or de facto partner
(4) Section 26(3)—after "spouse"
wherever occurring insert in each case:
or de facto partner
(5) Section 26(5)—after "spouse"
insert:
or de facto partner
(6) Section 26(6)—after "spouse"
insert:
, de facto partner
(1) Section 26B(1)—after "spouse"
wherever occurring insert in each case:
or de facto partner
(2) Section 26B(2)—after "spouse"
wherever occurring insert in each case:
, de facto partner
(3) Section 26B(3)—after "spouse"
first and second occurring insert in each case:
or de facto partner
(4) Section 26B(3)(a)—after "spouse"
insert:
, de facto partner
(5) Section 26B(3)(b)(i)—delete "spouse's
benefit or the benefit payable to the estate" and substitute:
benefit payable to the spouse or de facto partner, or the benefit
payable to the estate,
(6) Section 26B(3)(b)(ii)—after
"spouse" insert:
, de facto partner
(7) Section 26B(4)—after "spouse"
insert:
, de facto partner
(8) Section 26B(5)—after "spouse"
wherever occurring insert in each case:
, de facto partner
(9) Section 26B(6)—after "spouse"
insert:
, de facto partner
208—Amendment of section 26C—Withheld amount
Section 26C(d)—after "spouse"
insert:
, de facto partner
209—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 spouse or de facto partner
(2) Section
32(1aa)—delete subsection (1aa)
(3) Section 32(1a)—after "spouse"
wherever occurring insert in each case:
or de facto partner
(4) Section 32(2)—after "spouse"
wherever occurring insert in each case:
or de facto partner
(5) Section 32(6)—after "spouse"
insert:
or de facto partner
210—Amendment of section 33—Benefits payable to contributor's estate
(1) Section 33(1)—after "spouse"
insert:
or de facto partner
(2) Section 33(2)—after "spouse"
insert:
, de facto partner
211—Amendment of section 34—Resignation and preservation of benefits
Section 34—after "spouse"
wherever occurring insert in each case:
or de facto partner
212—Amendment of section 35A—Commutation to pay deferred superannuation contributions surcharge
(1) Section 35A(3)—after "spouse"
wherever occurring insert in each case:
or de facto partner
(2) Section
35A(3)—delete "spouse's"
(3) Section 35A(5)—after "spouse"
insert:
, de facto partner
(4) Section 35A(7)—after "spouse"
first occurring insert:
or de facto partner
(5) Section 35A(7)—delete "or spouse"
wherever occurring and substitute in each case:
, spouse or de facto partner
213—Amendment of section 37—Effect on pension of pensioner's re-employment
Section 37(1)(b)(ii)—after
"spouse" insert:
or de facto partner
214—Amendment of section 38E—Benefits
Section 38E(1)—after "spouse"
insert:
, de facto partner
215—Amendment of section 38EBA—Payment of co-contribution component
(1) Section 38EBA(4)(d)—after
"spouse" wherever occurring insert in each case:
or de facto partner
(2) Section 38EBA(5)—after "spouse"
wherever occurring insert in each case:
or de facto partner
216—Amendment of section 40—Effect of workers compensation etc on pensions
(1) Section 40(2) and (4)—after
"spouse" wherever occurring insert in each case:
or de facto partner
(2) Section 40(5)—after "spouse"
insert:
, de facto 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 spouse or de facto 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 spouse or de facto partner (as the case may be).
(2) Section 41(3)—after "spouse"
insert:
or de facto 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)—after "spouse"
insert:
or de facto partner
(6) Section 41(5)—after "spouse"
third and fourth occurring insert in each case:
or de facto partner
218—Amendment of section 43—Repayment of balance in contribution account
Section 43(2)—after "spouse"
wherever occurring insert in each case:
or de facto partner
219—Amendment of section 44—Special provision for payment in case of infancy or death
Section 44(2)(b)—after "spouse"
insert:
or de facto partner
220—Amendment of section 46A—Termination of Police Occupational Superannuation Scheme
Section 46A(2)(f)—after "spouse"
wherever occurring insert in each case:
or de facto partner
221—Amendment of section 48—Power to obtain information
Section 48(3)—after "spouse"
insert:
or de facto 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 67—Amendment of Problem Gambling Family Protection
Orders Act 2004
223—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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 3(1), definition of family
member,(b) and (c)—delete paragraphs (b) and (c) and substitute:
(b) a
domestic partner or former domestic partner of the respondent; or
(c) a
child of whom—
(i) the
respondent; or
(ii) a
spouse or former spouse of the respondent; or
(iii) a
domestic partner or former domestic partner of the respondent,
has care and control; or
(d) a
child who normally or regularly resides with—
(i) the
respondent; or
(ii) a
spouse or former spouse of the respondent; or
(iii) a
domestic partner or former domestic partner of the respondent;
(4) Section 3(1), definition of spouse—delete
the definition and substitute:
spouse—a person is the spouse of a respondent if the person is legally
married to the respondent.
Part 68—Amendment of Public Corporations Act 1993
224—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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 3(1), definition of relative—after
"spouse," insert:
domestic partner,
(4) Section 3(1), definition of spouse—delete
the definition and substitute:
spouse—a person is the spouse of another if they are legally married;
(5) Section 3(2)—after "spouse"
wherever occurring insert in each case:
or domestic partner
Part 69—Amendment of Public Intoxication Act 1984
225—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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(2) Section 4, definition of relative—after
"spouse," insert:
domestic partner,
(3) Section 4, definition of spouse—delete
the definition and substitute:
spouse—a person is the spouse of another if they are legally married.
Part 70—Amendment of Public Sector Management
Act 1995
226—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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 3(1), definition of relative—after
"spouse," insert:
domestic partner,
(4) Section 3(1), definition of spouse—delete
the definition and substitute:
spouse—a person is the spouse of another if they are legally married;
(5) Section 3(1a)—after "spouse"
wherever occurring insert in each case:
or domestic partner
Part 71—Amendment of Public Trustee Act 1995
227—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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 3—after the definition of Public
Trustee insert:
spouse—a person is the spouse of another if they are legally married;
228—Amendment of section 9—Administration of deceased estate
(1) Section 9(1)(b)—after "spouse"
insert:
, domestic partner
(2) Section 9(1)(g)(ii)—after
"spouse" insert:
, domestic partner
229—Amendment of section 35—Powers of Public Trustee as manager
Section 35(1)(b)—after "spouse"
insert:
, domestic partner
Part 72—Amendment of Racing (Proprietary Business
Licensing) Act 2000
230—Amendment of section 3—Interpretation
(1) 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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(2) Section 3(1)—after the definition of race
or racing insert:
spouse—a person is the spouse of another if they are legally married;
231—Amendment of section 5—Close associates
Section 5(a)—after "spouse,"
insert:
domestic partner,
Part 73—Amendment of Renmark Irrigation Trust
Act 1936
232—Amendment of section 5—Interpretation
(1) Section 5—after the definition of chairman
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—after the definition of district
insert:
domestic co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 5—after the definition of ratepayer
insert:
relative, in relation to a member, includes a person who is the member's
domestic partner;
Part 74—Amendment of Residential Tenancies Act 1995
233—Amendment of section 3—Interpretation
(1) 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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(2) Section 3(1)—after the definition of security
bond insert:
spouse—a person is the spouse of another if they are legally married;
(1) Section 81(1)(c)(ii)—after
"spouse," insert:
domestic partner,
(2) Section 81(1)(c)(iii)—after
"spouse" insert:
or domestic partner
Part 75—Amendment of Retirement Villages Act 1987
235—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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(2) Section 3(1), definition of resident—after
"spouse" insert:
or domestic partner
(3) Section 3(1), definition of retirement
village scheme—after "spouses" wherever occurring insert in
each case:
or domestic partners
(4) Section 3(1)—after the definition of special
resolution insert:
spouse—a person is the spouse of another if they are legally married;
Part 76—Amendment of River Murray Act 2003
236—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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 3(1), definition of spouse—delete
the definition and substitute:
spouse—a person is the spouse of another if they are legally married;
(4) Section 3(2)(b)—after "spouse,"
insert:
domestic partner,
Part 77—Amendment of South Australian Health Commission
Act 1976
237—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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 6—after the definition of recognised
hospital insert:
spouse—a person is the spouse of another if they are legally married.
238—Amendment of section 39—Fixing of fees
Section 39(2)(b)—after "spouse"
insert:
or domestic partner
239—Amendment of section 57A—Fixing of fees
Section 57A(2)(b)—after "spouse"
insert:
or domestic partner
Part 78—Amendment of South Australian Housing Trust
Act 1995
240—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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 3(1), definition of relative—after
"spouse," insert:
domestic partner,
(4) Section 3(1), definition of spouse—delete
the definition and substitute:
spouse—a person is the spouse of another if they are legally married;
(5) Section 3(2)—after "spouse"
wherever occurring insert in each case:
or domestic partner
Part 79—Amendment of South Eastern Water Conservation
and Drainage Act 1992
241—Amendment of section 16—Conflict of interest
(1) Section 16(3)(f)—after "spouse,"
insert:
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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
spouse—a person is the spouse of another if they are legally married.
Part 80—Amendment of Southern State Superannuation
Act 1994
242—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;
(2) Section
3(1), definition of putative spouse—delete the definition
(3) Section 3(1), definition of spouse—delete
the definition and substituted:
spouse, in relation to a deceased member, means a person who was, as at
the date of the member's death, legally married to the member;
(4) Section 3(5)(a)(ii)—after
"spouse" insert:
, de facto partner
243—Repeal of sections 3A and 3B
Sections 3A and 3B—delete the sections
244—Amendment of section 32—Resignation
Section 32(6)—after "spouse"
wherever occurring insert in each case:
or de facto partner
245—Amendment of section 35—Death of member
(1) Section 35(1)—after "spouse"
wherever occurring insert in each case:
or de facto partner
(2) Section 35(7)—after "spouse"
insert:
, de facto partner
(3) Section 35(7a)—after "spouse"
wherever occurring insert in each case:
, de facto partner
(4) Section 35(8)—after "spouse"
insert:
or de facto partner
(5) Section 35(9)—after "spouse"
wherever occurring insert in each case:
, de facto partner
(1) Section 35AAB(1)—after "spouse"
wherever occurring insert in each case:
or de facto partner
(2) Section 35AAB(2)—after "spouse"
wherever occurring insert in each case:
, de facto partner
(3) Section 35AAB(3)—after "spouse"
first and second occurring insert in each case:
or de facto partner
(4) Section 35AAB(3)(a)—after
"spouse" insert:
, de facto partner
(5) Section 35AAB(3)(b)(i)—delete
"spouse's benefit or the benefit payable to the estate" and
substitute:
benefit payable to the spouse or de facto partner, or the benefit
payable to the estate,
(6) Section 35AAB(3)(b)(ii)—after
"spouse" insert:
, de facto partner
(7) Section 35AAB(4)—after "spouse"
insert:
, de facto partner
(8) Section 35AAB(5)—after "spouse"
wherever occurring insert in each case:
, de facto partner
(9) Section 35AAB(6)—after "spouse"
insert:
, de facto partner
247—Amendment of section 35AAC—Withheld amount
Section 35AAC(c)—after "spouse"
insert:
, de facto 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 spouse or de facto 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 spouse or de facto partner (as the case may be).
(2) Section 43(3)—after "spouse"
insert:
or de facto 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)—after "spouse"
second, third and fourth occurring insert in each case:
or de facto partner
249—Amendment of section 44—Payment in case of death
Section 44(1)(b)—after "spouse"
insert:
or de facto 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 81—Amendment of Stamp Duties Act 1923
251—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,
and de facto partnership has a corresponding
meaning;
(2) Section 2(1)—after the definition of discretionary
trust insert:
domestic co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant; and domestic
partnership has a corresponding meaning;
(3) Section 2(1), definition of spouse—delete
the definition and substitute:
spouse—a person is the spouse of another if they are legally married;
252—Amendment of section 60A—Value of property conveyed or transferred
Section 60A(6)(a)(ii)—after
"spouse" insert:
or domestic partner
(1) Section 71CB(1)—delete subsection (1) and
substitute:
(1) In this section—
shared residence means—
(a) in
relation to spouses or domestic partners—their principal place of residence of
which both or either of them is owner;
(b) in
relation to former spouses or 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)—after "former
spouses" insert:
, or domestic partners or former domestic partners
(4) Section 71CB(2)(b)—after "former
spouse" insert:
, or domestic partner or former domestic partner,
(5) Section 71CB(3)—after "former
spouses" insert:
or former domestic partners
(6) Section 71CB(3)—delete
"relationship" and substitute:
domestic partnership
(7) Section 71CB(4)—delete "de facto
relationship" wherever occurring and substitute in each case:
domestic partnership
(1) Section 71CBA(1), definitions of certificated
cohabitation agreement and cohabitation agreement—delete
the definitions and substitute:
certified domestic relationship property agreement has the same meaning as in the Domestic
Relationships Property Act 1996;
domestic relationship has the same meaning as in the Domestic Relationships
Property Act 1996;
(2) Section 71CBA(1), definition of property
adjustment order—delete "De Facto Relationships Act 1996"
and substitute:
Domestic Relationships Property Act 1996
(3) Section 71CBA(2)(a)—delete
"certificated cohabitation agreement" and substitute:
certified domestic relationship property agreement
(4) Section 71CBA(2)(b)(i)—delete
"certificated cohabitation agreement" and substitute:
certified domestic relationship property agreement
(5) Section 71CBA(2)(b)(iii)(A)—delete "de
facto" and substitute:
domestic
(6) Section 71CBA(2)(b)(iii)(B)—delete
subsubparagraph (B) and substitute:
(B) that
the parties to the former domestic relationship lived together continuously in
that relationship for at least 3 years; and
(7) Section 71CBA(2)(b)(iv)—delete "de
facto" wherever occurring and substitute in each case:
domestic
(8) Section 71CBA(2)(b)(v)—delete "defacto
partners" and substitute:
in a domestic relationship with each other
(9) Section 71CBA(2)(c)(i)—delete
"certificated cohabitation agreement" and substitute:
certified domestic relationship property agreement
(10) Section 71CBA(3)—delete "de facto"
wherever occurring and substitute in each case:
domestic
(11) Section 71CBA(5)(a)—delete
"certificated cohabitation agreement" and substitute:
certified domestic relationship property agreement
255—Amendment of section 71CC—Interfamilial transfer of farming property
(1) Section 71CC(1)(b)(ii)—after
"spouse" insert:
or domestic partner
(2) Section 71CC(5), definition of relative—after
"spouse" wherever occurring insert in each case:
or domestic partner
256—Amendment of section 91—Interpretation
(1) Section 91(1), definition of relative—after
"spouse," insert:
domestic partner,
(2) Section 91(4)(a)—delete "relationship
of de facto marriage" and substitute:
domestic partnership
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 82—Amendment of Superannuation Act 1988
258—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), definition of putative spouse—delete the definition
(3) Section 4(1), definition of spouse—delete
the definition and substitute:
spouse, in relation to a deceased contributor, means a person who was,
as at the date of the contributor's death, legally married to the contributor;
259—Repeal of sections 4A and 4B
Sections 4A and 4B—delete the sections
260—Amendment of section 28—Resignation and preservation of benefits
Section 28—after "spouse"
wherever occurring insert in each case:
or de facto partner
261—Amendment of section 28A—Resignation under voluntary separation package
Section 28A(3c)(c)—after
"spouse" wherever occurring insert in each case:
or de facto partner
262—Amendment of section 32—Death of contributor
(1) Section 32(1)(a), (b) and (ba)—after
"spouse" wherever occurring insert in each case:
or de facto partner
(2) Section 32(1)(c)—after "spouse"
insert:
, de facto partner
(3) Section 32(2)—after "spouse"
wherever occurring insert in each case:
or de facto partner
(4) Section 32(2)—delete "spouse's
dependency" and substitute:
dependency of the spouse or de facto partner
(5) Section 32(3)—after "spouse"
wherever occurring insert in each case:
or de facto partner
(6) Section 32(3a)—after "spouse"
insert:
or de facto partner
(7) Section 32(5)—after "spouse"
insert:
, de facto partner
263—Amendment of section 32A—PSESS benefit
Section 32A(4)—after "spouse"
wherever occurring insert in each case:
or de facto partner
(1) Section 32C(1)—after "spouse"
wherever occurring insert in each case:
or de facto partner
(2) Section 32C(2)—after "spouse"
wherever occurring insert in each case:
, de facto partner
(3) Section 32C(3)—after "spouse"
first and second occurring insert in each case:
or de facto partner
(4) Section 32C(3)(a)—after
"spouse"insert:
, de facto partner
(5) Section 32C(3)(b)(i)—delete "spouse's
benefit or the benefit payable to the estate" and substitute:
benefit payable to the spouse or de facto partner, or the benefit
payable to the estate,
(6) Section 32C(3)(b)(ii)—after
"spouse"insert:
, de facto partner
(7) Section 32C(4)—after "spouse"
insert:
, de facto partner
(8) Section 32C(5)—after "spouse"
wherever occurring insert in each case:
, de facto partner
(9) Section 32C(6)—after "spouse"
insert:
, de facto partner
265—Amendment of section 32D—Withheld amount
Section 32D(d)—after "spouse"
insert:
, de facto partner
266—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 spouse or de facto partner—the
spouse or de facto partner
(2) Section 38(1)(b) and (c)—after
"spouse" wherever occurring insert in each case:
or de facto partner
(3) Section 38(1)(d)—after "spouse"
insert:
, de facto partner
(4) Section
38(1a)—delete subsection (1a)
(5) Section 38(2)—after "spouse"
wherever occurring insert in each case:
or de facto partner
(6) Section 38(6)—after "spouse"
insert:
or de facto partner
(7) Section 38(7)—after "spouse"
insert:
, de facto partner
267—Amendment of section 39—Resignation and preservation of benefits
(1) Section 39(1c) and (2)—after
"spouse" wherever occurring insert in each case:
or de facto partner
(2) Section 39(5)(c) to (e)—after
"spouse" wherever occurring insert in each case:
or de facto partner
(3) Section 39(5)(f)—after "spouse"
insert:
, de facto partner
(4) Section 39(8a)—after "spouse"
insert:
or de facto partner
(5) Section 39(8b)—after "spouse"
insert:
, de facto partner
268—Amendment of section 39A—Resignation or retirement under voluntary separation package
Section 39A(3d)(c)—after
"spouse" wherever occurring insert in each case:
or de facto partner
269—Amendment of section 40A—Commutation to pay deferred superannuation contributions surcharge
(1) Section 40A(3)—after "spouse"
wherever occurring insert in each case:
or de facto partner
(2) Section
40A(3)—delete "spouse's"
(3) Section 40A(5)—after "spouse"
insert:
, de facto partner
(4) Section 40A(7)(a)—delete "spouse of
contributor" and substitute:
spouse or de facto partner of a contributor
(5) Section 40A(7)(a)—after "spouse"
second occurring insert:
or de facto partner
(6) Section 40A(7)—delete "application of
the contributor or spouse" and substitute:
application of the contributor, spouse or de facto partner
270—Amendment of section 45—Effect of workers compensation etc on pensions
(1) Section 45(2) and (4)—after
"spouse" wherever occurring insert in each case:
or de facto partner
(2) Section 45(5)—after "spouse"
insert:
, de facto 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 spouse or de facto 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 spouse or de facto partner (as the case may be).
(2) Section 46(3)—after "spouse"
insert:
or de facto 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)—after "spouse"
insert:
or de facto partner
(6) Section 46(5)—after "spouse"
third and fourth occurring insert in each case:
or de facto partner
272—Amendment of section 48—Repayment of contribution account balance and minimum benefits
Section 48(2)(b)—after "spouse"
wherever occurring insert in each case:
or de facto partner
273—Amendment of section 49—Special provision for payment in case of infancy or death
Section 49(2)(b)—after "spouse"
insert:
or de facto partner
(1) Schedule 1B, clause 4(7)—after
"spouse" wherever occurring insert in each case:
, de facto 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 83—Amendment of Superannuation Funds Management
Corporation of South Australia Act 1995
276—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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 3(1), definition of relative,
(a)—delete "or a parent" and substitute:
, domestic partner, a parent
(4) Section 3(1), definition of spouse—delete
the definition and substitute:
spouse—a person is the spouse of another if they are legally married;
(5) Section 3(2)—after "spouse"
wherever occurring insert in each case:
or domestic partner
Part 84—Amendment of Supported Residential Facilities
Act 1992
277—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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 3, definition of immediate
family, (a)—delete paragraph (a) and substitute:
(a) a
spouse or domestic partner;
(4) Section 3—after the definition of residential-only
premises insert:
spouse—a person is the spouse of another if they are legally married;
Part 85—Amendment of Supreme Court Act 1935
278—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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 13H(4c), definition of members
of the family—delete "wife or husband," insert:
spouse, domestic partner,
Part 86—Amendment of Transplantation and Anatomy
Act 1983
279—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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 5(1), definition of senior
available next of kin, (b)(i)—after "spouse" insert:
or domestic partner
(4) Section 5(1)—after the definition of senior
available next of kin insert:
spouse—a person is the spouse of another if they are legally married;
Part 87—Amendment of University of Adelaide
Act 1971
280—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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 17(10), definition of relative—after
"spouse," insert:
domestic partner,
(4) Section 17(10), definition of spouse—delete
the definition and substitute:
spouse—a person is the spouse of another if they are legally married.
Part 88—Amendment of University of South Australia
Act 1990
281—Amendment of section 15C—Duty of Council members with respect to conflict of interest
(1) Section 15C(8)—delete "the member's
spouse, or a relative of the member," and substitute:
a relative of the member
(2) Section 15C(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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 15C(10), definition of relative—after
"spouse," insert:
domestic partner,
(4) Section 15C(10), definition of spouse—delete
the definition and substitute:
spouse—a person is the spouse of another if they are legally married.
Part 89—Amendment of Upper South East Dryland Salinity
and Flood Management Act 2002
282—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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(2) Section 3(1), definition of spouse—delete
the definition and substitute:
spouse—a person is the spouse of another if they are legally married;
(3) Section 3(2)(b)—after
"spouse,"insert:
domestic partner,
Part 90—Amendment of Veterinary Practice Act 2003
283—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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(2) Section 46(1), definition of prescribed
relative—after "spouse," insert:
domestic partner,
(3) Section
46(1), definition of putative spouse—delete the definition
(4) Section 46(1), definition of spouse—delete
the definition and substitute:
spouse—a person is the spouse of another if they are legally married;
Part 91—Amendment of Victims of Crime Act 2001
284—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—after
"spouse," insert:
domestic partner,
(3) Section 4—after the definition of dependants
insert:
domestic co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(4) Section 4, definition of immediate
family, (a)—after "spouse" insert:
or domestic partner
(5) Section 4, definition of spouse—delete
the definition and substitute:
spouse—a person is the spouse of another if they are legally married;
285—Amendment of section 17—Eligibility to make claim
Section 17(2)(a)—after "spouse"
insert:
or domestic partner
286—Amendment of section 20—Orders for compensation
(1) Section 20(1)(c)—after "spouse"
insert:
or domestic partner
(2) Section 20(3)(b)(i)—delete "putative
spouse" and substitute:
domestic partner
287—Amendment of section 23—Joint offences
(1) Section 23(1)—after "spouse"
insert:
, domestic partner
(2) Section 23(2)—after "spouse"
insert:
, domestic partner
288—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 2005 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 92—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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
spouse—a person is the spouse of another if they are legally married.
290—Amendment of section 17—Gifts to an attesting witness
Section 17—after "spouse"
insert:
or domestic partner
291—Amendment of section 18—Creditor attesting to be admitted a witness
Section 18—delete "wife or
husband" and substitute:
spouse or domestic partner
Part 93—Amendment of Workers Rehabilitation and
Compensation Act 1986
292—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 co-dependant—a person is the domestic co-dependant of
another if—
(a) the
person lives with the other in a relationship of dependence; and
(b) the
person is party to a certified domestic relationship property agreement with
the other,
within the meaning of the Domestic Relationships Property Act
1996;
domestic partner means a de facto partner or domestic co-dependant;
(3) Section 3(1), definition of relative—after
"spouse," insert:
domestic partner,
(4) Section 3(1), definition of spouse—delete
the definition and substitute:
spouse—a person is the spouse of another if they are legally married;
293—Amendment of section 44—Compensation payable on death
(1) Section 44 (1)(b)—after "spouse"
insert:
or domestic partner
(2) Section 44(1)(b)(ii)—after
"spouse" insert:
or domestic partner
(3) Section 44(1)(e)—after "spouse"
insert:
, domestic partner
(4) Section 44(3)—after "spouse"
wherever occurring insert in each case:
or domestic partner
(5) Section 44(4)—after "spouse"
wherever occurring insert in each case:
or domestic partner
(6) Section 44(5)—after "spouse"
wherever occurring insert in each case:
or domestic partner
(7) Section 44(6)—after "spouse"
wherever occurring insert in each case:
, domestic partner
(8) Section 44(11)—after "spouse" insert:
or domestic partner
294—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 2005 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.
Schedule 1—Review of changes effected by this Act
1—Review of changes effected by this Act
(1) The
Minister must, as soon as practicable after the second anniversary of the
commencement of Part 33 (Amendment of Family Relationships Act 1975),
carry out a review of the operation and effectiveness of the amendments made by
this Act.
(2) The Minister is to prepare a report based on the review and, as soon as practicable after the report is prepared (and in any event not more than 12 months after the expiration of the 2 year period referred to in subclause (1)), have copies of the report laid before both Houses of Parliament.