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This is a Bill, not an Act. For current law, see the Acts databases.


STATUTES AMENDMENT (RELATIONSHIPS NO 2) BILL 2005

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:

Part 1—Preliminary

1—Short title

This Act may be cited as the Statutes Amendment (Relationships No 2) Act 2005.

2—Commencement

(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.

3—Amendment provisions

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;

5—Amendment of section 37—If executor or administrator out of jurisdiction, special administrator may be appointed

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

14—Amendment of section 72M—Limitation on right of personal representative to sell interest in dwellinghouse

(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

15—Transitional provision

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.

26—Transitional provision

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

36—Transitional provision

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;

42—Amendment of section 24—Effect and mode of bringing action, awarding of damages for funeral expenses etc

(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

43—Amendment of section 29—Liability to surviving spouse or domestic partner of person wrongfully killed

(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

50—Transitional provision

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,

54—Transitional provision

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.

61—Amendment of section 7—Relatives etc may object to cremation in cases where cremation not directed by deceased person

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

64—Amendment of section 132—Examination orders relating to applications for confirmation of forfeiture

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

70—Amendment of long title

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.

73—Substitution of section 4

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

77—Amendment of section 7—Consensual variation or revocation of domestic relationship property agreement

(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

83—Amendment of section 15—Protection of purchaser in good faith, for value and without notice of claim

Section 15—delete "de facto" and substitute:

domestic

84—Transitional provision

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

87—Transitional provision

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;

101—Substitution of Part 3

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.

103—Transitional provision

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.

107—Amendment of section 10—Criterion 3—Applicant (or applicant's spouse or domestic partner) must not have received earlier grant

(1) Section 10(1)(a)—after "spouse" insert:

or domestic partner

(2) Section 10(3)—after "spouse" insert:

or domestic partner

108—Amendment of section 11—Criterion 4—Applicant (or applicant's spouse or domestic partner) must not have had relevant interest in residential property

(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

110—Transitional provision

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

116—Amendment of long title

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

120—Transitional provision

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

124—Amendment of section 78—Medical practitioner, psychologist or other health professional cannot act under this Act in respect of a relative

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

132—Transitional provision

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

133—Amendment of long title

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

141—Amendment of section 17A—Commutation of pension to pay deferred superannuation contributions surcharge

(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

142—Transitional provision

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

144—Transitional provision

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

148—Transitional provision

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

168—Amendment of section 23AAC—Commutation to pay deferred superannuation contributions surcharge following death of member

(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

172—Amendment of section 24—Pension for spouse or de facto partner of deceased PSS 1 member pensioner

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

183—Amendment of section 36A—Division of benefit where deceased member is survived by more than 1 spouse or 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

186—Transitional provision

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

192—Transitional provision

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

196—Transitional provision

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

207—Amendment of section 26B—Commutation to pay deferred superannuation contributions surcharge following death of contributor

(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

217—Amendment of section 41—Division of benefit where deceased contributor is survived by more than 1 spouse or 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

222—Transitional provision

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;

234—Amendment of section 81—Termination because possession is required by landlord for certain purposes

(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

246—Amendment of section 35AAB—Commutation to pay deferred superannuation contributions surcharge following death of member

(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

248—Amendment of section 43—Division of benefit where deceased member is survived by more than 1 spouse or 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

250—Transitional provision

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

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

(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

254—Amendment of section 71CBA—Exemption from duty in respect of domestic relationship property agreements or property adjustment orders

(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

257—Transitional provision

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

264—Amendment of section 32C—Commutation to pay deferred superannuation contributions surcharge following death of contributor

(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

271—Amendment of section 46—Division of benefit where deceased contributor is survived by more than 1 spouse or 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

274—Amendment of Schedule 1B—Transfer of certain members of the Electricity Industry Superannuation Scheme to the State Scheme

(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

275—Transitional provision

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

289—Insertion of section 7A

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.

 


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