LEGISLATION (GAY, LESBIAN AND TRANSGENDER) AMENDMENT BILL 2002

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

LEGISLATION (GAY, LESBIAN AND TRANSGENDER) AMENDMENT BILL 2002

2002

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

Legislation (Gay, Lesbian and Transgender) Amendment Bill 2002

Contents

Page

Part 1.1 Agents Act 1968 6

Part 1.2 Bail Act 1992 6

Part 1.3 Casino Control Act 1988 7

Part 1.4 Children and Young People Act 1999 8

Part 1.5 Civil Law (Wrongs) Act 2002 8

Part 1.6 Confiscation of Criminal Assets Act 2002 9

Part 1.7 Cooperatives Act 2002 10

Part 1.8 Coroners Act 1997 11

Part 1.9 Crimes Act 1900 11

Part 1.10 Crimes (Forensic Procedures) Act 2000 13

Part 1.11 Custodial Escorts Regulations 2002 14

Part 1.12 Dangerous Goods Act 1975 15

Part 1.13 Discrimination Act 1991 15

Part 1.14 Domestic Relationships Act 1994 16

Part 1.15 Drugs of Dependence Act 1989 16

Part 1.16 Firearms Act 1996 17

Part 1.17 First Home Owner Grant Act 2000 17

Part 1.18 Gambling and Racing Control Act 1999 17

Part 1.19 Guardianship and Management of Property Act 1991 18

Part 1.20 Health Records (Privacy and Access) Act 1997 18

Part 1.21 Land (Planning and Environment) Act 1991 19

Part 1.22 Land Titles Act 1925 20

Part 1.23 Legal Practitioners Act 1970 20

Part 1.24 Liquor Act 1975 21

Part 1.25 Mental Health (Treatment and Care) Act 1994 22

Part 1.26 Periodic Detention Act 1995 22

Part 1.27 Periodic Detention Regulations 1995 23

Part 1.28 Perpetuities and Accumulations Act 1985 23

Part 1.29 Pharmacy Act 1931 24

Part 1.30 Powers of Attorney Act 1956 24

Part 1.31 Protection Orders Act 2001 24

Part 1.32 Remand Centres Regulations 1976 25

Part 1.33 Sale of Motor Vehicles Act 1977 26

Part 1.34 Transplantation and Anatomy Act 1978 27

Part 1.35 Truck Act 1900 28

Part 1.36 Victims of Crime (Financial Assistance) Act 1983 29

2002

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

Legislation (Gay, Lesbian and Transgender) Amendment Bill 2002

A Bill for

An Act to amend various Territory laws in relation to same sex relationships and transgender people, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1 Preliminary

1 Name of Act

This Act is the Legislation (Gay, Lesbian and Transgender) Amendment Act 2002.

2 Commencement

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

Part 2 Legislation Act 2001

3 Act amended—pt 2

This part amends the Legislation Act 2001.

4 New sections 169 and 169A

insert

169 References to domestic partner and domestic partnership

(1) In an Act or statutory instrument, a reference to a person’s domestic partner is a reference to someone who lives with the person in a domestic partnership, and includes a spouse.

(2) In an Act or statutory instrument, a domestic partnership is the relationship between 2 people, whether of a different or the same sex, living together as a couple on a genuine domestic basis.

169A References to transgender people

(1) A transgender person is a person who—

(a) identifies as a member of the opposite sex by living, or seeking to live, as a member of the opposite sex; or

(b) has identified as a member of the opposite sex by living as a member of the opposite sex; or

whether or not the person is a recognised transgender person.

(2) A transgender person includes a person who is thought of as a transgender person, whether or not the person is a recognised transgender person.

(3) A recognised transgender person is a person the record of whose sex is altered under the Births, Deaths and Marriages Registration Act 1997, part 4 or the corresponding provisions of a law of a State or another Territory.

5 Dictionary, part 1, new definitions

insert

domestic partner—see section 169 (1).

domestic partnership—see section 169 (2).

recognised transgender person—see section 169A (3).

transgender person—see section 169A (1) and (2).

Part 3 Additional amendments

6 Additional amendments—sch 1

Schedule 1 amends the Acts and regulations mentioned in it.

Schedule 1 Additional amendments

(see s 6)

Part 1.1 Agents Act 1968

[1.1] Section 64 (1)

omit

(1) A licensed agent

substitute

A licensed agent

[1.2] Section 64 (1) (b)

substitute

(b) who is an employee, a partner, the domestic partner, a child, a parent, or a brother or sister, of the licensed agent; or

Note For the meaning of domestic partner, see Legislation Act, s 169.

[1.3] Section 64 (2)

omit

Part 1.2 Bail Act 1992

[1.4] Section 3 (1), definition of de facto spouse

omit

[1.5] Section 3 (1), definition of relative, paragraph (b)

substitute

(b) if the original person has or had a domestic partner (other than a spouse)—includes someone who would have been a relative of a kind mentioned in paragraph (a) if the original person had been legally married to the domestic partner; and

Note For the meaning of domestic partner, see Legislation Act, s 169.

[1.6] Section 3 (1), definition of relevant person, paragraph (a)

substitute

(a) a domestic partner or former domestic partner of the original person; or

[1.7] Section 3 (1), definition of relevant person, paragraph (c)

substitute

[1.8] Section 3 (1), definition of spouse

omit

Part 1.3 Casino Control Act 1988

[1.9] New section 108 (5)

insert

(5) In this section:

same sex, for a transgender person, means the same sex as the sex with which the transgender person identifies.

Note For the meaning of transgender person, see Legislation Act, s 169A.

Part 1.4 Children and Young People Act 1999

[1.10] New section 400 (7)

insert

(7) In this section:

opposite sex, for a transgender person, means the opposite sex to the sex with which the transgender person identifies.

Note For the meaning of transgender person, see Legislation Act, s 169A.

same sex, for a transgender person, means the same sex as the sex with which the transgender person identifies.

Part 1.5 Civil Law (Wrongs) Act 2002

[1.11] Section 20, definition of member, paragraphs (a) and (b)

substitute

(a) a domestic partner; or

[1.12] Section 20, definition of member

renumber paragraphs when Act next republished under Legislation Act 2001

[1.13] Section 29, definition of family member, paragraphs (a) and (b)

substitute

(a) a domestic partner;

[1.14] Section 29, definition of family member

renumber paragraphs when Act next republished under Legislation Act 2001

[1.15] Section 31 (1) (b), (c) and (d)

substitute

(b) a domestic partner of A; or

(c) another family member of A, if A was killed, injured or put in danger within the sight or hearing of the other family member.

[1.16] Dictionary, note 2

insert

• domestic partner (see s 169)

Part 1.6 Confiscation of Criminal Assets Act 2002

[1.17] Section 37 (5), definitions of domestic partner and domestic partnership

omit

[1.18] Section 210 (4), definition of transgender person

omit

[1.19] Dictionary, note 2

insert

• domestic partner (see s 169)

• transgender person (see s169A)

Part 1.7 Cooperatives Act 2002

[1.20] Section 155 (d)

omit

spouse

substitute

domestic partner

[1.21] Section 232 (1), definition of associate

omit

spouse

substitute

domestic partner

[1.22] Section 276 (1) (b)

omit

spouse

substitute

domestic partner

[1.23] Dictionary, definition of spouse

omit

[1.24] Dictionary, note 2

insert

• domestic partner

Part 1.8 Coroners Act 1997

[1.25] Section 3 (1), definition of immediate family, paragraph (a)

omit

spouse

substitute

domestic partner

[1.26] Section 3 (1), definition of immediate family, new note

insert

Note For the meaning of domestic partner, see Legislation Act, s 169.

[1.27] Section 3 (1), definition of spouse

omit

Part 1.9 Crimes Act 1900

[1.28] Section 185, new definitions

insert

opposite sex, for a transgender person, means the opposite sex to the sex with which the transgender person identifies.

same sex, for a transgender person, means the same sex as the sex with which the transgender person identifies.

[1.29] Section 397 (1)

omit

spouse

substitute

domestic partner

[1.30] Dictionary, note 2

insert

• domestic partner (see s 169)

• transgender person (see s169A)

[1.31] Dictionary, definition of de facto spouse

omit

[1.32] Dictionary, new definition of domestic partner and opposite sex

insert

domestic partner includes former domestic partner.

opposite sex, for a transgender person and part 10 (Criminal investigation)—see section 185.

[1.33] Dictionary, definition of relative, paragraph (b)

substitute

[1.34] Dictionary, definition of relevant person, paragraph (a)

substitute

(a) a domestic partner of the original person; or

[1.35] Dictionary, definition of relevant person, paragraph (c)

substitute

[1.36] Dictionary, new definition of same sex

same sex, for a transgender person and part 10 (Criminal investigation)—see section 185.

[1.37] Dictionary, definition of spouse

omit

Part 1.10 Crimes (Forensic Procedures) Act 2000

[1.38] Section 6, note

omit

[1.39] Section 17

substitute

17 Application of Act to transgender people

In this Act:

opposite sex, for a transgender person, means the opposite sex to the sex with which the transgender person identifies.

same sex, for a transgender person, means the same sex as the sex with which the transgender person identifies.

[1.40] Dictionary, note 2

insert

• transgender person (see s 169A)

[1.41] Dictionary, definition of opposite sex

omit

(4)

[1.42] Dictionary, definition of recognised transgender person

omit

[1.43] Dictionary, definition of same sex

omit

(4)

[1.44] Dictionary, definition of transgender person

omit

Part 1.11 Custodial Escorts Regulations 2002

[1.45] Regulation 6 (8), new definitions

insert

opposite sex, for a transgender person, means the opposite sex to the sex with which the transgender person identifies.

Note For the meaning of transgender person, see Legislation Act, s 169A.

same sex, for a transgender person, means the same sex as the sex with which the transgender person identifies.

Part 1.12 Dangerous Goods Act 1975

[1.46] Section 42 (2)

substitute

(2) A search of a person under this section must be conducted by a person of the same sex as the person being searched.

(3) In this section:

same sex, for a transgender person, means the same sex as the sex with which the transgender person identifies.

[1.47] Section 43 (3)

substitute

(3) A search of a person under this section must be conducted by a person of the same sex as the person being searched.

(4) In this section:

same sex—see section 42 (3).

[1.48] Dictionary, note 2

insert

• transgender person (see s 169A)

Part 1.13 Discrimination Act 1991

[1.49] Section 4 (1), definitions of domestic partner and domestic partnership

omit

[1.50] Section 4 (1), definition of relationship status

insert

Note For the meaning of domestic partner, see Legislation Act, s 169.

[1.51] Section 35, new note

insert

Note For the meaning of domestic partnership, see Legislation Act, s 169.

Part 1.14 Domestic Relationships Act 1994

[1.52] Section 3 (1), definition of domestic relationship

substitute

domestic relationship means a personal relationship between 2 adults in which one provides personal or financial commitment and support of a domestic nature for the material benefit of the other and includes a domestic partnership but does not include a legal marriage.

[1.53] Section 3 (1), definition of domestic relationship, new note

insert

Note For the meaning of domestic partnership, see Legislation Act, s 169.

Part 1.15 Drugs of Dependence Act 1989

[1.54] New section 189 (4)

insert

(4) In this section:

same sex, for a transgender person, means the same sex as the sex with which the transgender person identifies.

Note For the meaning of transgender person, see Legislation Act, s 169A.

Part 1.16 Firearms Act 1996

[1.55] New section 75 (3)

insert

(3) In this section:

same sex, for a transgender person, means the same sex as the sex with which the transgender person identifies.

Note For the meaning of transgender person, see Legislation Act, s 169A.

Part 1.17 First Home Owner Grant Act 2000

[1.56] Section 6 (1)

substitute

(1) A person is the partner of the applicant if the person is the applicant’s domestic partner.

Note For the meaning of domestic partner, see Legislation Act, s 169.

[1.57] Section 6 (3)

omit

Part 1.18 Gambling and Racing Control Act 1999

[1.58] Schedule 1, clause 2 (3) (a)

omit

spouse

substitute

domestic partner

[1.59] Schedule 1, clause 2 (3) (a), new note

insert

Note For the meaning of domestic partner, see Legislation Act, s 169.

Part 1.19 Guardianship and Management of Property Act 1991

[1.60] Sections 10 (5) and 35 (1) (b)

omit

spouse

substitute

domestic partner

[1.61] Dictionary, note 2

insert

• domestic partner (see s 169)

[1.62] Dictionary, definition of spouse

omit

Part 1.20 Health Records (Privacy and Access) Act 1997

[1.63] Section 4, definition of immediate family member, paragraph (a) (ii)

substitute

(ii) a domestic partner of the consumer; or

[1.64] Section 4, definition of immediate family member, paragraph (a), new note

insert

Note For the meaning of domestic partner, see Legislation Act, s 169.

Part 1.21 Land (Planning and Environment) Act 1991

[1.65] Section 186D (5) (a)

omit

partner

substitute

domestic partner

[1.66] Section 186D (7)

substitute

(7) In this section:

child, of a lessee, includes a child of the lessee’s domestic partner.

[1.67] Dictionary, note 2

insert

• domestic partner (see s 169)

Part 1.22 Land Titles Act 1925

[1.68] Section 79

omit

spouse

substitute

domestic partner

[1.69] Section 79, new note

insert

Note For the meaning of domestic partner, see Legislation Act, s 169.

Part 1.23 Legal Practitioners Act 1970

[1.70] Section 102 (1) (c)

substitute

Note For the meaning of domestic partner, see Legislation Act, s 169.

[1.71] Section 102 (2) (b) (ii)

substitute

(ii) the domestic partner of the solicitor by whom the records are kept; or

[1.72] Section 113 (2)

omit

spouse or de facto spouse

substitute

domestic partner

[1.73] Section 113 (2), new note

insert

Note For the meaning of domestic partner, see Legislation Act, s 169.

Part 1.24 Liquor Act 1975

[1.74] Section 151, definition of responsible adult, paragraph (a)

omit

spouse

substitute

domestic partner

[1.75] Section 151, definition of responsible adult, new note

insert

Note For the meaning of domestic partner, see Legislation Act, s 169.

[1.76] Section 151, definition of spouse

omit

Part 1.25 Mental Health (Treatment and Care) Act 1994

[1.77] Section 4, definition of relative

omit

spouse

substitute

domestic partner

[1.78] Section 4, definition of relative, new note

insert

Note For the meaning of domestic partner, see Legislation Act, s 169.

[1.79] Section 4, definition of spouse

omit

Part 1.26 Periodic Detention Act 1995

[1.80] Section 50 (7), new definitions

insert

opposite sex, for a transgender person, means the opposite sex to the sex with which the transgender person identifies.

Note For the meaning of transgender person, see Legislation Act, s 169A.

same sex, for a transgender person, means the same sex as the sex with which the transgender person identifies.

Part 1.27 Periodic Detention Regulations 1995

[1.81] Schedule 2, clause 1

omit

An officer

substitute

(1) An officer

[1.82] Schedule 2, clause 1

insert

(2) In this clause:

same sex, for a transgender person, means the same sex as the sex with which the transgender person identifies.

Note For the meaning of transgender person, see Legislation Act, s 169A.

Part 1.28 Perpetuities and Accumulations Act 1985

[1.83] Section 14 (1) (c)

omit

spouses

substitute

spouses, de facto spouses, domestic partners

[1.84] Section 14 (1) (c), new note

insert

Note For the meaning of domestic partner, see Legislation Act, s 169.

Part 1.29 Pharmacy Act 1931

[1.85] Section 9A (2), definition of specified relative

substitute

specified relative means a domestic partner, parent, child or grandchild.

Note For the meaning of domestic partner, see Legislation Act, s 169.

Part 1.30 Powers of Attorney Act 1956

[1.86] Section 2 (1), definition of relative, paragraph (b)

substitute

(b) a domestic partner.

Note For the meaning of domestic partner, see Legislation Act, s 169.

Part 1.31 Protection Orders Act 2001

[1.87] Section 23 (2), example

omit

defacto spouses

substitute

domestic partners

[1.88] Dictionary, note 2

insert

• domestic partner (see s 169)

[1.89] Dictionary, definition of de facto spouse

omit

[1.90] Dictionary, new definition of domestic partner

insert

domestic partner includes a former domestic partner.

[1.91] Dictionary, definition of relative, paragraph (b)

substitute

Note For the meaning of domestic partner, see Legislation Act, s 169.

[1.92] Dictionary, definition of relevant person, paragraph (a)

substitute

(a) a domestic partner of the original person; or

[1.93] Dictionary, definition of relevant person, paragraph (c)

substitute

[1.94] Dictionary, definition of spouse

omit

Part 1.32 Remand Centres Regulations 1976

[1.95] Regulation 7 (3)

substitute

(3) The search of a detainee or his or her quarters under subsection (1) or (2) must, if practicable, be carried out by a custodial officer of the same sex as the detainee.

[1.96] New regulation 7 (8)

insert

(8) In this regulation:

same sex, for a transgender person, means the same sex as the sex with which the transgender person identifies.

Note For the meaning of transgender person, see Legislation Act, s 169A.

[1.97] New regulation 10 (5A)

insert

(5A) For subregulation (5), a transgender person is taken to be of the sex with which the transgender person identifies.

Note For the meaning of transgender person, see Legislation Act, s 169A.

[1.98] Regulation 10

renumber subregulations when regulations next republished under Legislation Act 2001

Part 1.33 Sale of Motor Vehicles Act 1977

[1.99] Section 42 (b)

substitute

(b) who is an employee of, or is the domestic partner of, the licensed dealer; or

Note For the meaning of domestic partner, see Legislation Act, s 169.

Part 1.34 Transplantation and Anatomy Act 1978

[1.100] Section 4 (1), definition of next of kin

substitute

next of kin means—

(a) for a dead child—someone mentioned in the definition of senior available next of kin, paragraph (a) (i), (ii) or (iii); or

(b) for any other dead person—someone mentioned in that definition, paragraph (b) (i), (ii), (iii), (iv) or (v).

[1.101] Section 4 (1), definition of senior available next of kin

substitute

senior available next of kin means—

(a) for a dead child—

(i) if a parent of the child is available—the parent; or

(ii) if a parent of the child is not available—an adult brother or sister of the child who is available; or

(iii) if no-one mentioned in subparagraph (i) or (ii) is available—someone who was the child’s guardian immediately before the child’s death and who is available; and

(b) for any other dead person—

(i) if the person was, immediately before his or her death, party to a domestic partnership and the person who was then his or her domestic partner is available—the domestic partner; or

(ii) if the person was, immediately before his or her death, party to a domestic partnership but the person who was then his or her domestic partner is not available— an adult son or daughter of the dead person who is available; or

(iii) if the person was not, immediately before his or her death, party to a domestic partnership—an adult son or daughter of the dead person who is available; or

(iv) if no-one mentioned in subparagraph (i), (ii) or (iii) is available but a parent of the dead person is available—the parent; or

(v) if no-one mentioned in subparagraph (i), (ii), (iii) or (iv) is available— an adult brother or sister of the dead person who is available.

Note For the meaning of domestic partner and domestic partnership, see Legislation Act, s 169.

[1.102] Section 26

omit

Part 1.35 Truck Act 1900

[1.103] Section 10 (1) (e)

omit

spouse

substitute

domestic partner

[1.104] Section 10 (1) (e), new note

insert

Note For the meaning of domestic partner, see Legislation Act, s 169.

Part 1.36 Victims of Crime (Financial Assistance) Act 1983

[1.105] Section 2, definition of close family member, paragraph (a)

substitute

(a) the domestic partner of the victim; or

Note For the meaning of domestic partner, see Legislation Act, s 169.

Endnote

Republications of amended laws

For the latest republication of amended laws, see www.legislation.act.gov.au.

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