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TASMANIA
__________
JUSTICE AND RELATED LEGISLATION
(MARRIAGE AMENDMENTS) BILL 2018
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - ADOPTION ACT 1988 AMENDED
3. Principal Act
4. Section 20 amended (Persons in whose favour adoption orders
may be made)
5. Section 29 amended (Consents required to adoption)
6. Section 104 amended (Taking away, &c., adopted child by
natural parent)
7. Section 109 amended (Restriction on publication of identity of
parties)
PART 3 - ANTI-DISCRIMINATION ACT 1998 AMENDED
8. Principal Act
9. Section 3 amended (Interpretation)
10. Section 16 amended (Discrimination on ground of attribute)
11. Section 19 amended (Inciting hatred)
[Bill 47]-VII
PART 4 - BIRTHS, DEATHS AND MARRIAGES REGISTRATION
ACT 1999 AMENDED
12. Principal Act
13. Section 3 amended (Interpretation)
14. Section 11 amended (Notification of births)
15. Section 15 amended (Obligation to have birth registered)
16. Section 16 amended (Registration)
17. Section 17 amended (Registration of parentage details)
18. Section 23 amended (Application to register change of adult's
name)
19. Section 24 amended (Application to register change of child's
name)
20. Section 26 amended (Registration of change of name)
21. Part 4A substituted
PART 4A - Inclusion of gender information, change or
deletion of gender
28A. Inclusion of gender information
28B. Child's consent to the gender included
28C. Application to register change or removal of sex or
gender from the Register
28D. Application to be accompanied by documents
28E. Registration of inclusion or change of gender
information
28F. Issue of birth certificate after change of gender
28G. Issue of birth certificate to those other than the
person concerned or a person with parental authority
28H. Effect of recording of change of gender
28I. Recognition of certificates issued outside Tasmania
28J. Saving for rights of persons who have changed or
deleted their sex or gender information
28K. Historical records to be kept
22. Section 40 amended (The Register)
23. Section 46 amended (Issue of certificate)
24. Section 51 amended (Additional services)
PART 5 - CIVIL LIABILITY ACT 2002 AMENDED
25. Principal Act
2
26. Section 28D amended (Abolition of action for loss of
consortium)
PART 6 - CONVEYANCING AND LAW OF PROPERTY ACT 1884
AMENDED
27. Principal Act
28. Section 62 amended (Conveyance by person to himself: Bodies
corporate, joint tenancies)
PART 7 - CRIMINAL CODE ACT 1924 AMENDED
29. Principal Act
30. Principal Act amended
PART 8 - STATUS OF CHILDREN ACT 1974 AMENDED
31. Principal Act
32. Section 3 amended (All children to be of equal status)
33. Section 5 amended (Presumption of parentage arising from
marriage)
34. Section 10C amended (Presumptions as to parenthood)
PART 9 - REPEAL OF ACT
35. Repeal of Act
3
4
JUSTICE AND RELATED LEGISLATION
(MARRIAGE AMENDMENTS) BILL 2018
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
20 November 2018
(Brought in by the Minister for Justice, the Honourable Elise
Nicole Archer)
A BILL FOR
An Act to amend the Adoption Act 1988, the Anti-
Discrimination Act 1998, the Births, Deaths and Marriages
Registration Act 1999, the Civil Liability Act 2002, the
Conveyancing and Law of Property Act 1884, the Criminal
Code Act 1924 and the Status of Children Act 1974
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Justice and Related
Legislation (Marriage Amendments) Act 2018.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 47] 5
Justice and Related Legislation (Marriage Amendments) Act
2018
Act No. of 2018
s. 3 Part 2 - Adoption Act 1988 Amended
PART 2 - ADOPTION ACT 1988 AMENDED
3. Principal Act
In this Part, the Adoption Act 1988* is referred to
as the Principal Act.
4. Section 20 amended (Persons in whose favour
adoption orders may be made)
Section 20(3)(b) of the Principal Act is amended
by omitting "section 29(3)" and substituting
"section 29(2) or (3)".
5. Section 29 amended (Consents required to
adoption)
Section 29 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2) "parents
were married to each other" and
substituting "mother was married to a
man";
(b) by inserting in subsection (4A) "married
to, or" after "mother was";
(c) by omitting from subsection (4A) "with"
first occurring and substituting "with,";
_______________________________________________________________
*No. 41 of 1988
6
Justice and Related Legislation (Marriage Amendments) Act 2018
Act No. of 2018
Part 2 - Adoption Act 1988 Amended s. 6
(d) by inserting in subsection (4A) "marriage
or" after "that";
(e) by inserting in subsection (4A)(a)
"marriage or" after "in the".
6. Section 104 amended (Taking away, &c., adopted
child by natural parent)
Section 104 of the Principal Act is amended as
follows:
(a) by omitting "the father, mother, or a
guardian" and substituting "a parent or
guardian";
(b) by omitting "the father, mother," second
occurring and substituting "the parent".
7. Section 109 amended (Restriction on publication of
identity of parties)
Section 109(1)(c) of the Principal Act is
amended by omitting "the father, mother," and
substituting "a parent".
7
Justice and Related Legislation (Marriage Amendments) Act
2018
Act No. of 2018
s. 8 Part 3 - Anti-Discrimination Act 1998 Amended
PART 3 - ANTI-DISCRIMINATION ACT 1998
AMENDED
8. Principal Act
In this Part, the Anti-Discrimination Act 1998* is
referred to as the Principal Act.
9. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of family responsibilities:
gender expression means any personal
physical expression, appearance
(whether by way of medical
intervention or not), speech,
mannerisms, behavioural
patterns, names and personal
references that manifest or
express gender or gender identity;
(b) by inserting "including gender
expression" after "individual" in the
definition of gender identity;
(c) by omitting "includes transsexualism and
transgenderism" from the definition of
gender identity and substituting "may
_______________________________________________________________
*No. 46 of 1998
8
Justice and Related Legislation (Marriage Amendments) Act 2018
Act No. of 2018
Part 3 - Anti-Discrimination Act 1998 Amended s. 9
include being transgender or
transsexual";
(d) by omitting the definition of intersex;
(e) by inserting the following definition after
the definition of services:
sex characteristics means a person's
physical, hormonal or genetic
features relating to sex, including
genitalia and other sexual and
reproductive anatomy,
chromosomes, genes, hormones,
and secondary sex characteristics;
(f) by omitting "gender;" from paragraph (b)
of the definition of transgender and
substituting "gender; or";
(g) by inserting the following paragraph after
paragraph (b) in the definition of
transgender:
(c) identifies themselves as a
member of another gender, and
lives or seeks to live as a member
of that gender;
(h) by omitting the definition of
transgenderism;
(i) by omitting the definition of
transsexualism.
9
Justice and Related Legislation (Marriage Amendments) Act
2018
Act No. of 2018
s. 10 Part 3 - Anti-Discrimination Act 1998 Amended
10. Section 16 amended (Discrimination on ground of
attribute)
Section 16(eb) of the Principal Act is amended
by inserting "variations of sex characteristics "
after "intersex".
11. Section 19 amended (Inciting hatred)
Section 19 of the Principal Act is amended as
follows:
(a) by omitting from paragraph (d) "group."
and substituting "group; or";
(b) by inserting the following paragraph after
paragraph (d):
(e) the gender identity or intersex
variations of sex characteristics of
the person or any member of the
group.
10
Justice and Related Legislation (Marriage Amendments) Act 2018
Act No. of 2018
Part 4 - Births, Deaths and Marriages Registration Act 1999 Amended s. 12
PART 4 - BIRTHS, DEATHS AND MARRIAGES
REGISTRATION ACT 1999 AMENDED
12. Principal Act
In this Part, the Births, Deaths and Marriages
Registration Act 1999* is referred to as the
Principal Act.
13. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by inserting the following definitions
after the definition of funeral director:
gender means -
(a) the apparent sex of an
infant specified by the
parent; or
(b) the gender identity of the
person as specified on a
gender affirmation
declaration;
gender affirmation declaration means
a statutory declaration in which
the declarant affirms the
declarant's gender identity;
_______________________________________________________________
*No. 58 of 1999
11
Justice and Related Legislation (Marriage Amendments) Act
2018
Act No. of 2018
s. 13 Part 4 - Births, Deaths and Marriages Registration Act 1999 Amended
(b) by omitting the definition of recognition
certificate and substituting the following
definition:
recognition certificate means a
certificate that -
(a) is issued under a law of
another State or territory
that recognises that a
person may have changed
sex or gender; and
(b) is issued in respect of a
person who has changed
sex or gender; and
(c) states the sex or gender of
that person as so changed;
(c) by omitting the definition of sexual
reassignment surgery and substituting
the following definition:
sex characteristics means a person's
physical, hormonal or genetic
features relating to sex, including
genitalia and other sexual and
reproductive anatomy,
chromosomes, genes, hormones,
and secondary sexual
characteristics;
12
Justice and Related Legislation (Marriage Amendments) Act 2018
Act No. of 2018
Part 4 - Births, Deaths and Marriages Registration Act 1999 Amended s. 14
14. Section 11 amended (Notification of births)
Section 11(3) of the Principal Act is amended by
inserting after paragraph (a) the following
paragraph:
(aa) in the case of a live birth where
variations of sex characteristics do not
allow an easy assignment of gender,
within 120 days of birth; or
15. Section 15 amended (Obligation to have birth
registered)
Section 15 of the Principal Act is amended by
omitting subsection (1) and substituting the
following subsection:
(1) A person responsible for having the birth
of a child registered must ensure that a
birth registration statement is lodged with
the Registrar -
(a) within 60 days after the date of
the birth; or
(b) in the case of a live birth where
variations of sex characteristics
do not allow for an easy
assignment of gender, within 120
days of birth.
Penalty: Fine not exceeding 10 penalty
units.
13
Justice and Related Legislation (Marriage Amendments) Act
2018
Act No. of 2018
s. 16 Part 4 - Births, Deaths and Marriages Registration Act 1999 Amended
16. Section 16 amended (Registration)
Section 16 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(3) The Registrar may only collect
information about sex or gender under
section 50 of this Act, except as
otherwise allowed under Part 4A.
17. Section 17 amended (Registration of parentage
details)
Section 17(1)(a) of the Principal Act is amended
by omitting "father and the mother" and
substituting "parents".
18. Section 23 amended (Application to register change
of adult's name)
Section 23 of the Principal Act is amended by
omitting "An adult person" and substituting "A
person of 16 years or over".
19. Section 24 amended (Application to register change
of child's name)
Section 24 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "under the
age of 16 years" after "child";
14
Justice and Related Legislation (Marriage Amendments) Act 2018
Act No. of 2018
Part 4 - Births, Deaths and Marriages Registration Act 1999 Amended s. 20
(b) by inserting in subsection (2) "under
subsection (1)" after "one parent";
(c) by omitting from subsection (3) "if
satisfied that the change is in the child's
best interests" and substituting "under
subsection (1) if satisfied that the change
is consistent with the child's will and
preferences".
20. Section 26 amended (Registration of change of
name)
Section 26 of the Principal Act is amended by
inserting after subsection (3) the following
subsections:
(4) If a change of name is registered under
this Part in any respect of any person, a
birth certificate issued by the Registrar
for the person is to show the person's
name as registered without any notation
or indication that the person was
previously registered as having another
name unless a request is made under
subsection (5).
(5) If requested by the person whose details
are registered, the Registrar may issue an
extract from the Register which shows
the person's name as registered with a
notation that the person was previously
registered as having another name.
15
Justice and Related Legislation (Marriage Amendments) Act
2018
Act No. of 2018
s. 21 Part 4 - Births, Deaths and Marriages Registration Act 1999 Amended
21. Part 4A substituted
Part 4A of the Principal Act is repealed and the
following Part is substituted:
PART 4A - INCLUSION OF GENDER
INFORMATION, CHANGE OR DELETION OF
GENDER
28A. Inclusion of gender information
(1) A person aged 16 years or more, on
providing their gender affirmation
declaration to the Registrar, may apply to
the Registrar for inclusion of gender
information under section 50 of this Act.
(2) The parents of a child aged under 16
years whose birth is registered in the
State may apply to the Registrar, in a
form approved by the Registrar, for
inclusion of gender information under
section 50 of this Act.
(3) An application for inclusion of gender
information for a child under the age of
16 years may be made by one parent or
guardian if -
(a) the applicant is the sole parent
named in the registration of the
child's birth under this Act or any
other law; or
16
Justice and Related Legislation (Marriage Amendments) Act 2018
Act No. of 2018
Part 4 - Births, Deaths and Marriages Registration Act 1999 Amended s. 21
(b) the applicant is the sole guardian
of the child; or
(c) there is no other surviving parent
of the child; or
(d) a magistrate approves the
proposed collection and retention
of gender under subsection (4).
(4) A magistrate may, on application by a
parent of a child under 16 years, approve
inclusion of gender information for the
child if satisfied that the change is in
accordance with the requirements under
section 28B(a).
28B. Child's consent to the gender included
For the purposes of section 28A, gender
information of a person under the age of
16 years must not be included unless -
(a) the gender to be included is
consistent with the will and
preferences of the person; or
(b) the person is unable to understand
the meaning and implications of
the gender to be included.
28C. Application to register change or removal of
sex or gender from the Register
(1) A person aged 16 years or more whose
birth is entered in the Register who has
17
Justice and Related Legislation (Marriage Amendments) Act
2018
Act No. of 2018
s. 21 Part 4 - Births, Deaths and Marriages Registration Act 1999 Amended
made a gender affirmation declaration
and provided it to the Registrar may
apply to the Registrar for a change of that
person's registered sex or gender to
record current gender, or removal of sex
or gender information from the Register.
(2) The parent of a person under 16 years
whose birth is registered in the State may
apply to the Registrar, in a form
approved by the Registrar, for
registration of a change of the person's
sex or gender to record current gender or
removal of sex or gender information
from the Register.
(3) An application for registration of a
change or deletion of the sex or gender
information of a person under 16 years
may be made by one parent if -
(a) the applicant is the sole parent
named in the registration of the
person's birth under this Act or
any other law; or
(b) the applicant is the sole guardian
of the person; or
(c) there is no other surviving parent
of the person; or
(d) a magistrate approves the
proposed change of gender under
subsection (4).
18
Justice and Related Legislation (Marriage Amendments) Act 2018
Act No. of 2018
Part 4 - Births, Deaths and Marriages Registration Act 1999 Amended s. 21
(4) A magistrate may, on application by a
parent of a person under 16 years,
approve a proposed -
(a) change of registered sex to
current gender; or
(b) change of registered gender; or
(c) removal of sex or gender
information -
for the person if satisfied that the change
is in accordance with the person's will
and preferences.
(5) For the purposes of subsection (4), the
will and preferences of the person are to
be ascertained by the Magistrate from the
person's gender affirmation declaration
or by the Magistrate asking the person.
28D. Application to be accompanied by
documents
An application under section 28A or 28C
is to be accompanied by -
(a) for a person aged 16 years or
over, a gender affirmation
declaration; or
(b) from a parent or guardian for a
person aged under 16 years -
19
Justice and Related Legislation (Marriage Amendments) Act
2018
Act No. of 2018
s. 21 Part 4 - Births, Deaths and Marriages Registration Act 1999 Amended
(i) an application in a form
approved by the
Registrar; and
(ii) where the person is able
to make a gender
affirmation declaration,
that gender affirmation
declaration;
(c) any other document or
information that the Registrar
reasonably requires, but the
Registrar must not require any
form of medical certificates or
other medical documentation
relating to sex or gender.
28E. Registration of inclusion or change of gender
information
(1) On receipt of an application under
section 28A or 28C, the Registrar must -
(a) ensure gender information is
collected under section 50; or
(b) register the change of registered
sex or gender to the current
gender by making an entry of the
change in the Register; or
(c) refuse to register the change.
20
Justice and Related Legislation (Marriage Amendments) Act 2018
Act No. of 2018
Part 4 - Births, Deaths and Marriages Registration Act 1999 Amended s. 21
(2) Should the Registrar refuse the
application under subsection (1)(c), the
reason for refusal must be documented,
and the decision may subsequently be -
(a) reconsidered by the Registrar; or
(b) reviewed by a magistrate under
section 53 -
on receipt of a request for review from
the applicant.
(3) In determining whether or not to note the
particulars of a change of gender, the
Registrar may require the person or
persons who signed the application to
provide further particulars as the
Registrar reasonably requires, other than
those excluded under section 28D(c).
28F. Issue of birth certificate after change of
gender
(1) If the sex or gender information
registered is changed under this Part in
respect of any person, a birth certificate
issued by the Registrar for the person is -
(a) not to show any sex or gender
information; or
(b) at the request of the applicant, to
show the person's gender as
registered without any notation or
indication that the person was
21
Justice and Related Legislation (Marriage Amendments) Act
2018
Act No. of 2018
s. 21 Part 4 - Births, Deaths and Marriages Registration Act 1999 Amended
previously registered as of
another sex or gender unless a
request is made under
subsection (2).
(2) If requested by the person whose details
are registered, the Registrar may issue an
extract from the Register which shows
the person's gender as registered with a
notation that the person was previously
registered as of another sex or gender.
28G. Issue of birth certificate to those other than
the person concerned or a person with
parental authority
The child of a person for whom the sex
or gender information registered has been
changed under this Part, or a prescribed
person, may apply to the Registrar, in a
form approved by the Registrar clearly
stating the reasons for this request, for a
birth certificate of the person that shows
the person's sex or gender before the
change of gender, and if -
(a) the Registrar is satisfied that there
is a valid reason for releasing
private information; and
(b) the Registrar is satisfied that the
person is unable to consent to the
disclosure due to death or
incapacity; and
22
Justice and Related Legislation (Marriage Amendments) Act 2018
Act No. of 2018
Part 4 - Births, Deaths and Marriages Registration Act 1999 Amended s. 21
(c) there are unlikely to be negative
consequences to the person
concerned -
the Registrar may issue the birth
certificate to the child or prescribed
person showing the person's sex or
gender as previously registered with a
notation that the person has been
subsequently registered as of another
gender.
28H. Effect of recording of change of gender
(1) Where a person's change of gender is
recorded under this Part, the person is,
for the purposes of, but subject to, any
law in force in this State, a person of the
gender as so changed.
(2) Any reference to a person's sex in any
law in force in this State is deemed to be
a reference to the person's gender as
recorded under this Part.
(3) A person's change of gender does not
affect any relationship of that person
arising by consanguinity or by operation
of law.
28I. Recognition of certificates issued outside
Tasmania
A person in respect of whom there is a
recognition certificate is taken to be, for
23
Justice and Related Legislation (Marriage Amendments) Act
2018
Act No. of 2018
s. 21 Part 4 - Births, Deaths and Marriages Registration Act 1999 Amended
the purposes of, but subject to, any law in
force in this State, a person of the sex or
gender stated in the recognition
certificate.
28J. Saving for rights of persons who have
changed or deleted their sex or gender
information
(1) A person who is entitled as a
beneficiary -
(a) under a will; or
(b) under a trust; or
(c) otherwise by operation of law -
does not, except as may be otherwise
provided under the will, the trust or by
the law conferring the entitlement, forfeit
any right or entitlement by reason only of
the fact that he or she is a person whose
change of sex or gender information to
record current gender is registered or
recognised under this Part.
(2) Subsection (1) does not operate so as to
confer any right or entitlement that
would not exist apart from that
subsection.
24
Justice and Related Legislation (Marriage Amendments) Act 2018
Act No. of 2018
Part 4 - Births, Deaths and Marriages Registration Act 1999 Amended s. 22
28K. Historical records to be kept
(1) Historical records of information
changed or removed under this Part are
to be maintained in a manner determined
by the Registrar.
(2) Subsection (1) notwithstanding, the
Registrar is to ensure that, as far as is
practicable, historical records referred to
in subsection (1) are recorded and
managed in a way that makes it clear that
they are not to be taken to be relevant to
an individual's identity.
22. Section 40 amended (The Register)
Section 40 of the Principal Act is amended by
inserting after subsection (1) the following
subsection:
(1A) If required under Part 4A, sex or gender
information may be included or changed
or deleted on the Register, and may be
included under section 50.
23. Section 46 amended (Issue of certificate)
Section 46 of the Principal Act is amended by
inserting after subsection (1) the following
subsections:
(1A) Information about sex or gender may
only be included on any certificate if
requested -
25
Justice and Related Legislation (Marriage Amendments) Act
2018
Act No. of 2018
s. 24 Part 4 - Births, Deaths and Marriages Registration Act 1999 Amended
(a) by a person 16 years or over, to
whom the certificate relates; or
(b) if the person is under 16 years, by
a person referred to in
section 28A(2) or (3) of this Act.
(1B) The gender included is to be -
(a) the gender as determined under
section 28A or 28C of this Act; or
(b) if requested, the sex or gender
previously listed on the Register
or collected under section 50.
24. Section 51 amended (Additional services)
Section 51 of the Principal Act is amended by
inserting after subsection (1) the following
subsection:
(1A) Despite anything contrary in the Act, the
Registrar may provide information about
the gender of a person as registered or
collected under section 50 -
(a) in respect of a living person, to a
person eligible to make an
application under section 44; or
(b) in respect of a deceased person
born at least 100 years earlier.
26
Justice and Related Legislation (Marriage Amendments) Act 2018
Act No. of 2018
Part 5 - Civil Liability Act 2002 Amended s. 25
PART 5 - CIVIL LIABILITY ACT 2002 AMENDED
25. Principal Act
In this Part, the Civil Liability Act 2002* is
referred to as the Principal Act.
26. Section 28D amended (Abolition of action for loss of
consortium)
Section 28D of the Principal Act is amended by
omitting "a husband and wife" and substituting
"spouses".
_______________________________________________________________
*No. 54 of 2002
27
Justice and Related Legislation (Marriage Amendments) Act
2018
Act No. of 2018
s. 27 Part 6 - Conveyancing and Law of Property Act 1884 Amended
PART 6 - CONVEYANCING AND LAW OF PROPERTY
ACT 1884 AMENDED
27. Principal Act
In this Part, the Conveyancing and Law of
Property Act 1884* is referred to as the Principal
Act.
28. Section 62 amended (Conveyance by person to
himself: Bodies corporate, joint tenancies)
Section 62(1) of the Principal Act is amended as
follows:
(a) by omitting "wife" first occurring and
substituting "spouse";
(b) by omitting "husband" second occurring
and substituting "spouse".
_______________________________________________________________
*No. 19 of 1884
28
Justice and Related Legislation (Marriage Amendments) Act 2018
Act No. of 2018
Part 7 - Criminal Code Act 1924 Amended s. 29
PART 7 - CRIMINAL CODE ACT 1924 AMENDED
29. Principal Act
In this Part, the Criminal Code Act 1924* is
referred to as the Principal Act.
30. Principal Act amended
Schedule 1 to the Principal Act is amended as
follows:
(a) by omitting from section 232 "a husband
and wife" and substituting "married
persons";
(b) by omitting from section 297(2) "A
husband and wife" and substituting
"Married persons".
_______________________________________________________________
*No. 69 of 1924
29
Justice and Related Legislation (Marriage Amendments) Act
2018
Act No. of 2018
s. 31 Part 8 - Status of Children Act 1974 Amended
PART 8 - STATUS OF CHILDREN ACT 1974
AMENDED
31. Principal Act
In this Part, the Status of Children Act 1974* is
referred to as the Principal Act.
32. Section 3 amended (All children to be of equal
status)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "his
father and mother" and substituting "the
person's parents (or either of the person's
parents)";
(b) by omitting from subsection (1) "father
and mother" second occurring and
substituting "person's parents";
(c) by omitting from subsection (4) "his
father or mother has" and substituting
"either of the person's parents has".
33. Section 5 amended (Presumption of parentage
arising from marriage)
Section 5 of the Principal Act is amended as
follows:
_______________________________________________________________
*No. 36 of 1974
30
Justice and Related Legislation (Marriage Amendments) Act 2018
Act No. of 2018
Part 8 - Status of Children Act 1974 Amended s. 34
(a) by omitting from subsection (1)
"husband" and substituting "spouse";
(b) by omitting from subsection (2)
"husband" twice occurring and
substituting "spouse";
(c) by omitting from subsection (3)
"husband" and substituting "spouse".
34. Section 10C amended (Presumptions as to
parenthood)
Section 10C of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "to," after
"married";
(b) by omitting from subsection (1) "with"
first occurring and substituting "with,";
(c) by omitting from subsection (1) "her
husband or the other party to that
relationship" and substituting "that man";
(d) by omitting from subsection (1)
"husband or other party" and substituting
"consenting man";
(e) by omitting from subsection (1A) "is"
first occurring and substituting "who is
married to, or";
(f) by omitting from subsection (1A) "with"
first occurring and substituting "with,";
31
Justice and Related Legislation (Marriage Amendments) Act
2018
Act No. of 2018
s. 34 Part 8 - Status of Children Act 1974 Amended
(g) by omitting from subsection (1A) "and";
(h) by omitting from subsection (5)
"subsection (1)" and substituting
"subsection (1) or (1A)";
(i) by omitting from subsection (5)
"husband" and substituting "spouse".
32
Justice and Related Legislation (Marriage Amendments) Act 2018
Act No. of 2018
Part 9 - Repeal of Act s. 35
PART 9 - REPEAL OF ACT
35. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
Government Printer, Tasmania 33