Commonwealth: Same-Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008 (Cth)

Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008 No. 144, 2008 An Act to address discrimination against same‑sex couples and their children in Commonwealth laws, and for other purposes Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Agriculture, Fisheries and Forestry Australian Meat and Live‑stock Industry Act 1997 Farm Household Support Act 1992 Schedule 2—Attorney‑General Part 2—Amendment of other Acts Administrative Decisions (Judicial Review) Act 1977 Age Discrimination Act 2004 Australian Federal Police Act 1979 Bankruptcy Act 1966 Crimes Act 1914 Crimes (Superannuation Benefits) Act 1989 Customs Act 1901 Family Law Act 1975 High Court Justices (Long Leave Payments) Act 1979 Judges (Long Leave Payments) Act 1979 Passenger Movement Charge Collection Act 1978 Proceeds of Crime Act 2002 Service and Execution of Process Act 1992 Sex Discrimination Act 1984 Witness Protection Act 1994 Part 3—Regulations Schedule 3—Broadband, Communications and the Digital Economy Australian Postal Corporation Act 1989 Broadcasting Services Act 1992 Telstra Corporation Act 1991 Schedule 4—Defence Defence Force (Home Loans Assistance) Act 1990 Defence (Parliamentary Candidates) Act 1969 Royal Australian Air Force Veterans' Residences Act 1953 Schedule 5—Education, Employment and Workplace Relations Education Services for Overseas Students Act 2000 Higher Education Support Act 2003 Judicial and Statutory Officers (Remuneration and Allowances) Act 1984 Safety, Rehabilitation and Compensation Act 1988 Seafarers Rehabilitation and Compensation Act 1992 Student Assistance Act 1973 Schedule 6—Families, Housing, Community Services and Indigenous Affairs Part 1—Amendments commencing on the day after Royal Assent Aboriginal Land Grant (Jervis Bay Territory) Act 1986 Corporations (Aboriginal and Torres Strait Islander) Act 2006 Part 2—Amendments commencing on 1 July 2009 A New Tax System (Family Assistance) Act 1999 A New Tax System (Family Assistance) (Administration) Act 1999 Child Support (Assessment) Act 1989 Child Support (Registration and Collection) Act 1988 Social Security Act 1991 Schedule 7—Finance and Deregulation Part 1—General amendments Commonwealth Electoral Act 1918 Medibank Private Sale Act 2006 Members of Parliament (Life Gold Pass) Act 2002 Parliamentary Entitlements Act 1990 Part 2—Superannuation amendments Superannuation Act 1976 Schedule 8—Foreign Affairs and Trade Part 1—Amendment commencing on 1 July 2009 Australian Passports Act 2005 Part 2—Amendments commencing on the day after Royal Assent Export Market Development Grants Act 1997 Trade Representatives Act 1933 Schedule 9—Health and Ageing Part 1—Amendments commencing on the day after Royal Assent Prohibition of Human Cloning for Reproduction Act 2002 Research Involving Human Embryos Act 2002 Part 2—Amendments commencing on 1 January 2009 Health Insurance Act 1973 National Health Act 1953 Part 3—Amendments commencing on 1 July 2009 Aged Care Act 1997 Schedule 10—Immigration and Citizenship Part 1—Australian Citizenship Act 2007 Part 2—Migration Act 1958 Division 1—Main amendments Migration Act 1958 Division 2—Consequential amendment Australian Citizenship Act 2007 Part 3—Immigration (Education) Act 1971 Part 4—Immigration (Guardianship of Children) Act 1946 Schedule 11—Infrastructure, Transport, Regional Development and Local Government Part 1—Carriers' liability amendments (general) Civil Aviation (Carriers' Liability) Act 1959 Part 2—Carriers' liability amendments if Montreal Convention amendments commence earlier Civil Aviation (Carriers' Liability) Act 1959 Part 3—Carriers' liability amendments if Montreal Convention amendments commence later Civil Aviation (Carriers' Liability) Act 1959 Part 4—Other amendments Airports Act 1996 Navigation Act 1912 Schedule 12—Innovation, Industry, Science and Research Pooled Development Funds Act 1992 Schedule 13—Prime Minister and Cabinet Privacy Act 1988 Schedule 14—Treasury Part 1—Amendment of tax laws A New Tax System (Medicare Levy Surcharge—Fringe Benefits) Act 1999 Fringe Benefits Tax Assessment Act 1986 Income Tax Assessment Act 1936 Income Tax Assessment Act 1997 Part 2—Amendment of market regulation laws Financial Sector (Shareholdings) Act 1998 Foreign Acquisitions and Takeovers Act 1975 Insurance Acquisitions and Takeovers Act 1991 Life Insurance Act 1995 Part 3—Amendment of the Corporations Act 2001 Corporations Act 2001 Schedule 15—Veterans' Affairs Defence Service Homes Act 1918 Military Rehabilitation and Compensation Act 2004 Veterans' Entitlements Act 1986 Same-Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008 No. 144, 2008 An Act to address discrimination against same‑sex couples and their children in Commonwealth laws, and for other purposes [Assented to 9 December 2008] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day on which this Act receives the Royal Assent. 9 December 2008 2. Schedule 1 The day after this Act receives the Royal Assent. 10 December 2008 4. Schedule 2, items 2 and 3 1 July 2009. 1 July 2009 5. Schedule 2, items 4 to 23 The day after this Act receives the Royal Assent. 10 December 2008 6. Schedule 2, item 24 The later of: 1 March 2009 (a) the start of the day after this Act receives the Royal Assent; and (paragraph (b)) (b) immediately after the commencement of item 13 of Schedule 2 to the Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. 7. Schedule 2, item 25 The day after this Act receives the Royal Assent. 10 December 2008 8. Schedule 2, item 26 The later of: 1 March 2009 (a) the start of the day after this Act receives the Royal Assent; and (paragraph (b)) (b) immediately after the commencement of item 15 of Schedule 2 to the Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. 9. Schedule 2, item 27 The day after this Act receives the Royal Assent. 10 December 2008 10. Schedule 2, item 28 The later of: 1 March 2009 (a) the start of the day after this Act receives the Royal Assent; and (paragraph (b)) (b) immediately after the commencement of item 17 of Schedule 2 to the Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. 11. Schedule 2, items 29 to 86 The day after this Act receives the Royal Assent. 10 December 2008 12. Schedules 3, 4 and 5 The day after this Act receives the Royal Assent. 10 December 2008 13. Schedule 6, Part 1 The day after this Act receives the Royal Assent. 10 December 2008 14. Schedule 6, Part 2 1 July 2009. 1 July 2009 15. Schedule 7, items 1 to 7 On the day after the end of the period of 3 months beginning on the day on which this Act receives the Royal Assent. 9 March 2009 16. Schedule 7, items 8 to 55 The day after this Act receives the Royal Assent. 10 December 2008 22. Schedule 8, Part 1 1 July 2009. 1 July 2009 23. Schedule 8, Part 2 The day after this Act receives the Royal Assent. 10 December 2008 24. Schedule 9, Part 1 The day after this Act receives the Royal Assent. 10 December 2008 25. Schedule 9, Part 2 1 January 2009. 1 January 2009 26. Schedule 9, Part 3 1 July 2009. 1 July 2009 27. Schedule 10, Part 1 A single day to be fixed by Proclamation. 15 March 2009 However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. (see F2009L00259) 28. Schedule 10, Parts 2 and 3 1 July 2009. 1 July 2009 29. Schedule 10, Part 4 A single day to be fixed by Proclamation. 15 March 2009 However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. (see F2009L00259) 30. Schedule 11, Part 1 The later of: 24 January 2009 (a) the start of the day after this Act receives the Royal Assent; and (see F2008L04662) (b) immediately after the commencement of Schedule 2 to the Civil Aviation Legislation Amendment (1999 Montreal Convention and Other Amendments) Act 2008. (paragraph (b) applies) 31. Schedule 11, Part 2 The day after this Act receives the Royal Assent. Does not commence However, the provision(s) do not commence at all if Schedule 2 to the Civil Aviation Legislation Amendment (1999 Montreal Convention and Other Amendments) Act 2008 does not commence on or before the day after this Act receives the Royal Assent. 32. Schedule 11, Part 3 The day after this Act receives the Royal Assent. 10 December 2008 However, the provision(s) do not commence at all if Schedule 2 to the Civil Aviation Legislation Amendment (1999 Montreal Convention and Other Amendments) Act 2008 commences on or before the day after this Act receives the Royal Assent. 33. Schedule 11, Part 4 The day after this Act receives the Royal Assent. 10 December 2008 34. Schedule 12 The day after this Act receives the Royal Assent. 10 December 2008 35. Schedule 13 1 July 2009. 1 July 2009 36. Schedule 14 The day after this Act receives the Royal Assent. 10 December 2008 37. Schedule 15 1 July 2009. 1 July 2009 Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent. (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act. 3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Agriculture, Fisheries and Forestry Australian Meat and Live‑stock Industry Act 1997 1 Section 3 (paragraph (b) of the definition of associate) Repeal the paragraph, substitute: (b) the spouse, or de facto partner (within the meaning of the Acts Interpretation Act 1901), of the subject person; and Farm Household Support Act 1992 2 Subsection 3(1) Insert: armed services widow 3 Subsection 3(1) Insert: armed services widower Schedule 2—Attorney‑General Part 2—Amendment of other Acts Administrative Decisions (Judicial Review) Act 1977 2 Subparagraph (d)(iv) of Schedule 2 Repeal the subparagraph, substitute: (iv) decisions relating to a person who, having entered Australia as a diplomatic or consular representative of another country, a member of the staff of such a representative or the spouse, de facto partner or a dependent relative of such a representative, was in Australia at the time of the decision (for the purposes of this subparagraph, enter Australia, spouse, de facto partner and relative have the same meanings as in that Act); 3 Application The amendment of the Administrative Decisions (Judicial Review) Act 1977 made by this Part applies in relation to decisions to which section 13 of that Act applies that are made on or after the commencement of this item. Age Discrimination Act 2004 4 Subsection 29(4) Insert: child: without limiting who is a child of a person for the purposes of paragraph (a) of the definition of near relative in this subsection, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975. 5 Subsection 29(4) Insert: de facto partner has the meaning given by the Acts Interpretation Act 1901. 6 Subsection 29(4) (paragraph (b) of the definition of near relative) Omit "de facto spouse", substitute "de facto partner". 7 Subsection 29(4) Insert: parent: without limiting who is a parent of a person for the purposes of paragraph (a) of the definition of near relative in this subsection, someone is the parent of a person if the person is his or her child because of the definition of child in this section. 8 At the end of section 29 Add: Family relationships (5) For the purposes of paragraph (a) of the definition of near relative in subsection (4), if one person is the child of another person because of the definition of child in that subsection, relationships traced to or through the person are to be determined on the basis that the person is the child of the other person. Australian Federal Police Act 1979 9 At the end of section 42F Add: (3) For the purposes of paragraph (2)(e), family relationships are taken to include the following (without limitation): (a) relationships between de facto partners (within the meaning of the Acts Interpretation Act 1901); (b) relationships of child and parent that arise if someone is the child of a person because of the definition of child in this section; (c) relationships traced through relationships mentioned in paragraphs (a) and (b). (4) In this section: child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975. 10 Application The amendment of the Australian Federal Police Act 1979 made by this Part applies in relation to an application for an order under Part VA of that Act made on or after the commencement of this item. Bankruptcy Act 1966 11 Subsection 5(1) (definition of child) Repeal the definition, substitute: child: without limiting who is a child of a person for the purposes of this Act, each of the following is the child of a person: (a) an adopted child, stepchild or exnuptial child of the person; (b) someone who is a child of the person within the meaning of the Family Law Act 1975. 12 Subsection 5(1) (definition of close relative) Omit "de facto spouse", substitute "de facto partner". 13 Subsection 5(1) Insert: de facto partner has the meaning given by the Acts Interpretation Act 1901. 14 Subsection 5(1) (definition of de facto spouse) Repeal the definition. 15 Subsection 5(1) (definition of parent) Repeal the definition, substitute: parent: a person is the parent of anyone who is the person's child. 16 Subsection 5(1) (paragraph (g) of the definition of related entity) After "spouse", insert ", or de facto partner,". 17 Subsection 5(1) (definition of relative) Omit "de facto spouse", substitute "de facto partner". 18 Subsection 5(1) Insert: stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone is the stepchild of a person if he or she would be the person's stepchild except that the person is not legally married to the person's de facto partner. 19 At the end of section 5 Add: (6) For the purposes of this Act, the members of a person's family are taken to include the following (without limitation): (a) a de facto partner of the person; (b) someone who is the child of the person, or of whom the person is the child, because of the definition of child in this section; (c) anyone else who would be a member of the person's family if someone mentioned in paragraph (a) or (b) is taken to be a member of the person's family. 20 Paragraphs 60(4)(a) and (b) After "spouse", insert "or de facto partner". 21 At the end of subsection 60(4) Add: Note: See also subsection 5(6). 22 Subparagraphs 116(2)(d)(i) and (2)(g)(i) and (ii) After "spouse", insert "or de facto partner". 23 At the end of paragraph 116(2)(g) Add: Note: See also subsection 5(6). 24 Paragraph 116(2)(r) Omit "de facto spouse", substitute "de facto partner". 25 Paragraphs 120(5)(b) and (c) Omit "de facto spouse", substitute "de facto partner". 26 Paragraph 120(5)(f) Omit "de facto spouse", substitute "de facto partner". 27 Paragraphs 121(6)(b) and (c) Omit "de facto spouse", substitute "de facto partner". 28 Paragraph 121(6)(f) Omit "de facto spouse", substitute "de facto partner". 29 Paragraph 134(1)(ma) After "spouse", insert "or de facto partner". 30 At the end of paragraph 134(1)(ma) Add: Note: See also subsection 5(6). 31 Section 139K (definition of spouse) Omit "de facto spouse", substitute "de facto partner". 32 At the end of subsection 265(2) Add: Note: See also subsection 5(6). 33 At the end of subsection 268(6) Add: Note: See also subsection 5(6). Crimes Act 1914 34 Subsection 3(1) Insert: child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975. 35 Subsection 3(1) Insert: de facto partner has the meaning given by the Acts Interpretation Act 1901. 36 Subsection 3(1) Insert: parent: without limiting who is a parent of a person for the purposes of this Act, someone (the adult) is the parent of a person if: (a) the adult is legally entitled to, and has, custody of the person; or (b) the adult is legally responsible for the day‑to‑day care, welfare and development of the person and has the person in his or her care. 37 Subsection 3(1) Insert: relative has a meaning affected by subsection (3). 38 At the end of section 3 Add: (3) For the purposes of this Act, the relatives of a person are taken to include the following (without limitation): (a) a de facto partner of the person; (b) someone who is the child of the person, or of whom the person is the child, because of the definition of child in this section; (c) anyone else who would be a relative of the person if someone mentioned in paragraph (a) or (b) is taken to be a relative of the person. 39 At the end of section 16A Add: (4) For the purposes of a reference in this section to a family, the members of a person's family are taken to include the following (without limitation): (a) a de facto partner of the person; (b) someone who is the child of the person, or of whom the person is the child, because of the definition of child in section 3; (c) anyone else who would be a member of the person's family if someone mentioned in paragraph (a) or (b) is taken to be a member of the person's family. 40 Subsection 23WA(1) (definition of parent) Repeal the definition. Crimes (Superannuation Benefits) Act 1989 41 At the end of section 10 Add: (3) For the purposes of paragraph (2)(e), family relationships are taken to include the following (without limitation): (a) relationships between de facto partners (within the meaning of the Acts Interpretation Act 1901); (b) relationships of child and parent that arise if someone is the child of a person because of the definition of child in this section; (c) relationships traced through relationships mentioned in paragraphs (a) and (b). (4) In this section: child: without limiting who is a child of a person for the purposes of this section, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975. 42 Application The amendment of the Crimes (Superannuation Benefits) Act 1989 made by this Part applies in relation to an application for a superannuation order or a restraining order made on or after the commencement of this item. Customs Act 1901 43 Subsection 4(1) Insert: child: without limiting who is a child of a person for the purposes of this Act, each of the following is the child of a person: (a) an adopted child or exnuptial child of the person; (b) someone who is a child of the person within the meaning of the Family Law Act 1975. 44 Subsection 4(1) Insert: parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this subsection. 45 After section 4 Insert: 4AAA Members of family For the purposes of this Act, the members of a person's family are taken to include the following (without limitation): (a) a de facto partner of the person (within the meaning of the Acts Interpretation Act 1901); (b) someone who is the child of the person, or of whom the person is the child, because of the definition of child in section 4; (c) anyone else who would be a member of the person's family if someone mentioned in paragraph (a) or (b) is taken to be a member of the person's family. 46 Subparagraph 154(3)(a)(i) Repeal the subparagraph, substitute: (i) they are members of the same family; or 47 At the end of subsection 154(3) Add: Note: In relation to the reference to member of a family in subparagraph (3)(a)(i), see also section 4AAA. 48 At the end of sections 219ZJB and 219ZJC Add: Note: In relation to references in this section to family member, see also section 4AAA. 49 At the end of section 243AB Add: (3) For the purposes of paragraph (2)(e), family relationships are taken to include (without limitation) relationships between persons covered by section 4AAA. 50 Subparagraph 269TAA(4)(a)(i) Repeal the subparagraph, substitute: (i) they are members of the same family; or 51 At the end of subsection 269TAA(4) Add: Note: In relation to the reference to member of a family in subparagraph (4)(a)(i), see also section 4AAA. 52 Application Amendments of section 154 (1) The amendments of section 154 of the Customs Act 1901 made by this Part apply in relation to goods imported into Australia on or after the commencement of this item. Amendments affecting Part XIII (2) The amendments of Part I of the Customs Act 1901 made by this Part apply in relation to proceedings instituted under section 243B of that Act on or after the commencement of this item. (3) Subitem (2) does not limit the operation of the amendments of Part I of the Customs Act 1901 made by this Part in relation to other provisions of that Act. Family Law Act 1975 52A Subsection 4(1) (paragraphs (b) and (c) of the definition of step‑parent) Repeal the paragraphs, substitute: (b) is, or has been, married to or a de facto partner (within the meaning of section 60EA) of, a parent of the child; and (c) treats, or at any time while married to, or a de facto partner of, the parent treated, the child as a member of the family formed with the parent. 52B Paragraph 66M(3)(b) After "marriage to", insert ", or relationship with,". 52C Application to the Child Support (Registration and Collection) Act 1988 To the extent that the amendment of the Family Law Act 1975 made by this Schedule affects the definition of step‑parent in subsection 4(1) of the Child Support (Registration and Collection) Act 1988, it applies in relation to that definition on and after 1 July 2009. High Court Justices (Long Leave Payments) Act 1979 53 Paragraphs 5(2)(a) and (b) Omit "widow or widower" (wherever occurring), substitute "surviving spouse or de facto partner". 54 After subsection 5(2) Insert: (2A) If an amount is payable under paragraph (2)(a) and the Justice leaves more than one surviving spouse or de facto partner, the Attorney‑General may give a direction as to the distribution of the amount between or among them. 55 At the end of section 5 Add: (5) In this section: surviving spouse or de facto partner of a Justice who has died means a person who was the spouse or de facto partner (within the meaning of the Acts Interpretation Act 1901) of the Justice immediately before he or she died. 56 Application The amendments of the High Court Justices (Long Leave Payments) Act 1979 made by this Part apply in respect of a Justice who dies on or after the commencement of this item. Judges (Long Leave Payments) Act 1979 57 Paragraphs 5(2)(a) and (b) Omit "widow or widower" (wherever occurring), substitute "surviving spouse or de facto partner". 58 After subsection 5(2) Insert: (2A) If an amount is payable under paragraph (2)(a) and the Judge leaves more than one surviving spouse or de facto partner, the Attorney‑General may give a direction as to the distribution of the amount between or among them. 59 At the end of section 5 Add: (5) In this section: surviving spouse or de facto partner of a Judge who has died means a person who was the spouse or de facto partner (within the meaning of the Acts Interpretation Act 1901) of the Judge immediately before he or she died. 60 Application The amendments of the Judges (Long Leave Payments) Act 1979 made by this Part apply in respect of a Judge who dies on or after the commencement of this item. Passenger Movement Charge Collection Act 1978 61 Section 3 (definition of child) Repeal the definition, substitute: child: without limiting who is a child of a person for the purposes of this Act, each of the following who is under 18 years old is the child of a person: (a) an adopted child, stepchild or exnuptial child of the person; (b) someone who is a child of the person within the meaning of the Family Law Act 1975. 62 Section 3 Insert: de facto partner has the meaning given by the Acts Interpretation Act 1901. 63 Section 3 (definition of spouse) Repeal the definition, substitute: spouse of a person includes a de facto partner of the person. 64 Section 3 Insert: stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone is the stepchild of a person if he or she would be the person's stepchild except that the person is not legally married to the person's de facto partner. Proceeds of Crime Act 2002 65 Paragraphs 180(1)(c) and 181(1)(c) Omit "(including de facto spouse)", substitute "or *de facto partner". 66 At the end of section 337 Add: (6) For the purposes of this section, family relationships are taken to include the following (without limitation): (a) relationships between *de facto partners; (b) relationships of child and parent that arise if someone is the child of a person because of the definition of child in section 338; (c) relationships traced through relationships mentioned in paragraphs (a) and (b). 67 Section 338 Insert: child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975. 68 Section 338 Insert: de facto partner has the meaning given by the Acts Interpretation Act 1901. 69 Section 338 (paragraph (a) of the definition of dependant) Omit "de facto partner", substitute "*de facto partner". 70 Section 338 (paragraph (b) of the definition of dependant) Omit "child", substitute "*child". 71 Section 338 Insert: parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section. 72 Application The amendments of the Proceeds of Crime Act 2002 made by this Part apply in relation to a proceeding under that Act instituted on or after the commencement of this item. Service and Execution of Process Act 1992 73 Section 95 Insert: child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975. 74 Section 95 Insert: parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this subsection. 75 At the end of section 96 Add: (5) For the purposes of this section, the members of a person's family are taken to include the following (without limitation): (a) a de facto partner of the person (within the meaning of the Acts Interpretation Act 1901); (b) someone who is the child of the person, or of whom the person is the child, because of the definition of child in section 3; (c) anyone else who would be a member of the person's family if someone mentioned in paragraph (a) or (b) is taken to be a member of the person's family. Sex Discrimination Act 1984 76 Subsection 4A(2) (definition of child) Repeal the definition, substitute: child: without limiting who is a child of a person for the purposes of this section, each of the following is the child of a person: (a) an adopted child, stepchild or exnuptial child of the person; (b) someone who is a child of the person within the meaning of the Family Law Act 1975. 77 Subsection 4A(2) Insert: de facto partner has the meaning given by the Acts Interpretation Act 1901. 78 Subsection 4A(2) Insert: parent: without limiting who is a parent of a person for the purposes of this section, someone is the parent of a person if the person is his or her child because of paragraph (b) of the definition of child in this subsection. 79 Subsection 4A(2) (definition of spouse) Repeal the definition, substitute: spouse includes a former spouse, a de facto partner and a former de facto partner. 80 Subsection 4A(2) Insert: stepchild: without limiting who is a stepchild of a person for the purposes of this section, someone is the stepchild of the person if he or she would be the person's stepchild except that the person is not legally married to the partner. 81 At the end of section 4A Add: (3) For the purposes of this section, if one person is the child of another person because of paragraph (b) of the definition of child in subsection (2), relationships traced to or through the person are to be determined on the basis that the person is the child of the other person. 82 After subsection 9(10) Insert: (10A) Subsection 14(3A) has effect in relation to discrimination involving dismissal of employees on the ground of family responsibilities, to the extent that the subsection gives effect to any of the following instruments: (a) the International Covenant on Civil and Political Rights done at New York on 16 December 1966 [1980] ATS 23 (a copy of the English text of which is set out in Schedule 2 to the Human Rights and Equal Opportunity Commission Act 1986); (b) the International Covenant on Economic, Social and Cultural Rights done at New York on 16 December 1966 [1976] ATS 5; (c) ILO Convention (No. 111) concerning Discrimination in respect of Employment and Occupation done at Geneva on 25 June 1958 [1974] ATS 12 (a copy of the English text of which is set out in Schedule 1 to the Human Rights and Equal Opportunity Commission Act 1986); (d) the Convention on the Rights of the Child done at New York on 20 November 1989 [1991] ATS 4. Note: In 2008, the text of international agreements in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au). 83 At the end of subsection 10(1) Add "or (10A)". 84 After section 11 Insert: 11A Operation of State and Territory laws that further objects of other instruments (1) A reference in this section to this Act is a reference to this Act as it has effect because of subsection 9(10A). (2) A reference in this section to a law of a State or Territory is a reference to a law of a State or Territory that deals with discrimination involving dismissal of employees on the ground of family responsibilities. (3) This Act is not intended to exclude or limit the operation of a law of a State or Territory that furthers the objects of a relevant instrument and is capable of operating concurrently with this Act. (4) If: (a) a law of a State or Territory that furthers the objects of a relevant instrument deals with a matter dealt with by this Act; and (b) a person has made a complaint, instituted a proceeding or taken any other action under that law in respect of an act or omission in respect of which the person would, but for this subsection, have been entitled to make a complaint under the Human Rights and Equal Opportunity Commission Act 1986 alleging that the act or omission is unlawful under subsection 14(3A) of this Act; the person is not entitled to make a complaint or institute a proceeding under the Human Rights and Equal Opportunity Commission Act 1986 alleging that the act or omission is unlawful under that subsection. (5) If: (a) a law of a State or Territory that furthers the objects of a relevant instrument deals with a matter dealt with by this Act; and (b) an act or omission by a person that constitutes an offence against that law also constitutes an offence against this Act; the person may be prosecuted and convicted either under that law of the State or Territory or under this Act, but nothing in this subsection renders a person liable to be punished more than once in respect of the same act or omission. (6) In this section: relevant instrument means an instrument referred to in subsection 9(10A). Witness Protection Act 1994 85 Section 3 Insert: parent: without limiting who is a parent of anyone for the purposes of this Act, a person is the parent of another person if the other person is a child of the person within the meaning of the Family Law Act 1975. Part 3—Regulations 86 Regulations may deal with transitional, saving or application matters The Governor‑General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to amendments and repeals made by this Schedule or any other Schedule to this Act. Schedule 3—Broadband, Communications and the Digital Economy Australian Postal Corporation Act 1989 1 At the end of subsection 90K(2) Add: Note: See also subsection (6). 2 At the end of section 90K Add: Next of kin (6) In determining for the purposes of subsection (2) whether a person is next of kin of another person, the following persons are also to be taken into account: (a) a de facto partner of the person within the meaning of the Acts Interpretation Act 1901; (b) someone who is the child of the person, or of whom the person is the child, because of subsection (7); (c) anyone else who would be a relative of the person because someone mentioned in paragraph (a) or (b) is taken into account. (7) For the purposes of paragraph (6)(b), someone is the child of a person because of this subsection if he or she is a child of the person within the meaning of the Family Law Act 1975. Broadcasting Services Act 1992 3 Subsection 6(1) (paragraph (a) of the definition of associate) Omit "(including a de facto spouse)". 4 Subsection 6(1) (note at the end of the definition of associate) Omit "Note", substitute "Note 1". 5 Subsection 6(1) (at the end of the definition of associate) Add: Note 2: See also subsection (3). 6 Subsection 6(1) Insert: child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975. 7 Subsection 6(1) Insert: parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section. 8 Subsection 6(1) Insert: spouse of a person includes a de facto partner of the person within the meaning of the Acts Interpretation Act 1901. 9 At the end of section 6 Add: (3) For the purposes of paragraph (a) of the definition of associate in subsection (1), if one person is the child of another person because of the definition of child in this section, relationships traced to or through the person are to be determined on the basis that the person is the child of the other person. 10 Transitional provision For the purposes of the Broadcasting Services Act 1992, if: (a) apart from this item, a person would be in a position to exercise control of a licence, a newspaper or a company on the day on which the amendments of that Act made by this Schedule commence; and (b) the person would be in that position only because of the amendments; the person is, during the period of 6 months starting on the day on which the amendments commence, taken not to be in that position for so long as the person would otherwise have been in that position. Telstra Corporation Act 1991 11 Clause 2 of the Schedule Before "In Part 2A", insert "(1)". 12 Clause 2 of the Schedule Insert: child: without limiting who is a child of a person for the purposes of Part 2A and this Schedule, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975. 13 Clause 2 of the Schedule Insert: parent: without limiting who is a parent of a person for the purposes of Part 2A and this Schedule, someone is the parent of a person if the person is his or her child because of the definition of child in this clause. 14 Clause 2 of the Schedule (paragraph (b) of the definition of relative) Repeal the paragraph, substitute: (b) a de facto partner of the person within the meaning of the Acts Interpretation Act 1901; or 15 Clause 2 of the Schedule (paragraph (d) of the definition of relative) Omit "son, daughter", substitute "child". 16 Clause 2 of the Schedule (at the end of the definition of relative) Add: Note: See also subclause (2). 17 At the end of clause 2 of the Schedule Add: (2) For the purposes of paragraphs (c), (d) and (e) of the definition of relative in subclause (1), if one person is the child of another person because of the definition of child in that subclause, relationships traced to or through the person are to be determined on the basis that the person is the child of the other person. 18 Transitional provision (1) For the purposes of sections 8BI and 8BJ of the Telstra Corporation Act 1991, if: (a) apart from this subitem, an unacceptable foreign‑ownership situation would exist on the day on which the amendments of that Act made by this Schedule commence; and (b) the situation would exist only because of the amendments; the situation is, during the period of 6 months starting on the day on which the amendments commence, taken not to exist for so long as it would otherwise have existed. (2) If: (a) on the day on which the amendments of the Telstra Corporation Act 1991 made by this Schedule commence, a person would, apart from this subitem, be required by regulations made for the purposes of section 8BN of that Act to do something in relation to an ownership matter; and (b) the person would not have been required to do that thing if the amendments had not been made; the person is, during the period of 6 months starting on the day on which the amendments commence, taken not to be required to do that thing for so long as the person would otherwise have been required to do that thing. Schedule 4—Defence Defence Force (Home Loans Assistance) Act 1990 2 Section 3 (definition of child) Repeal the definition, substitute: child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if: (a) he or she is: (i) a legally adopted child or a stepchild of the person; or (ii) a child of the person within the meaning of the Family Law Act 1975; and (b) he or she is: (i) under 16; or (ii) a student. 3 Section 3 Insert: de facto partner has the meaning given by the Acts Interpretation Act 1901. 4 Section 3 Insert: parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this subsection. 5 Section 3 (definition of spouse) Repeal the definition. 6 Section 3 Insert: surviving spouse or de facto partner, in relation to a deceased person, means a person who was the spouse or de facto partner of the deceased person immediately before the deceased person's death. Note: See also section 8. 7 Section 3 (definition of widow) Repeal the definition (including the note). 8 Section 3 (definition of widower) Repeal the definition (including the note). 10 Paragraphs 5(1)(b) and (c) After "spouse", insert ", de facto partner". 11 Paragraphs 6(a), (b) and (c) After "spouse", insert "or de facto partner". 12 Section 8 Repeal the section, substitute: 8 Multiple surviving spouses or de facto partners (1) If a deceased person has more than one surviving spouse or de facto partner, the surviving spouse or de facto partner who was living with the person immediately before his or her death is taken, for the purposes of Division 1 of Part 2 and paragraph 29(h), to be the person's sole surviving spouse or de facto partner. (2) For the purposes of subsection (1), the person is taken to have been living with a spouse or de facto partner immediately before the death of the person if they were not living together at that time only because of: (a) a temporary absence from each other; or (b) illness or infirmity of either or both of them. 13 Subsection 10(3) Omit "widow or widower", substitute "surviving spouse or de facto partner". 14 Subparagraph 12(1)(b)(ii) Omit "widow or widower", substitute "surviving spouse or de facto partner". 15 Subsection 12(3) Omit "widow or widower", substitute "surviving spouse or de facto partner". 16 Application provision The amendments of sections 10 and 12 of the Defence Force (Home Loans Assistance) Act 1990 made by this Schedule apply in relation to an application for an entitlement certificate made on or after the commencement of this Schedule. 17 Subsection 14(4) Omit "widow or widower", substitute "surviving spouse or de facto partner". 18 Paragraph 15(1)(b) After "spouse", insert "or de facto partner". 19 Paragraphs 17(1)(a) and (b) After "spouse", insert "or de facto partner". 20 Paragraph 17(1)(b) After "spouse's", insert "or de facto partner's". 21 Paragraph 18(1)(b) After "spouse", insert "or de facto partner". 22 Application provision The amendments of sections 14, 15, 17 and 18 of the Defence Force (Home Loans Assistance) Act 1990 made by this Schedule apply in relation to an application made under section 14 of that Act on or after the commencement of this Schedule. 23 Paragraph 20(2)(d) After "spouse", insert "or de facto partner". 24 Application provision If: (a) a person is an entitled person immediately before the commencement of the amendment of paragraph 20(2)(d) of the Defence Force (Home Loans Assistance) Act 1990 made by this Schedule; and (b) apart from this item, subsidy would not become payable to the person on a loan on or after that commencement; and (c) subsidy would not become payable to the person on the loan only because of the amendment; the amendment does not apply in respect of the person and the loan. 25 Subparagraph 20(2)(e)(i) After "spouse" (wherever occurring), insert "or de facto partner". 26 Subsections 24(1), (2) and (3) Omit "widow or widower" (wherever occurring), substitute "surviving spouse or de facto partner". 27 Subsection 24(4) Insert: surviving spouse or de facto partner does not include a surviving spouse or de facto partner who is an eligible person. 28 Subsection 24(4) (definition of widow or widower) Repeal the definition. 29 Subsection 26(1) After "spouse", insert "or de facto partner". Note: The heading to section 26 is altered by adding at the end "or de facto partners". 30 Subsection 26(2) After "spouses", insert "or de facto partners". 31 Subparagraph 26(2)(a)(i) After "spouse", insert "or de facto partner". 32 Subparagraph 26(2)(a)(ii) Omit "widow or widower", substitute "surviving spouse or de facto partner". 33 Paragraph 26(2)(b) Omit "widow or widower", substitute "surviving spouse or de facto partner". 34 Paragraph 29(c) After "spouse", insert "or de facto partner". 35 Application provision To avoid doubt, the amendment of paragraph 29(c) of the Defence Force (Home Loans Assistance) Act 1990 made by this Schedule does not apply in relation to a subsidised loan on a property where the ownership of the property was converted from a joint tenancy into a tenancy in common with effect before the commencement of the amendment. 36 Paragraph 29(d) Omit "person's spouse or former spouse, or to the person and his or her former spouse", substitute "person's spouse or de facto partner, or former spouse or former de facto partner, or to the person and his or her former spouse or former de facto partner". 37 Paragraph 29(g) Omit "is not survived by a widow or widower", substitute "does not have a surviving spouse or de facto partner". 38 Paragraph 29(h) Omit "widow or widower", substitute "surviving spouse or de facto partner". 39 Paragraph 30(1)(a) Omit "is survived by a widow or widower", substitute "has a surviving spouse or de facto partner". 40 Paragraph 30(1)(b) Omit "surviving widow or widower", substitute "surviving spouse or de facto partner". 41 Paragraph 30(2)(a) Omit "is survived by a widow or widower", substitute "has a surviving spouse or de facto partner". 42 Paragraph 30(3)(b) Omit "surviving widow or widower", substitute "surviving spouse or de facto partner". 43 Paragraph 30(4)(b) Omit "surviving widow or widower who was legally married to the borrower", substitute "surviving spouse or de facto partner". 44 Paragraph 30(4)(d) Omit "surviving widow or widower", substitute "surviving spouse or de facto partner". 45 Subsection 30(6) Omit "widow or widower", substitute "surviving spouse or de facto partner". 46 Paragraph 36A(1)(d) Omit "widow or widower", substitute "surviving spouse or de facto partner". Defence (Parliamentary Candidates) Act 1969 47 Subsection 16(3) Repeal the subsection, substitute: (3) For the purposes of this section, the members of a family, in relation to any person, are taken to include the following (without limitation): (a) a de facto partner of the person (within the meaning of the Acts Interpretation Act 1901); (b) someone who is the child of the person, or of whom the person is the child, because of the definition of child in subsection (4); (c) anyone else who would be a member of the person's family if someone mentioned in paragraph (a) or (b) is taken to be a member of the person's family. (4) In this section: child: without limiting who is a child of a person for the purposes of subsection (3), someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975. dependent means wholly or substantially dependent. Royal Australian Air Force Veterans' Residences Act 1953 48 Section 2 Insert: de facto partner of a person has the meaning given by the Acts Interpretation Act 1901. 49 Section 2 (at the end of paragraphs (a), (b) and (c) of the definition of eligible person) Add "or". 50 Section 2 (paragraphs (d), (e) and (f) of the definition of eligible person) Repeal the paragraphs, substitute: (d) a surviving spouse or de facto partner of a person referred to in paragraph (a), (b) or (c); or (e) a parent of a former member referred to in paragraph (a), (b) or (c), if: (i) the former member is deceased and does not have a surviving spouse or de facto partner; and (ii) the parent is the surviving spouse or de facto partner of another person who has died; and (iii) the parent was, at the time of the former member's appointment to, or enlistment in, the Force or Service referred to in paragraph (a), (b) or (c), dependent on the former member; or (f) a parent of a former member referred to in paragraph (a), (b) or (c), if: (i) the former member is deceased and does not have a surviving spouse or de facto partner; or (ii) the parent has a spouse or de facto partner who is so incapacitated as to be unable to contribute materially to the support of the parent. 51 Section 2 Insert: parent: without limiting who is a parent of anyone for the purposes of this Act, a person is the parent of another person if the other person is a child of the person within the meaning of the Family Law Act 1975. 52 Section 2 Insert: surviving spouse or de facto partner, in relation to a deceased person, means a person who was the spouse or de facto partner of the deceased person immediately before the deceased's death. 53 Application provision The amendments of the Royal Australian Air Force Veterans' Residences Act 1953 made by this Schedule apply in relation to a person referred to in paragraph (a), (b) or (c) of the definition of eligible person in section 2 of that Act who dies on or after the commencement of this Schedule. Schedule 5—Education, Employment and Workplace Relations Education Services for Overseas Students Act 2000 1 Subsection 6(1) (paragraphs (a), (b) and (c) of the definition of associate) Omit "de facto spouse", substitute "de facto partner". 2 Subsection 6(7) Insert: child: without limiting who is a child of a person for the purposes of this section, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975. Note: The heading to subsection 6(7) is replaced by the heading "Other definitions". 3 Subsection 6(7) Insert: de facto partner of a person has the meaning given by the Acts Interpretation Act 1901. 4 Subsection 6(7) Insert: parent: without limiting who is a parent of a person for the purposes of this section, someone is the parent of a person if the person is his or her child because of the definition of child in this section. 5 At the end of section 6 Add: Certain family relationships (8) For the purposes of paragraph (d) of the definition of associate in subsection (1), if one person is the child of another person because of the definition of child in this section, relationships traced to or through the person are to be determined on the basis that the person is the child of the other person. Higher Education Support Act 2003 6 Clause 1 of Schedule 1 Before "In this Act", insert "(1)". 7 Clause 1 of Schedule 1 (paragraph (e) of the definition of Overseas student) After "spouse", insert ", de facto partner (within the meaning of the Acts Interpretation Act 1901)". 8 Clause 1 of Schedule 1 (at the end of the definition of Overseas student) Add: Note: In relation to paragraph (e) of the definition of Overseas student, see also subclause (2). 9 At the end of Schedule 1 Add: (2) For the purposes of paragraph (e) of the definition of Overseas student in subclause (1), a representative's relatives include (without limitation): (a) an exnuptial or adoptive child of the representative, or someone of whom the representative is an exnuptial or adoptive child; and (b) someone who is a child of the representative, or of whom the representative is a child, because of subclause (3); and (c) relatives traced through relationships referred to in paragraphs (a) and (b). (3) For the purposes of paragraph (2)(b), one person is the child of another person because of this subclause if he or she is a child of the other person within the meaning of the Family Law Act 1975. Judicial and Statutory Officers (Remuneration and Allowances) Act 1984 10 After subsections 4(4A) and 6(4A) Insert: (4B) For the purposes of subsection (4A), spouse includes a de facto partner of a person within the meaning of the Acts Interpretation Act 1901. Safety, Rehabilitation and Compensation Act 1988 11 Subsection 4(1) Insert: child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975. 12 Subsection 4(1) Insert: de facto partner of a person has the meaning given by the Acts Interpretation Act 1901. 13 Subsection 4(1) (paragraph (a) of the definition of dependant) Omit "father, mother, step‑father, step‑mother, father‑in‑law, mother‑in‑law, grandfather, grandmother, son, daughter, step‑son, step‑daughter, grandson, grand‑daughter, brother, sister, half‑brother or half‑sister", substitute "parent, step‑parent, father‑in‑law, mother‑in‑law, grandparent, child, stepchild, grandchild, sibling or half‑sibling". 14 Subsection 4(1) (at the end of the definition of dependant) Add: Note: See also subsection 4(2). 15 Subsection 4(1) Insert: parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section. 16 Subsection 4(1) (paragraph (a) of the definition of spouse) Repeal the paragraph, substitute: (a) in relation to an employee or a deceased employee—a person who is, or immediately before the employee's death was, a de facto partner of the employee; and 17 Subsection 4(1) Insert: stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person's stepchild except that the person is not legally married to the partner. 18 Subsection 4(1) Insert: step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person's step‑parent except that he or she is not legally married to the person's parent. 19 Subsection 4(2