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) the