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Judges' Pensions Amendment Bill 2007

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5325-revised 2

2004-2005-2006-2007

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

Judges’ Pensions Amendment Bill 2007

 

(1)     Schedule 1, page 3 (after line 6), item 1, before the definition of salary , insert:

child of a de facto relationship means:

                     (a)  a child born of a de facto relationship; or

                     (b)  a child adopted by the persons engaged in that relationship during the period of the relationship.

de facto relationship means a relationship between two people living together as a couple on a genuine domestic basis, where the two people are not legally married:

                     (a)  in determining whether two people are in a de facto relationship, the circumstances of the relationship must be considered as a whole. Without limiting the generality of this paragraph, those circumstances may include:

                              (i)  the length of their relationship;

                             (ii)  how long and under what circumstances they have lived together;

                            (iii)  whether there is a sexual relationship between them;

                            (iv)  their degree of financial dependence or interdependence, and any arrangements for financial support, between or by them;

                             (v)  the ownership, use and acquisition of their property, including any property that they own individually;

                            (vi)  their degree of mutual commitment to a shared life;

                           (vii)  whether they mutually care for and support children;

                          (viii)  the performance of household duties;

                            (ix)  the reputation, and public aspects, of the relationship between them;

                             (x)  the existence of a statutory declaration signed by both persons stating that they regard themselves to be in a de facto relationship with the other person;

                     (b)  a de facto relationship may be between two people of the same gender.

Note:          A person in a marital relationship is taken to be legally married—see subsection 8A(2) of the Superannuation Act 1976 .

[definitions]

(2)     Schedule 1, page 3 (after line 15), after item 1, insert:

1A  Subsection 4AB(1)

After “basis at that time”, insert “and includes a de facto relationship”.

[extension of benefit to same sex de facto partner]

(3)     Schedule 1, page 3 (after line 15), after item 1, insert:

1B  Section 4AB

Omit “marital relationship (wherever occurring), substitute “beneficiary relationship”.

[extension of benefit to same sex de facto partner]

(4)     Schedule 1, page 3 (after line 15), after item 1, insert:

1C  Section 4AC

Omit “marital relationship” (wherever occurring), substitute “beneficiary relationship”.

[extension of benefit to same sex de facto partner]

(5)     Schedule 1, page 6 (after line 26), after item 10, insert:

10A  Subsection 10(2)

Omit “marital relationship” (wherever occurring), substitute “beneficiary relationship”.

[extension of benefit to same sex de facto partner]

(6)     Schedule 1, page 7 (after line 5), after item 11, insert:

12A  Subsection 11(3)

Omit “marital relationship” (wherever occurring), substitute “beneficiary relationship”.

[extension of benefit to same sex de facto partner]

(7)     Schedule 1, page 7 (after line 19), after item 12, insert:

12A  Subsection 12(3)

Omit “marital relationship” (wherever occurring), substitute “beneficiary relationship”.

[extension of benefit to same sex de facto partner]