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Same-Sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Bill 2008

Schedule 1 Finance and Deregulation amendments

   

Parliamentary Contributory Superannuation Act 1948

1  Subsection 4(1)

Insert:

couple relationship has the meaning given by section 4B.

2  Subsection 4(1) (definition of former spouse )

Omit “marital relationship”, substitute “couple relationship”.

3  Subsection 4(1)

Insert:

partner : a person is the partner of another person if the two persons have a relationship as a couple (whether the persons are the same sex or different sexes).

4  Subsection 4(1)

Insert:

spouse has a meaning affected by section 4C.

5  At the end of section 4

Add:

             (7)  A child cannot be the product of the relationship between two persons (whether the persons are the same sex or different sexes) for the purposes of this Act unless the child is the biological child of at least one of the persons or is born to a woman in the relationship.

6  Subsection 4B(1)

Omit “ marital relationship ”, substitute “ couple relationship ”.

Note:       The heading to section 4B is replaced by the heading “ Couple relationship ”.

7  Subsection 4B(1)

Omit “husband or wife”, substitute “partner”.

8  Subsection 4B(2)

Omit “husband or wife” (wherever occurring), substitute “partner”.

9  Subsection 4B(3)

Omit “marital relationship”, substitute “couple relationship”.

10  After paragraph 4B(4)(b)

Insert:

                   (ba)  the persons’ relationship was registered under a law of a State or Territory prescribed for the purposes of paragraph 4AB(4)(ba) of the Judges’ Pensions Act 1968 , as a kind of relationship prescribed for the purposes of that paragraph;

11  At the end of paragraph 4B(4)(c)

Add:

                     ; or (iii)  the product of the relationship between the persons;

Note:       Subsection 4(7) is relevant to working out if a child is the product of the relationship for the purposes of subparagraph (c)(iii).

12  Subsections 4C(2) and (3)

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

13  Paragraph 19AA(2)(d)

Repeal the paragraph, substitute:

                     (d)  was not or is not survived by a person with whom the deceased person had had a couple relationship and who is:

                              (i)  the natural or adoptive parent of that child; or

                             (ii)  the parent of that child because the child was the product of the relationship between the person and the deceased person;

14  At the end of subsection 19AA(2)

Add:

Note:          Subsection 4(7) is relevant to working out if a child is the product of the relationship for the purposes of subparagraph (2)(d)(ii).

15  Paragraph 19AA(2B)(a)

Repeal the paragraph, substitute:

                     (a)  the child:

                              (i)  was born while the deceased person was having a couple relationship with another person; or

                             (ii)  was adopted by the deceased person or the deceased person with that other person during the duration of that relationship; or

                            (iii)  was the product of that relationship; and

16  At the end of paragraph 19AA(2B)(a)

Add:

Note:       Subsection 4(7) is relevant to working out if a child is the product of the relationship for the purposes of subparagraph (a)(iii).

17  Subsection 19AA(5) (definition of child )

Repeal the definition, substitute:

child , in relation to a person, means a child of the person, including:

                     (a)  an adopted child or an ex-nuptial child of the person; and

                     (b)  if, at any time, the person had a partner (whether the persons are the same sex or different sexes)—a child who is the product of the person’s relationship with that partner.

Note:          Subsection 4(7) is relevant to working out if a child is the product of the relationship for the purposes of paragraph (b).

18  Application of amendments of the Parliamentary Contributory Superannuation Act 1948

The amendments of the Parliamentary Contributory Superannuation Act 1948 made by this Schedule apply in relation to a benefit payable under that Act in respect of a person who dies on or after the commencement of this Schedule if the deceased person:

                     (a)  was entitled to a parliamentary allowance at the time of his or her death; or

                     (b)  was entitled to a retiring allowance (whether or not the retiring allowance was immediately payable) at the time of his or her death.

Superannuation Act 1922

19  After subsection 48AB(4)

Insert:

          (4A)  If a pensioner or contributor died before the day on which Schedule 1 to the Same-Sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Act 2008 commenced:

                     (a)  the amendments of the Superannuation Act 1976 made by that Schedule do not apply in relation to any pension that, apart from this subsection, may be granted under this section in respect of the deceased pensioner or contributor; and

                     (b)  the Superannuation Act 1976 as in force immediately before the commencement of Schedule 1 continues to apply in relation to any pension granted or that may be granted under this section in respect of the deceased pensioner or contributor.

20  At the end of section 48ABA

Add:

             (9)  For the purposes of applying the definitions of eligible child and spouse in subsection (1) in relation to a deceased pensioner who died before the day on which Schedule 1 to the Same-Sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Act 2008 commenced:

                     (a)  the amendments of the Superannuation Act 1976 made by that Schedule do not apply; and

                     (b)  the Superannuation Act 1976 as in force immediately before the commencement of Schedule 1 continues to apply.

Superannuation Act 1976

21  Subsection 3(1) (definition of child )

Repeal the definition, substitute:

child , in relation to a person who has died, means:

                     (a)  a child of the person, including:

                              (i)  an adopted child, an ex-nuptial child, a foster child, a step-child or a ward, of the person; and

                             (ii)  if, at any time, the person had a partner (whether the persons are the same sex or different sexes)—a child who is the product of the person’s relationship with that partner; or

                     (b)  a child of a spouse of the person, including:

                              (i)  an adopted child, an ex-nuptial child, a foster child, a step-child or a ward, of the spouse; and

                             (ii)  if, at any time, the spouse had a partner (whether the persons are the same sex or different sexes)—a child who is the product of the spouse’s relationship with that partner.

Note:          Subsection (10) is relevant to working out if a child is the product of the relationship for the purposes of subparagraphs (a)(ii) and (b)(ii).

22  Subsection 3(1)

Insert:

couple relationship has the meaning given by section 8A.

23  Subsection 3(1) (definition of late short-term marital relationship )

Repeal the definition (including the note), substitute:

late short-term couple relationship , in relation to a deceased retirement pensioner, means a couple relationship between the pensioner and his or her spouse that began:

                     (a)  less than 3 years before the pensioner’s death; and

                     (b)  after the pensioner became a retirement pensioner and had reached the age of 60 years.

24  Subsection 3(1)

Insert:

partner : a person is the partner of another person if the two persons have a relationship as a couple (whether the persons are the same sex or different sexes).

25  Subsection 3(1)

Insert:

spouse has a meaning affected by section 8B.

26  At the end of section 3

Add:

           (10)  A child cannot be the product of the relationship between two persons (whether the persons are the same sex or different sexes) for the purposes of this Act unless the child is the biological child of at least one of the persons or is born to a woman in the relationship.

27  Subsection 8A(1)

Omit “ marital relationship ”, substitute “ couple relationship ”.

Note:       The heading to section 8A is replaced by the heading “ Couple relationship ”.

28  Subsection 8A(1)

Omit “husband or wife”, substitute “partner”.

29  Subsection 8A(2)

Omit “husband or wife” (wherever occurring), substitute “partner”.

30  Subsection 8A(3)

Omit “marital relationship”, substitute “couple relationship”.

31  After paragraph 8A(4)(b)

Insert:

                   (ba)  the persons’ relationship was registered under a law of a State or Territory prescribed for the purposes of paragraph 4AB(4)(ba) of the Judges’ Pensions Act 1968 , as a kind of relationship prescribed for the purposes of that paragraph;

32  At the end of paragraph 8A(4)(c)

Add:

                     ; or (iii)  the product of the relationship between the persons;

Note:       Subsection 3(10) is relevant to working out if a child is the product of the relationship for the purposes of subparagraph (c)(iii).

33  Subsections 8B(2) and (3)

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

34  Subsections 94(2A), 95(1B) and 96(2A)

Omit “marital relationship”, substitute “couple relationship”.

35  Subsection 96AB(2) (paragraph (a) of the definition of relevant period )

Omit “marital relationship”, substitute “couple relationship”.

36  Paragraph 96BA(1)(a)

Omit “marital relationship”, substitute “couple relationship”.

37  Subsection 96BA(2) (paragraph (a) of the definition of relevant period )

Omit “marital relationship”, substitute “couple relationship”.

38  Subsection 108A(1)

Omit “marital relationship”, substitute “couple relationship”.

Note:       The heading to section 108A is altered by omitting “ marital relationship ” and substituting “ couple relationship ”.

39  Subsection 108A(5) (subparagraph (a)(i) of the definition of relevant period )

Omit “marital relationship”, substitute “couple relationship”.

40  Paragraph 109AB(2)(c)

Omit “marital relationship”, substitute “couple relationship”.

41  Paragraphs 109AB(3B)(b), (3C)(a) and (b), (5)(c), (5A)(b), (5B)(a) and (b)

Omit “marital relationship”, substitute “couple relationship”.

42  Paragraphs 110(4)(c) and (d) and (5B)(a)

Omit “marital relationship”, substitute “couple relationship”.

43  Subparagraph 110(5B)(b)(i)

Omit “marital relationship”, substitute “couple relationship”.

44  After subparagraph 110(5B)(b)(i)

Insert:

                            (ia)  was not the product of the couple relationship between the spouse and pensioner referred to in paragraph (4)(d); or

45  Subparagraphs 110(5B)(b)(ii) and (iii)

Omit “marital relationship”, substitute “couple relationship”.

46  At the end of subsection 110(5B)

Add:

Note:          Subsection 3(10) is relevant to working out if a child is the product of the relationship for the purposes of subparagraph (5B)(b)(ia).

47  Paragraph 110(7)(c)

Omit “marital relationship”, substitute “couple relationship”.

48  Subparagraph 110(7A)(a)(ii)

Omit “marital relationship”, substitute “couple relationship”.

49  Subparagraph 110(7A)(b)(i)

Omit “marital relationship”, substitute “couple relationship”.

50  After subparagraph 110(7A)(b)(i)

Insert:

                            (ia)  was the product of the relationship between the person and the pensioner; or

51  Subparagraphs 110(7A)(b)(ii) and (iii)

Omit “marital relationship”, substitute “couple relationship”.

52  At the end of paragraph 110(7A)(b)

Add:

Note:       Subsection 3(10) is relevant to working out if a child is the product of the relationship for the purposes of subparagraph (b)(ia).

53  Paragraph 110(7B)(a)

Omit “marital relationship”, substitute “couple relationship”.

54  Paragraph 110(14)(d)

Omit “an adopted child, an ex-nuptial child, a foster child, a step-child or a ward”, substitute “a child of a kind referred to in subparagraph (b)(i) or (ii) of the definition of child in subsection 3(1)”.

55  Subparagraph 136(2B)(ma)(ii)

Omit “marital relationship”, substitute “couple relationship”.

56  Subparagraph 136(2B)(ma)(iv)

Omit “short-term marital relationship”, substitute “short-term couple relationship”.

57  Subparagraph 136(2B)(ma)(iv) (paragraph (a) of the definition of relevant period )

Omit “marital relationship”, substitute “couple relationship”.

58  Application of amendments of the Superannuation Act 1976

The amendments of the Superannuation Act 1976 made by this Schedule apply in relation to a benefit payable under that Act in respect of a person who dies on or after the commencement of this Schedule, if, at the time of his or her death, the deceased person was:

                     (a)  an eligible employee (within the meaning of that Act); or

                     (b)  a deferred benefit member (within the meaning of Division 4A of Part V of that Act); or

                     (c)  a retirement pensioner (within the meaning of that Act).