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

Schedule 2 Attorney-General’s amendments

   

Federal Magistrates Act 1999

1  Section 5

Before “In”, insert “(1)”.

2  Section 5

Insert:

couple relationship has the meaning given by subclause 9E(5) of Schedule 1.

3  Section 5 (definition of marital relationship )

Repeal the definition.

4  Section 5

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).

5  At the end of section 5

Add:

             (2)  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  Subclauses 9E(2), (3) and (4) of Schedule 1

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

7  Subclause 9E(5) of Schedule 1

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

Note:       The heading to subclause 9E(5) of Schedule 1 is replaced by the heading “ Meaning of couple relationship ”.

8  Subclause 9E(5) of Schedule 1

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

9  Subclause 9E(6) of Schedule 1

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

10  After paragraph 9E(7)(b) of Schedule 1

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 9E(7)(c) of Schedule 1

Add:

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

Note:       Subsection 5(2) is relevant to working out if a child is the product of the relationship for the purposes of subparagraph (iii).

12  After subclause 9F(1) of Schedule 1

Insert:

          (1A)  If, at any time, a Federal Magistrate, or a retired Federal Magistrate, had a partner (whether the Magistrate and the partner are the same sex or different sexes), then, for the purposes of subparagraph (1)(b)(i), a child of the Magistrate includes a child who is the product of the relationship between the Magistrate and that partner.

Note:          Subsection 5(2) is relevant to working out if a child is the product of the relationship for the purposes of subsection (1A).

13  Application of amendments of the Federal Magistrates Act 1999

The amendments of the Federal Magistrates Act 1999 made by this Schedule apply in relation to any payment payable under clause 9D of Schedule 1 to 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:

                     (a)  held office as a Federal Magistrate; or

                     (b)  was a retired disabled Federal Magistrate.

Judges’ Pensions Act 1968

14  Subsection 4(1)

Insert:

child of a couple relationship , in relation to a couple relationship, means:

                     (a)  a child born of the couple relationship; or

                     (b)  a child adopted by the people in the couple relationship during the period of the relationship; or

                     (c)  a child who is the product of the couple relationship.

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

15  Subsection 4(1) (definition of child of a marital relationship )

Repeal the definition.

16  Subsection 4(1)

Insert:

couple relationship has the meaning given by section 4AB.

17  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).

18  Subsection 4(1)

Insert:

spouse has a meaning affected by section 4AC.

19  At the end of section 4

Add:

             (4)  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.

20  Section 4AA

Before “For”, insert “(1)”.

21  At the end of section 4AA

Add:

             (2)  If, at any time, a deceased Judge had a partner (whether the deceased Judge and the partner are the same sex or different sexes), then, for the purposes of paragraph (1)(a), a child of the deceased Judge includes a child who is the product of the relationship between the deceased Judge and that partner.

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

22  Subsection 4AB(1)

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

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

23  Subsections 4AB(1) and (2)

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

24  Subsection 4AB(3)

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

25  After paragraph 4AB(4)(b)

Insert:

                   (ba)  the persons’ relationship was registered under a prescribed law of a State or Territory as a prescribed kind of relationship;

26  At the end of paragraph 4AB(4)(c)

Add:

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

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

27  Subsections 4AC(2) and (3)

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

28  Subsections 10(2), 11(3) and 12(3)

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

29  Paragraph 17A(aa)

Omit “4AA(b)”, substitute “4AA(1)(b)”.

30  Application of amendments of the Judges’ Pensions Act 1968

(1)       The amendments of the Judges’ Pensions Act 1968 made by this Schedule apply in relation to any pension payable under that Act in respect of a person who dies on or after the commencement of this Schedule if, at the time or his or her death, the deceased person was a Judge or a retired Judge.

(2)       The amendments of the Judges’ Pensions Act 1968 made by this Schedule apply in relation to any pension payable under the Building and Construction Industry Improvement Act 2005 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 or had been the ABC Commissioner.

Law Officers Act 1964

31  Subsection 16(1)

Omit “other than subsection 6(3) (including the provisions relating to widows and children)”, substitute “other than subsection 4(2) (including the provisions relating to spouses and children)”.

32  Application of amendments of the Law Officers Act 1964

The amendments of the Law Officers Act 1964 made by this Schedule apply in relation to any pension payable under section 16 of that Act because of the application of the Judges’ Pensions Act 1968 in respect of a person who:

                     (a)  was appointed as Solicitor-General before 1 January 1998; and

                     (b)  dies on or after the commencement of this Schedule.