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

Schedule 5 Prime Minister and Cabinet amendments

   

Governor-General Act 1974

1  Subsection 2A(2)

Insert:

couple relationship has the meaning given by section 2B.

2  Subsection 2A(2)

Insert:

spouse has a meaning affected by section 2C.

3  Subsection 2B(2)

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

Note:       The heading to section 2B is replaced by the heading “ Couple relationship ”.

4  Subsections 2B(2) and (3)

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

5  After paragraph 2B(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;

6  At the end of paragraph 2B(4)(c)

Add:

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

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

7  At the end of section 2B

Add:

             (6)  For the purposes of this section, 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).

             (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 section unless the child is the biological child of at least one of the persons or is born to a woman in the relationship.

8  Section 2C

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

9  Application of amendments of the Governor-General Act 1974

The amendments of the Governor-General Act 1974 made by this Schedule apply in relation to a person who is appointed as Governor-General on or after the commencement of this Schedule.