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The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Same-Sex: Same Entitlements Bill 2007
No. , 2007
(Senator Allison, Bartlett, Murray and Stott Despoja)
A Bill for an Act to implement the recommendations of the Human Rights and Equal Opportunity Commission report Same-Sex: Same Entitlements , and for related purposes
Contents
1............ Short title............................................................................................. 1
2............ Commencement................................................................................... 1
3............ Purposes............................................................................................. 2
4............ Definitions.......................................................................................... 2
5............ Schedule.............................................................................................. 3
Schedule 1—Amendments 4
Aboriginal Land Grant (Jervis Bay Territory) Act 1986 4
Aged Care Act 1997 4
Australian Meat and Live-stock Industry Act 1997 4
Bankruptcy Act 1966 5
Broadcasting Services Act 1992 5
Civil Aviation (Carriers’ Liability) Act 1959 6
Corporations Act 2001 6
Defence Act 1903 7
Defence Force (Homes Loans Assistance) Act 1990 7
Defence Force Retirement and Death Benefits Act 1973 8
Diplomatic Privileges and Immunities Act 1967 8
Education Services for Overseas Students Act 2000 9
Family Law Act 1975 9
Financial Sector (Shareholdings) Act 1998 10
Foreign Acquisitions and Takeovers Act 1975 10
Foreign Acquisitions and Takeovers Regulations 1989 11
Foreign States Immunities Act 1985 11
Governor-General Act 1974 11
Health Insurance Act 1973 12
Higher Education Funding Act 1988 12
Higher Education Support Act 2003 13
Income Tax Assessment Act 1997 13
Insurance Acquisitions and Takeovers Act 1991 14
International Organisations (Privileges and Immunities) Act 1963 14
Judges’ Pensions Act 1968 15
Judicial and Statutory Officers (Remuneration and Allowances) Act 1984 16
Life Insurance Act 1995 16
Members of Parliament (Life Gold Pass) Act 2002 16
Migration Regulations 1994 17
Military Rehabilitation and Compensation Act 2004 17
Military Superannuation and Benefits Trust Deed 18
National Health Act 1953 19
Parliamentary Contributory Superannuation Act 1948 19
Parliamentary Entitlements Act 1990 20
Passenger Movement Charge Collection Act 1978 20
Pooled Development Funds Act 1992 21
Proceeds of Crime Act 2002 21
Remuneration Tribunal Determination 2006/14: Members of Parliament—Travelling Allowance 21
Remuneration Tribunal Determination 2006/18: Members of Parliament—Entitlements 22
Retirement Savings Accounts Act 1997 22
Safety, Rehabilitation and Compensation Act 1988 23
Seafarers Rehabilitation and Compensation Act 1992 24
Social Security Act 1991 25
Superannuation Act 1976 26
Superannuation Act 1990 27
Superannuation Industry (Supervision) Act 1993 28
Veterans’ Entitlements Act 1986 28
Workplace Relations Act 1996 30
A Bill for an Act to implement the recommendations of the Human Rights and Equal Opportunity Commission report Same-Sex: Same Entitlements , and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Same-Sex: Same Entitlements Act 2007 .
This Act commences on the day on which it receives the Royal Assent.
(1) The primary purpose of this Act is to implement the recommendations of the Human Rights and Equal Opportunity Commission report Same-Sex: Same Entitlements by removing from all Australian laws extant statutory provisions which encourage or allow discrimination in areas including taxation, superannuation, employment and family law against people in de facto relationships on the grounds of their gender identity or sexual orientation, with the intention of complying with Australia's obligations under the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child .
(2) The Act specifically removes from the statutes a range of discriminatory measures which have no place in a modern, tolerant nation.
In this Act:
de facto partner means a person in a de facto relationship.
de facto relationship means a relationship between two people living together as a couple on a genuine domestic basis:
(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) whether the relationship has been registered or formalised in accordance with any law of a State or Territory;
(b) a de facto relationship may be between two people, irrespective of gender;
(c) to avoid doubt, two people may still be in a de facto relationship if they are living apart from each other on a temporary basis.
step-parent , in relation to a child, means a person who;
(a) is not a parent of the child; and
(b) is or has been married to a parent of the child, or is or has been in a de facto relationship with the parent of the child; and
(c) treats, or at any time during the marriage or de facto relationship treated, the child as a member of the family formed with the parent.
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.