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Wednesday, 12 November 2008
Page: 6794


Senator WONG (Minister for Climate Change and Water) (6:26 PM) —I move government amendment (7) on sheet QH400:

Schedule 5, page 31 (line 2) to page 32 (line 16), omit the Schedule, substitute:

   Schedule 5—Prime Minister and Cabinet amendments

   Governor-General Act 1974

1  Subsection 2A(2)

Insert:

marital or 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)

After “marital”, insert “or couple”.

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

4  Subsections 2B(2) and (3)

After “husband or wife” (wherever occurring), insert “or 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 section 22B of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section;

6  At the end of paragraph 2B(4)(c)

Add:

              or (iii)    a child of both of the persons within the meaning of the Family Law Act 1975;

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).

8  Section 2C

After “marital” (wherever occurring), insert “or couple”.

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.

Government amendment (7) on sheet QH400 omits the previous schedule 5 to the bill and replaces it with a new schedule 5. I will go through the various specific amendments in that context. Items 1, 3 and 8 of schedule 5 will refer to a ‘marital or couple relationship’ rather than ‘couple relationship’. Item 4 will adopt the term ‘husband or wife or partner’. Item 5 will refer to regulations made under the Acts Interpretation Act rather than the Judges’ Pensions Act and items 6 and 7 will refer to a child within the meaning of the Family Law Act rather than a ‘product of a relationship’ definition of a child. I commend this amendment to the Senate.