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Monday, 24 November 2008
Page: 19


Senator WONG (Minister for Climate Change and Water) (5:30 PM) —by leave—I move government amendments (2) to (6), (8) to (11), (13), (14), (16) to (23), (25), (26), (28) to (36), (38), (40), (42) to (48), (50), (52) to (55), (58) to (61), (64), (65), (68) to (70), (72) to (75), (78), (79), (81), (82) (85) to (87), and (90) to (110) on sheet QH401:

(2)    Clause 2, page 3 (table item 17), omit the table item.

(3)    Clause 2, pages 3 and 4 (table item 18), omit the table item.

(4)    Clause 2, page 4 (table item 19), omit the table item.

(5)    Clause 2, page 4 (table item 20), omit the table item.

(6)    Clause 2, page 4 (table item 21), omit the table item.

(8)    Schedule 2, item 4, page 10 (lines 23 to 30), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of paragraph (a) of the definition of near relative in this subsection, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(9)    Schedule 2, item 9, page 12 (lines 2 to 8), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(10)  Schedule 2, item 11, page 12 (lines 19 to 25), omit all the words from and including “is the product” to and including “relationship.”, substitute “is a child of the person within the meaning of the Family Law Act 1975.”.

(11)  Schedule 2, item 34, page 15 (lines 7 to 13), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(13)  Schedule 2, item 41, page 17 (lines 19 to 25), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of this section, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(14)  Schedule 2, item 43, page 18 (lines 5 to 11), omit all the words from and including “is the product” to and including “relationship.”, substitute “is a child of the person within the meaning of the Family Law Act 1975.”.

(16)  Schedule 2, item 61, page 21 (lines 24 to 30), omit all the words from and including “is the product” to and including “relationship.”, substitute “is a child of the person within the meaning of the Family Law Act 1975.”.

(17)  Schedule 2, item 67, page 22 (line 27) to page 23 (line 2), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(18)  Schedule 2, item 73, page 23 (lines 24 to 30), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(19)  Schedule 2, item 76, page 24 (lines 25 to 31), omit all the words from and including “is the product” to and including “relationship.”, substitute “is a child of the person within the meaning of the Family Law Act 1975.”.

(20)  Schedule 2, item 85, page 27 (line 31) to page 28 (line 2), omit the definition of parent, substitute:

parent: without limiting who is a parent of anyone for the purposes of this Act, a person is the parent of another person if the other person is a child of the person within the meaning of the Family Law Act 1975.

(21)  Schedule 3, item 2, page 30 (lines 23 to 28), omit all the words from and including “is the product” to and including “relationship.”, substitute “is a child of the person within the meaning of the Family Law Act 1975.”.

(22)  Schedule 3, item 6, page 31 (lines 9 to 15), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(23)  Schedule 3, item 12, page 32 (lines 17 to 24), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of Part 2A and this Schedule, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(25)  Schedule 4, item 2, page 35 (lines 13 to 15), omit subparagraph (a)(ii) of the definition of child, substitute:

                   (ii)    a child of the person within the meaning of the Family Law Act 1975; and

(26)  Schedule 4, item 2, page 35 (line 19), omit the note.

(28)  Schedule 4, item 47, page 41 (lines 14 to 20), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of subsection (3), someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(29)  Schedule 4, item 51, page 42 (lines 22 to 29), omit the definition of parent, substitute:

parent: without limiting who is a parent of anyone for the purposes of this Act, a person is the parent of another person if the other person is a child of the person within the meaning of the Family Law Act 1975.

(30)  Schedule 5, item 2, page 44 (lines 11 to 17), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of this section, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(31)  Schedule 5, item 9, page 45 (line 31) to page 46 (line 4), omit subclause (3) of Schedule 1, substitute:

         (3)    For the purposes of paragraph (2)(b), one person is the child of another person because of this subclause if he or she is a child of the other person within the meaning of the Family Law Act 1975.

(32)  Schedule 5, item 11, page 46 (lines 15 to 21), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(33)  Schedule 5, item 27, page 49 (lines 17 to 23), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(34)  Schedule 5, item 40, page 52 (lines 10 to 16), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of this section, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(35)  Schedule 6, item 1, page 53 (lines 9 to 15), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(36)  Schedule 6, item 7, page 54 (lines 24 to 30), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(38)  Schedule 6, item 18, page 57 (lines 8 to 13), omit subsection 23(6), substitute:

         (6)    If a child (other than an adopted child) is a relationship child of a person because he or she is a child of the person, and of another person, within the meaning of the Family Law Act 1975, the person and the other person are taken to be the child’s only parents for the purposes of paragraph (c) of the definition of qualifying period in subsection (5).

(40)  Schedule 6, item 35, page 59 (lines 24 to 30), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(42)  Schedule 6, item 68, page 64 (line 30) to page 65 (line 2), omit subsection 993(3), substitute:

         (3)    If a young person (other than an adopted child) is a relationship child of a person because he or she is a child of the person, and of another person, within the meaning of the Family Law Act 1975, the person and the other person are taken to be the young person’s only parents for the purposes of this section.

(43)  Schedule 6, item 70, page 65 (lines 7 to 11), omit subsection 994(2), substitute:

         (2)    If a young person (other than an adopted child) is a relationship child of a person because he or she is a child of the person, and of another person, within the meaning of the Family Law Act 1975, the person and the other person are taken to be the young person’s only parents for the purposes of this section.

(44)  Schedule 6, item 71, page 65 (lines 14 to 18), omit subsection 995(3), substitute:

         (3)    If a young person (other than an adopted child) is a relationship child of a person because he or she is a child of the person, and of another person, within the meaning of the Family Law Act 1975, the person and the other person are taken to be the young person’s only parents for the purposes of this section.

(45)  Schedule 6, item 73, page 65 (lines 25 to 30), omit subsection 1061PL(8), substitute:

         (8)    If a person (other than a person who is an adopted child) is a relationship child of another person because he or she is a child of the other person, and of a third person, within the meaning of the Family Law Act 1975, the other person and the third person are taken to be the person’s only parents for the purposes of subsections (3), (4), (5), (6) and (7).

(46)  Schedule 6, item 85, page 67 (lines 3 to 8), omit subsection 1067A(13), substitute:

       (13)    If a person (other than a person who is an adopted child) is a relationship child of another person because he or she is a child of the other person, and of a third person, within the meaning of the Family Law Act 1975, the other person and the third person are taken to be the person’s only parents for the purposes of subsections (5), (6), (7), (8), (9) and (11).

(47)  Schedule 6, item 88, page 67 (lines 16 to 20), omit subsection 1067B(2), substitute:

         (2)    If a person (other than a person who is an adopted child) is a relationship child of another person because he or she is a child of the other person, and of a third person, within the meaning of the Family Law Act 1975, the other person and the third person are taken to be the person’s only parents for the purposes of paragraph (1)(b).

(48)  Schedule 6, item 101, page 69 (lines 10 to 14), omit subsection 1067D(4), substitute:

         (4)    If a person (other than a person who is an adopted child) is a relationship child of another person because he or she is a child of the other person, and of a third person, within the meaning of the Family Law Act 1975, the other person and the third person are taken to be the person’s only parents for the purposes of paragraph (1)(b).

(50)  Schedule 6, item 110, page 70 (lines 14 to 18), omit subsection 1067J(2), substitute:

         (2)    If a person (other than a person who is an adopted child) is a relationship child of another person because he or she is a child of the other person, and of a third person, within the meaning of the Family Law Act 1975, the other person and the third person are taken to be the person’s only parents for the purposes of subsection (1).

(52)  Schedule 6, item 125, page 72 (lines 5 to 11), omit all the words from and including “is the product” to and including “relationship.”, substitute “is a child of the person within the meaning of the Family Law Act 1975.”.

(53)  Schedule 6, item 127, page 72 (lines 23 to 29), omit all the words from and including “is the product” to and including “relationship.”, substitute “is a child of the beneficiary within the meaning of the Family Law Act 1975.”.

(54)  Schedule 7, item 1, page 73 (lines 7 to 12), omit all the words from and including “who is the product” to and including “relationship.”, substitute “of the person within the meaning of the Family Law Act 1975.”.

(55)  Schedule 7, item 9, page 74 (lines 22 to 28), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of this Part, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(58)  Schedule 7, heading to Part 2, page 85 (line 2), omit the heading, substitute:

Part 2—Superannuation amendments

(59)  Schedule 7, page 85 (after line 6), after item 53, insert:

53A  At the end of section 51

Add:

         (7)    The reference in paragraph (6)(a) to the birth of a child of the person includes a reference to the birth of a child who is a child of the person within the meaning of the Family Law Act 1975.

(60)  Schedule 7, page 85 (after line 9), after item 54, insert:

54A  At the end of section 51A

Add:

         (8)    The reference in subparagraph (1)(b)(i) to the birth of a child of a person includes a reference to the birth of a child who is a child of the person within the meaning of the Family Law Act 1975.

(61)  Schedule 7, item 55, page 85 (line 13), omit “(whether Part 2, 3 or 4)”.

(64)  Schedule 8, item 7, page 90 (lines 23 to 30), omit the definition of child, substitute:

child: without limiting who is a child of an individual for the purposes of this Act, someone is the child of an individual if he or she is a child of the individual within the meaning of the Family Law Act 1975.

(65)  Schedule 8, item 14, page 92 (lines 12 to 18), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(68)  Schedule 9, item 8, page 95 (lines 20 to 22), omit paragraph (b) of the definition of child, substitute:

              (b)    someone who is a child of the person within the meaning of the Family Law Act 1975.

(69)  Schedule 9, item 8, page 95 (lines 23 to 25), omit the note.

(70)  Schedule 9, item 14, page 96 (lines 16 to 21), omit the definition of parent (including the note), substitute:

parent: without limiting who is a parent of a child for the purposes of this Part, a person is the parent of a child if the child is a child of the person within the meaning of the Family Law Act 1975.

(72)  Schedule 9, item 19, page 97 (lines 23 to 25), omit paragraph (c) of the definition of parent, substitute:

              (c)    the child is a child of the person within the meaning of the Family Law Act 1975.

(73)  Schedule 9, item 19, page 97 (lines 26 to 28), omit the note.

(74)  Schedule 9, item 21, page 98 (lines 8 to 10), omit paragraph 84(3B)(c), substitute:

              (c)    someone who is a child of the person within the meaning of the Family Law Act 1975.

(75)  Schedule 9, item 21, page 98 (lines 11 and 12), omit the note.

(78)  Schedule 9, item 30, page 101 (lines 12 to 14), omit paragraph (c) of the definition of child, substitute:

              (c)    someone who is a child of the person within the meaning of the Family Law Act 1975;

(79)  Schedule 9, item 30, page 101 (lines 18 to 21), omit all the words from and including “For the purposes” to and including “relationship.”.

(81)  Schedule 10, item 1, page 104 (lines 9 to 15), omit all the words from and including “is the product” to and including “relationship.”, substitute “is a child of the person within the meaning of the Family Law Act 1975.”.

(82)  Schedule 10, item 7, page 105 (lines 7 to 18), omit section 8, substitute:

   8  Children born as a result of artificial conception procedures or surrogacy arrangements

         (1)    This section applies if a child is:

              (a)    a child of a person under section 60H or 60HB of the Family Law Act 1975; and

              (b)    either:

                    (i)    a child of the person’s spouse or de facto partner under that section; or

                   (ii)    a biological child of the person’s spouse or de facto partner.

         (2)    The child is taken for the purposes of this Act:

              (a)    to be the child of the person and the spouse or de facto partner; and

              (b)    not to be the child of anyone else.

(85)  Schedule 10, item 79, page 120 (lines 6 to 13), omit the definition of parent, substitute:

parent: without limiting who is a parent of anyone for the purposes of this Act, a person is the parent of another person if the other person is a child of the person within the meaning of the Family Law Act 1975.

(86)  Schedule 11, item 3, page 122 (lines 7 to 13), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(87)  Schedule 11, item 8, page 124 (lines 7 to 13), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(90)  Schedule 11, item 16, page 126 (lines 8 to 15), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of Part 3 and this Schedule, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(91)  Schedule 11, item 23, page 129 (lines 4 to 10), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(92)  Schedule 12, item 4, page 133 (lines 16 to 22), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of this section, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(93)  Schedule 13, item 1, page 135 (lines 20 to 26), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of subsection (10), someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(94)  Schedule 13, item 3, page 136 (lines 3 to 9), omit all the words from and including “is the product” to and including “relationship.”, substitute “is a child of the individual within the meaning of the Family Law Act 1975.”.

(95)  Schedule 14, item 91, page 152 (lines 9 to 15), omit all the words from and including “is the product” to and including “relationship.”, substitute “is a child of the individual within the meaning of the Family Law Act 1975.”.

(96)  Schedule 14, item 98, page 154 (lines 8 to 14), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(97)  Schedule 14, item 110, page 157 (lines 6 to 12), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(98)  Schedule 14, item 113, page 158 (lines 16 to 22), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(99)  Schedule 14, item 125, page 160 (lines 15 to 21), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(100)       Schedule 14, item 130, page 162 (lines 6 to 12), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(101)       Schedule 15, item 6, page 165 (lines 23 to 30), omit the definition of parent, substitute:

parent: without limiting who is a parent of anyone for the purposes of this Act, a person is the parent of another person if the other person is a child of the person within the meaning of the Family Law Act 1975.

(102)       Schedule 15, item 34, page 168 (lines 21 to 27), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(103)       Schedule 15, item 68, page 175 (lines 3 to 8), omit subsection 5Q(5), substitute:

         (5)    For the purposes of this Act, if under a provision of this Act one person is the child of another person because the person is a child of the other person within the meaning of the Family Law Act 1975, relationships traced to or through the person are to be determined on the basis that the person is the child of the other person.

(104)       Schedule 15, item 68, page 175 (lines 9 to 13), omit the note, substitute:

Note:   Paragraph 10(1)(b) and paragraph (b) of the definition of child in section 52ZO are examples of provisions under which one person may be the child of another person because the person is a child of the other person within the meaning of the Family Law Act 1975.

(105)       Schedule 15, item 70, page 175 (lines 26 to 28), omit paragraph 10(1)(b), substitute:

              (b)    a child who is a child of the veteran within the meaning of the Family Law Act 1975; or

(106)       Schedule 15, item 70, page 175 (lines 32 to 35), omit subsection 10(2).

(107)       Schedule 15, item 73, page 176 (lines 8 to 15), omit subsection 10A(1), substitute:

         (1)    Without limiting who is a parent of anyone for the purposes of this Act, a person is the parent of another person (other than an adopted child) if the other person is a child of the person within the meaning of the Family Law Act 1975.

(108)       Schedule 15, item 90, page 178 (lines 6 to 12), omit all the words from and including “is the product” to and including “relationship.”, substitute “is a child of the person within the meaning of the Family Law Act 1975.”.

(109)       Schedule 15, item 92, page 178 (lines 24 to 30), omit all the words from and including “is the product” to and including “relationship.”, substitute “is a child of the person within the meaning of the Family Law Act 1975.”.

(110)       Schedule 15, item 93, page 179 (lines 1 to 3), omit paragraph (ba) of the definition of child, substitute:

            (ba)    someone who was a child of the deceased within the meaning of the Family Law Act 1975; or