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Monday, 24 November 2008
Page: 19


Senator WONG (Minister for Climate Change and Water) (5:50 PM) —by leave—I move government amendments (83) and (84) on sheet QH401 together:

(83)  Schedule 10, page 107 (before line 5), before item 13, insert:

12A  Subsection 5(1)

Insert:

adoption has the same meaning as in the regulations.

(84)  Schedule 10, item 20, page 108 (lines 9 to 18), omit subsection 5CA(1), substitute:

         (1)    Without limiting who is a child of a person for the purposes of this Act, each of the following is the child of a person:

              (a)    someone who is a child of the person within the meaning of the Family Law Act 1975 (other than someone who is an adopted child of the person within the meaning of that Act);

              (b)    someone who is an adopted child of the person within the meaning of this Act.

These amendments amend the Migration Act definition of ‘child’ by removing the reference to ‘product of a relationship’ as a definition of a child and instead utilising by reference to a child the definition within the meaning of the Family Law Act. To preserve existing migration policy, the definition of a child will use the meaning of adoption in the Migration Regulations rather than the Family Law Act meaning of that term.