Commonwealth Consolidated Acts Commonwealth Consolidated ActsPart 1 -- Amendment of the Acts Interpretation Act 1901
1 After section 22
Insert:
22A References to de facto partners
For the purposes of a provision of an Act that is a provision in which de facto partner has the meaning given by this Act, a person is the de facto partner of another person (whether of the same sex or a different sex) if:
(a) the person is in a registered relationship with the other person under section 22B; or
(b) the person is in a de facto relationship with the other person under section 22C.
For the purposes of paragraph 22A(a), a person is in a registered relationship with another person if the relationship between the persons is registered under a prescribed law of a State or Territory as a prescribed kind of relationship.
(1) For the purposes of paragraph 22A(b), a person is in a de facto relationship with another person if the persons:
(a) are not legally married to each other; and
(b) are not related by family (see subsection ( 6)); and
(c) have a relationship as a couple living together on a genuine domestic basis.
(2) In determining for the purposes of paragraph ( 1)(c) whether 2 persons have a relationship as a couple, all the circumstances of their relationship are to be taken into account, including any or all of the following circumstances:
(a) the duration of the relationship;
(b) the nature and extent of their common residence;
(c) whether a sexual relationship exists;
(d) the degree of financial dependence or interdependence, and any arrangements for financial support, between them;
(e) the ownership, use and acquisition of their property;
(f) the degree of mutual commitment to a shared life;
(g) the care and support of children;
(h) the reputation and public aspects of the relationship.
(3) No particular finding in relation to any circumstance mentioned in subsection ( 2) is necessary in determining whether 2 persons have a relationship as a couple for the purposes of paragraph ( 1)(c).
(4) For the purposes of paragraph ( 1)(c), the persons are taken to be living together on a genuine domestic basis if the persons are not living together on a genuine domestic basis only because of:
(a) a temporary absence from each other; or
(b) illness or infirmity of either or both of them.
(5) For the purposes of subsection ( 1), a de facto relationship can exist even if one of the persons is legally married to someone else or is in a registered relationship (within the meaning of section 22B) with someone else or is in another de facto relationship.
(6) For the purposes of paragraph ( 1)(b), 2 persons are related by family if:
(a) one is the child (including an adopted child) of the other; or
(b) one is another descendant of the other (even if the relationship between them is traced through an adoptive parent); or
(c) they have a parent in common (who may be an adoptive parent of either or both of them).
For this purpose, disregard whether an adoption is declared void or has ceased to have effect.
(7) For the purposes of subsection ( 6), adopted means adopted under the law of any place (whether in or out of Australia) relating to the adoption of children.
Part 2 -- Amendment of other Acts
2 Section 5
Insert:
"marital or couple relationship" has the meaning given by subclause 9E(5) of Schedule 1.
3 Section 5 (definition of marital relationship )
Repeal the definition.
4 Section 5
Insert:
"partner" : a person is the partner of another person if the 2 persons have a relationship as a couple (whether the persons are the same sex or different sexes).
5 Subclauses 9E(2), (3) and (4) of Schedule 1
After "marital" (wherever occurring), insert "or couple".
6 Subclause 9E(5) of Schedule 1
After " marital ", insert " or couple ".
Note: The heading to subclause 9E(5) of Schedule 1 is replaced by the heading " Meaning of marital or couple relationship ".
7 Subclause 9E(5) of Schedule 1
After "husband or wife" (wherever occurring), insert "or partner".
8 Subclause 9E(6) of Schedule 1
After "marital", insert "or couple".
9 After paragraph 9E(7)(b) of Schedule 1
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;
10 At the end of paragraph 9E(7)(c) of Schedule 1
Add:
or (iii) a child of both of the persons within the meaning of the Family Law Act 1975 ;
11 After subparagraph 9F(1)(b)(i) of Schedule 1
Insert:
(ia) the person is a child of the Magistrate within the meaning of the Family Law Act 1975 ;
12 Application of amendments of the Federal Magistrates Act 1999
The amendments of the Federal Magistrates Act 1999 made by this Schedule apply in relation to any payment payable under clause 9D of Schedule 1 to that Act in respect of a person who dies on or after the commencement of this Schedule if, at the time of his or her death, the deceased person:
(a) held office as a Federal Magistrate; or
(b) was a retired disabled Federal Magistrate.
13 Subsection 4(1)
Insert:
"child of a marital or couple relationship" , in relation to a marital or couple relationship, means:
(a) a child born of the marital or couple relationship; or
(b) a child adopted by the people in the marital or couple relationship during the period of the relationship; or
(c) someone who is, within the meaning of the Family Law Act 1975 , a child of both of the people in the marital or couple relationship.
14 Subsection 4(1) (definition of child of a marital relationship )
Repeal the definition.
15 Subsection 4(1)
Insert:
"marital or couple relationship" has the meaning given by section 4AB.
16 Subsection 4(1)
Insert:
"partner" : 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).
17 Subsection 4(1)
Insert:
"spouse" has a meaning affected by section 4AC.
18 After paragraph 4AA(a)
Insert:
(aa) the child is a child of the deceased Judge within the meaning of the Family Law Act 1975 ; or
19 Subsection 4AB(1)
After " marital ", insert " or couple ".
Note: The heading to section 4AB is replaced by the heading " Marital or couple relationship ".
20 Subsections 4AB(1) and (2)
After "husband or wife" (wherever occurring), insert "or partner".
21 Subsection 4AB(3)
After "marital", insert "or couple".
22 After paragraph 4AB(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;
23 At the end of paragraph 4AB(4)(c)
Add:
or (iii) a child of both of the persons within the meaning of the Family Law Act 1975 ;
24 Subsections 4AC(2) and (3)
After "marital" (wherever occurring), insert "or couple".
25 Subsections 10(2), 11(3) and 12(3)
After "marital" (wherever occurring), insert "or couple".
26 Application of amendments of the Judges' Pensions Act 1968
(1) The amendments of the Judges' Pensions Act 1968 made by this Schedule apply in relation to any pension payable under that Act in respect of a person who dies on or after the commencement of this Schedule if, at the time of his or her death, the deceased person was a Judge or a retired Judge.
(2) The amendments of the Judges' Pensions Act 1968 made by this Schedule apply in relation to any pension payable under the Building and Construction Industry Improvement Act 2005 in respect of a person who dies on or after the commencement of this Schedule if, at the time of his or her death, the deceased person was or had been the ABC Commissioner.
27 Subsection 16(1)
Omit "other than subsection 6(3) (including the provisions relating to widows and children)", substitute "other than subsection 4(2) (including the provisions relating to spouses and children)".
28 Application of amendments of the Law Officers Act 1964
The amendments of the Law Officers Act 1964 made by this Schedule apply in relation to any pension payable under section 16 of that Act because of the application of the Judges' Pensions Act 1968 in respect of a person who:
(a) was appointed as Solicitor - General before 1 January 1998; and
(b) dies on or after the commencement of this Schedule.
29 Regulations may deal with transitional, saving or application matters
The Governor - General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to amendments and repeals made by this Schedule or any other Schedule to this Act.