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SAME-SEX RELATIONSHIPS (EQUAL TREATMENT IN COMMONWEALTH LAWS--SUPERANNUATION) ACT 2008 - 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.



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