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House of Representatives

Same Sex Relationships (Equal Treatment in Commonwealth Laws - General Law Reform) Bill 2008

Supplementary Explanatory Memorandum

Circulated By the Authority of the Attorney-General, the Hon Robert Mcclelland Mp

GENERAL OUTLINE

1 The purpose of the Same-Sex Relationships (Equal Treatment in Commonwealth Laws - General Law Reform) Bill 2008 (the General Law Reform Bill) is to eliminate discrimination in a wide range of Commonwealth laws.

2 The Government amendments proposed to the General Law Reform Bill will:

·
replace the concept of child as a 'product of a relationship' with 'child of a person within the meaning of the Family Law Act 1975'
·
remove amendments relating to concepts of 'legal responsibility' and 'custody, care and control' as a consequence of amendments to the Family Law Amendment (De Facto Financial Matters and Other Measures) Bill 2008 (Family Law Amendment Bill)
·
remove the amendment inserting a definition of 'de facto partner' into the Acts Interpretation Act 1901 as a consequence of parliamentary amendments to the Same-Sex Relationships (Equal Treatment in Commonwealth Laws - Superannuation) Bill 2008 (the Superannuation Bill) which will insert this definition into the Acts Interpretation Act through that Bill
·
amend the definition of 'step-parent' in subsection 4(1) of the Family Law Act to include a person who is, or has been, a de facto partner of a parent of the child
·
replace the term 'spouse' in the Civil Aviation (Carrier's Liability) Act 1959 with the phrase 'spouse or de facto partner'
·
amend provisions in the Child Support (Assessment) Act 1989 that relate to the concept of 'parent' to maintain consistency between that Act and the Family Law Act (as amended by the Family Law Amendment Bill)
·
amend the definitions of 'de facto relationship' and 'member of a couple' in the Child Support (Assessment) Act to recognise both same and opposite-sex de facto relationships and registered relationships within the meaning of section 22B of the Acts Interpretation Act (as proposed to be amended by Government amendments to the Superannuation Bill), and
·
insert a tracing rule in the Child Support (Assessment) Act and the Child Support (Registration and Collection) Act 1988 .

3 Acts affected by the proposed amendments to the General Law Reform Bill are:

·
A New Tax System (Family Assistance) Act 1999
·
Aboriginal Land Grant (Jervis Bay Territory) Act 1986
·
Age Discrimination Act 2004
·
Aged Care Act 1997
·
Airports Act 1996
·
Australian Citizenship Act 2007
·
Australian Federal Police Act 1979
·
Australian Postal Corporation Act 1989
·
Bankruptcy Act 1966
·
Broadcasting Services Act 1992
·
Child Support (Assessment) Act 1989
·
Child Support (Registration and Collection) Act 1988
·
Civil Aviation (Carriers' Liability) Act 1959
·
Commonwealth Electoral Act 1918
·
Corporations Act 2001
·
Corporations (Aboriginal and Torres Strait Islander) Act 2006
·
Crimes Act 1914
·
Crimes (Superannuation Benefits) Act 1989
·
Customs Act 1901
·
Defence Force (Home Loans Assistance) Act 1990
·
Defence (Parliamentary Candidates) Act 1969
·
Defence Service Homes Act 1918
·
Education Services for Overseas Students Act 2000
·
Export Market Development Grants Act 1997
·
Financial Sector (Shareholdings) Act 1998
·
Foreign Acquisitions and Takeovers Act 1975
·
Health Insurance Act 1973
·
Higher Education Support Act 2003
·
Immigration (Guardianship of Children) Act 1946
·
Income Tax Assessment Act 1997
·
Insurance Acquisitions and Takeovers Act 1991
·
Life Insurance Act 1995
·
Medibank Private Sale Act 2006
·
Migration Act 1958
·
Military Rehabilitation and Compensation Act 2004
·
National Health Act 1953
·
Navigation Act 1912
·
Parliamentary Entitlements Act 1990
·
Passenger Movement Charge Collection Act 1978
·
Pooled Development Funds Act 1992
·
Privacy Act 1988
·
Proceeds of Crime Act 2002
·
Royal Australian Air Force Veterans' Residences Act 1953
·
Safety, Rehabilitation and Compensation Act 1988
·
Seafarers Rehabilitation and Compensation Act 1992
·
Service and Execution of Process Act 1992
·
Sex Discrimination Act 1984
·
Social Security Act 1991
·
Superannuation Act 1976
·
Student Assistance Act 1973
·
Telstra Corporation Act 1991
·
Trade Representatives Act 1933
·
Veterans' Entitlements Act 1986
·
Witness Protection Act 1994


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