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