| Legal Instrument |
Definitions |
A New Tax System (Family Assistance) Act 1999 (Cth) |
‘FTB child’ (s 22 – no need to amend
if the child of a lesbian co-mother or gay co-father may also be recognised
through reformed parenting presumptions or adoption laws)
‘member of a couple’ (s 3 – no need to
amend if ‘member of a couple’ in the Social Security Act 1991 (Cth) (Social Security Act) is amended)
‘partner’ (s 3 – no need to amend if
‘member of a couple’ in the Social Security Act is
amended) |
Aboriginal Councils and Associations Act 1976 (Cth) |
‘de facto partner’ (insert new
definition)
‘de facto relationship’ (insert new
definition)
‘spouse’ (s 3 – amend to include
‘de facto partner’) |
Aboriginal Land Grant (Jervis Bay Territory) Act
1986 (Cth) |
‘de facto partner’ (insert new
definition)
‘de facto relationship’ (insert new
definition)
‘relative’ (s 37(1) – no need to amend
if ‘spouse’ is amended and ‘parent’ and
‘child’ can include a lesbian co-mother or gay co-father and her or
his children through reformed parenting presumptions or adoption laws)
‘spouse’ (s 37(1) – amend to include
‘de facto partner’) |
Aged Care Act 1997 (Cth) |
‘close relation’ (s 44.11(1) – no need
to amend if a lesbian co-mother and gay co-father and her or his children may be
recognised through reformed parenting presumptions or adoption
laws)
‘de facto relationship’ (insert new
definition)
‘dependent child’ (s 44.11(2) –amend
to clarify the role of a parenting order; otherwise no need to amend if the
child of a lesbian co-mother or gay co-father may also be recognised through
reformed parenting presumptions or adoption laws)
‘member of a couple’ (amend s 44.11(1) to
replace ‘marriage-like relationship’ with ‘de facto
relationship’)
‘partner’ (s 44.11(1) – no need to
amend if ‘member of a couple’ is amended)
‘young person’ (s 44.11(3) – no need
to amend) |
Australian Meat and Live-Stock Industry Act 1997 (Cth) |
‘associate’ (s 3 – amend to replace
the term ‘de facto spouse’ with ‘de facto
partner’)
‘de facto partner’ (insert new
definition)
‘de facto relationship’ (insert new
definition) |
Bankruptcy Act 1966 (Cth) |
‘child’ (s 5 – no need to amend if the
child of a lesbian co-mother or gay co-father may be recognised through reformed
parenting presumptions, adoption laws or a new definition of
‘step-child’)
‘de facto partner’ (insert new
definition)
‘de facto relationship’ (insert new
definition)
‘de facto spouse’ (s 5 – amend to
include a ‘de facto partner’)
‘related entity’ (s 5 – no need to
amend if ‘de facto spouse’ is amended and a lesbian co-mother or gay
co-father and her or his children may be recognised in the definition of
‘relative’ through reformed parenting presumptions, adoption laws or
a new definition of ‘step-child’)
‘relative’ (s 5 – no need to amend if
‘de facto spouse’ is amended and a lesbian co-mother or gay
co-father and her or his children may be recognised through reformed parenting
presumptions, adoption laws or a new definition of
‘step-child’)
‘spouse’ (insert new definition including a
‘de facto spouse’)
‘spouse’ (s 139K – no need to amend if
‘de facto spouse’ is amended)
‘step-child’ (insert new
definition) |
Broadcasting Services Act 1992 (Cth) |
‘associate’ (s 6(1) – no need to amend
if new definition of ‘de facto spouse’ and ‘parent’ and
‘child’ can include a lesbian co-mother or gay co-father and her or
his children through reformed parenting presumptions and adoption laws)
‘de facto partner’ (insert new
definition)
‘de facto relationship’ (insert new
definition)
‘de facto spouse’ (insert new definition
including a ‘de facto partner’) |
Child Support (Assessment) Act 1989 (Cth) |
‘eligible carer’ (s 7B – no need to
amend if ‘parent’ recognises a gay co-father or lesbian co-mother
through reformed parenting presumptions or adoption laws)
‘parent’ (s 5 – no need to amend if
section 60H of the Family Law Act 1975 (Cth) is amended and a gay
co-father or lesbian co-mother may be recognised through reformed adoption
laws) |
Civil Aviation (Carriers’ Liability) Act 1959 (Cth) |
‘child’ (no need to insert definition if the
child of a lesbian co-mother or gay co-father may be recognised through reformed
parenting presumptions or adoption laws)
‘de facto partner’ (insert new
definition)
‘de facto relationship’ (insert new
definition)
‘de facto spouse’ (insert new definition
including a ‘de facto partner’)
‘parent’ (no need to insert definition if a
lesbian co-mother or gay co-father may be recognised through reformed parenting
presumptions or adoption laws)
‘spouse’ (insert new definition including a
‘de facto partner’)
‘step-child’ (insert new
definition)
‘step-parent’ (insert new
definition) |
Corporations Act 2001 (Cth) |
‘child’ (no need to insert definition if the
child of a lesbian co-mother or gay co-father may be recognised through reformed
parenting presumptions or adoption laws)
‘close associate’ (s 9 – no need to
amend if ‘de facto spouse’ is amended’)
‘de facto partner’ (insert new
definition)
‘de facto relationship’ (insert new
definition)
‘de facto spouse’ (s 9 – amend to
include a ‘de facto partner’)
‘immediate family member’ (s 9 – no
need to amend if ‘spouse’ is inserted and ‘de facto
spouse’ is amended)
‘parent’ (no need to insert definition if a
lesbian co-mother or gay co-father may be recognised through reformed parenting
presumptions or adoption laws)
‘related entity’ (s 9 – no need to
amend if ‘de facto spouse’ is amended and if a lesbian co-mother or
gay co-father and her or his children may be recognised through reformed
parenting presumptions and adoption laws )
‘relative’ (s 9 – no need to amend if
new definition of ‘spouse’; if the child of a lesbian co-mother or
gay co-father may be recognised as a ‘son’ or daughter’; and
if the co-mother or co-father may be recognised as a ‘parent’
through parenting presumptions or adoption laws)
‘spouse’ (insert new definition including a
‘de facto partner’) |
Defence Act 1903 (Cth) |
‘child’ (no need to insert definition if the
child of a lesbian co-mother or gay co-father may be recognised through reformed
parenting presumptions or adoption laws)
‘de facto partner’ (insert new
definition)
‘de facto relationship’ (insert new
definition)
‘dependant’ (insert definition to include a
‘de facto partner’ and ‘child’.)
‘member of a family’ (s 58A - no need to
amend if new definition of ‘dependant’) |
Defence Force (Home Loans Assistance) Act 1990 (Cth) |
‘child’ (s 3 – no need to amend if the
child of a lesbian co-mother or gay co-father may be recognised through reformed
parenting presumptions, adoption laws or a new definition of
‘step-child’)
‘de facto partner’ (insert new
definition)
‘de facto relationship’ (insert new
definition)
‘family member’ (s 6 – no need to
amend if ‘spouse’ is amended and a lesbian co-mother or gay
co-father and her or his children may be recognised through reformed parenting
presumptions, adoption laws or a new definition of ‘step-child’)
‘spouse’ (s 3 – amend to include a
‘de facto partner’)
‘step-child’ (insert new
definition)
‘widow’ (s 3 – amend to remove gender
specific language, otherwise no need to amend if ‘spouse’ is
amended)
‘widower’ (s 3 – amend to remove
gender specific language, otherwise no need to amend if ‘spouse’ is
amended) |
Defence Force Retirement and Death Benefits Act
1973 (Cth) |
‘child’ (s 3(1) – no need to amend if
the child of a lesbian co-mother or gay co-father may be recognised through
reformed parenting presumptions, adoption laws or a new definition of
‘step-child’)
‘de facto relationship’ (insert new
definition)
‘eligible child’ (s 3(1) – no need to
amend if the child of a lesbian co-mother or gay co-father may be recognised
through reformed parenting presumptions, adoption laws or a new definition of
‘step-child’)
‘marital relationship’ (s 6A – amend
to include a ‘de facto relationship’)
‘spouse’ (s 6B(2) – no need to amend
if ‘marital relationship’ is amended)
‘step-child’ (insert new
definition) |
Diplomatic Privileges and Immunities Act 1967 (Cth) |
‘de facto partner’ (insert new
definition)
‘de facto relationship’ (insert new
definition)
‘member of the family’ (insert new
definition including a ‘de facto partner’. No need to insert
definition of ‘child’ if a lesbian co-mother or gay co-father and
her or his children may be recognised through reformed parenting presumptions or
adoption laws) |
Education Services for Overseas Students Act 2000 (Cth) |
‘associate’ (s 6(1) – no need to amend
if new definition of ‘de facto spouse’ and if a lesbian co-mother or
gay co-father and her or his children may be recognised as a
‘parent’ or ‘child’ through reformed parenting
presumptions or adoption laws)
‘de facto partner’ (insert new
definition)
‘de facto relationship’ (insert new
definition)
‘de facto spouse’ (insert new definition
including a ‘de facto partner’) |
Family Law Act 1975 (Cth) |
‘parent’ (s 4 – no need to amend if s
60H is amended and a gay co-father or lesbian co-mother may be recognised
through reformed adoption laws)
Parenting presumptions for a child born through assisted
reproductive technology (s 60H – amend to include a parenting presumption
in favour of a lesbian co-mother) |
Federal Magistrates Amendment (Disability and Death
Benefits) Bill 2006 (seeking to amend the Federal Magistrates Act 1999 (Cth)) |
‘de facto partner’ (insert new
definition)
‘de facto relationship’ (insert new
definition)
‘eligible child’ (sch 1, cl 13 inserting sch
1, cl 9F into the Federal Magistrates Act – no need to amend if the child
of a lesbian co-mother or gay co-father may be recognised through reformed
parenting presumptions or adoption laws)
‘eligible spouse’ (sch 1, cl 13 inserting
sch 1, cl 9E into the Federal Magistrates Act – no need to amend if
‘marital relationship’ is amended)
‘marital relationship’ (sch 1, cl 13
inserting sch 1, cl 9E(5) into the Federal Magistrates Act – amend to
include a ‘de facto partner’) |
Financial Sector (Shareholdings) Act 1998 (Cth) |
‘associates’ (sch 1, cl 4 – no need to
amend if new definition of ‘spouse’ and a lesbian co-mother or gay
co-father and her or his children may be recognised as a ‘parent’,
‘son’ or ‘daughter’ through reformed parenting
presumptions or adoption laws)
‘de facto partner’ (insert new
definition)
‘de facto relationship’ (insert new
definition)
‘relative’ (sch 1, cl 2 –no need to
amend if new definition of ‘spouse’ and a lesbian co-mother or gay
co-father and her or his children may be recognised as a ‘parent’,
‘son’ or ‘daughter’ through reformed parenting
presumptions or adoption laws)
‘spouse’ (insert new
definition including a ‘de facto partner’) |
Foreign Acquisitions and Takeovers Act 1975 (Cth) |
‘associate’ (s 6(a) – no need to amend
if new definition of ‘spouse’ and a lesbian co-mother or gay
co-father and her or his children may be recognised as a ‘parent’,
‘son’ or ‘daughter’ through reformed parenting
presumptions and adoption laws)
‘de facto partner’ (insert new
definition)
‘de facto relationship’ (insert new
definition)
‘spouse’ (insert new definition including a
‘de facto partner’) |
Foreign Acquisitions and Takeovers Regulations 1989 (Cth) |
‘de facto partner’ (insert new
definition)
‘de facto relationship’ (insert new
definition)
‘spouse’ (reg 2 – amend to include a
‘de facto partner’) |
Foreign States Immunities Act 1985 (Cth) |
‘de facto partner’ (insert new
definition)
‘de facto relationship’ (insert new
definition)
‘spouse’ (insert new definition including a
‘de facto partner’) |
Fringe Benefits Tax Assessment Act 1986 (Cth) |
‘associate’ (s 136(1) – no need to
amend if ‘spouse’ is amended in the Income Tax Assessment Act
1997 (Cth) (Income Tax Assessment Act 1997) and the child of a lesbian
co-mother or gay co-father may be recognised through reformed parenting
presumptions, adoption laws or a new definition of ‘step-child’ in
the Income Tax Assessment Act 1997)
‘child’ (s 136(1) – no need to amend
if the child of a lesbian co-mother or gay co-father may be recognised through
reformed parenting presumptions, adoption laws or a new definition of
‘step-child’ in the Income Tax Assessment Act 1997)
‘relative’ (s 136(1) – no need to
amend if ‘spouse’ is amended in the Income Tax Assessment Act 1997
and a lesbian co-mother or gay co-father may be recognised as a parent through
reformed parenting presumptions or adoption laws or a new definition of
‘step-child’ in the Income Tax Assessment Act 1997)
‘spouse’ (s 136(1) – no need to amend
if ‘spouse’ is amended in the Income Tax Assessment Act
1997) |
Governor-General Act 1974 (Cth) |
‘de facto relationship’ (insert new
definition)
‘marital relationship’ (s 2B – amend
to include ‘de facto relationship’)
‘spouse of a deceased person’ (s 2C –
no need to amend if ‘marital relationship’ is amended) |
Health Insurance Act 1973 (Cth) |
‘de facto partner’ (insert new
definition)
‘de facto relationship’ (insert new
definition)
‘dependent child’ (s 10AA(7) – amend
to clarify the role of a parenting order; otherwise no need to amend if the
child of a lesbian co-mother or gay co-father may also be recognised through
reformed parenting presumptions or adoption laws)
‘member of a person’s family’ (s
10AA(1) – no need to amend if ‘spouse’ is amended and
‘dependent child’ recognises the child of a lesbian co-mother or gay
co-father through reformed parenting presumptions or adoption laws)
‘spouse’ (s 10AA(7) – amend to refer
to a ‘de facto partner’) |
Higher Education Funding Act 1988 (Cth) |
‘de facto partner’ (insert new
definition)
‘de facto relationship’ (insert new
definition)
‘overseas student’ (s 3 – no need to
amend if new definition of ‘spouse’)
‘relative’ (no need to insert definition if
a lesbian co-mother or gay co-father and her or his children may be recognised
through reformed parenting presumptions or adoption laws)
‘spouse’ (insert new definition including a
‘de facto partner’) |
Higher Education Support Act 2003 (Cth) |
‘de facto partner’ (insert new
definition)
‘de facto relationship’ (insert new
definition)
‘overseas student’ (sch 1, r 1 – no
need to amend if new definition of ‘spouse’)
‘relative’ (no need to insert definition if
a lesbian co-mother or gay co-father and her or his children may be recognised
through reformed parenting presumptions or adoption laws)
‘spouse’ (insert new definition including a
‘de facto partner’) |
Income Tax Assessment Act
1936 (Cth) |
‘associate’ (s 318 – no need to amend
if ‘spouse’ is amended in the Income Tax Assessment Act 1997 and the
child of a lesbian co-mother or gay co-father may be recognised through reformed
parenting presumptions, adoption laws or a new definition of
‘step-child’ in the Income Tax Assessment Act 1997)
‘child’ (s 6(1) – no need to amend if
the child of a lesbian co-mother or gay co-father may be recognised through
reformed parenting presumptions, adoption laws or a new definition of
‘step-child’ in the Income Tax Assessment Act 1997)
‘child-housekeeper’
(s 159J(6) – no need to amend if the child of a lesbian co-mother or gay
co-father may be recognised through reformed parenting presumptions, adoption
laws or a new definition of ‘step-child’ in the Income Tax
Assessment Act 1997)
‘dependant’ (s 251R – no need to amend
if ‘spouse’ is amended in the Income Tax Assessment Act 1997;
‘member of a couple’ is amended in the Social Security Act; and the
child of a lesbian co-mother or gay co-father may be recognised through reformed
parenting presumptions, adoption laws or a new definition of
‘step-child’ in the Income Tax Assessment Act 1997)
‘invalid relative’ (s 159J(6) – no
need to amend if the child of a lesbian co-mother or gay co-father may be
recognised through reformed parenting presumptions, adoption laws or a new
definition of ‘step-child’ in the Income Tax Assessment Act
1997)
‘relative’ (s 6(1) – no need to amend
if ‘spouse’ is amended in the Income Tax Assessment Act 1997 and a
lesbian co-mother or gay co-father may be recognised as a parent through
reformed parenting presumptions or adoption laws in the Income Tax Assessment
Act 1997)
‘spouse’ (s 6(1) – no need to amend if
‘spouse’ is amended in the Income Tax Assessment Act
1997) |
Income Tax Assessment Act 1997 (Cth) |
‘child event’ (s 61-360(a) – no need
to amend if ‘legally responsible’ is amended and the child of a
lesbian co-mother or gay co-father may also be recognised through reformed
parenting presumptions or adoption laws)
‘child’ (s 995-1(1) – no need to amend
if the child of a lesbian co-mother or gay co-father may be recognised through
reformed parenting presumptions, adoption laws or a new definition of
‘step-child’)
‘de facto partner’ (insert new
definition)
‘de facto relationship’ (insert new
definition)
‘death benefits dependant’ (s 302-195
– no need to amend if ‘spouse’ is amended and
‘child’ may recognise the child of a lesbian co-mother or gay
co-father through reformed parenting presumptions, adoption laws or a new
definition of ‘step-child’)
‘interdependency relationship’ (s 302-200
– no need to amend if ‘spouse’ is amended)
‘legally responsible’ (s 995-1(1) –
amend to clarify that a parenting order is evidence of legal
responsibility)
‘partner’ (s 61-490(1)(b) – no need to
amend if ‘member of a couple’ is amended in the Social Security
Act)
‘relative’ (s 995-1(1) – no need to
amend if ‘spouse’ is amended and a lesbian co-mother or gay
co-father may be recognised as a parent through reformed parenting presumptions
or adoption laws)
‘spouse’ (s 995-1(1)
– amend to include a ‘de facto partner’)
‘step-child’ (insert new
definition) |
Income Tax Regulations 1936 (Cth) |
‘interdependency relationship’ (reg 8A(1)
– no need to amend if ‘spouse’ is amended in the Income Tax
Assessment Act 1997) |
Insurance Acquisitions and Takeovers Act 1991 (Cth) |
‘associate’ (s 7 – no need to amend if
a new definition of ‘spouse’; and ‘parent’,
‘son’ or ‘daughter’ may include a lesbian co-mother or
gay co-father and her or his children through reformed parenting presumptions or
adoption laws)
‘de facto partner’ (insert new
definition)
‘de facto relationship’ (insert new
definition)
‘relative’ (s 4 – no need to amend if
a new definition of ‘spouse’; and ‘parent’,
‘son’ or ‘daughter’ may include a lesbian co-mother or
gay co-father and her or his children through reformed parenting presumptions or
adoption laws)
‘spouse’ (insert new definition including a
‘de facto partner’) |
International Organisations (Privileges and
Immunities) Act 1963 (Cth) |
‘children’ (no need to insert definition if
the children of a lesbian co-mother or gay co-father may be recognised through
reformed parenting presumptions or adoption laws)
‘de facto partner’ (insert new
definition)
‘de facto relationship’ (insert new
definition)
‘dependent relatives’ (insert new definition
including a ‘spouse’ and ‘children’)
‘spouse’ (insert new definition including a
‘de facto partner’) |
Judges’ Pensions Act 1968 (Cth) |
‘de facto relationship’ (insert new
definition)
‘eligible child’ (s 4AA – amend to
clarify the role of a parenting order; otherwise no need to amend if the child
of a lesbian co-mother or gay co-father may also be recognised through reformed
parenting presumptions or adoption laws)
‘marital relationship’ (s 4AB(1) –
amend to include ‘de facto relationship’)
‘spouse who survives a deceased judge’ (s
4AC(2) – no need to amend if ‘marital relationship’ is
amended) |
Judicial and Statutory Officers (Remuneration and
Allowances) Act 1984 (Cth) |
‘de facto partner’ (insert new
definition)
‘de facto relationship’ (insert new
definition)
‘spouse’ (insert new definition including a
‘de facto partner’) |
Life Insurance Act 1995 (Cth) |
‘child’ (no need to insert definition if the
child of a lesbian co-mother or gay co-father may be recognised through reformed
parenting presumptions or adoption laws)
‘de facto partner’ (insert new
definition)
‘de facto relationship’ (insert new
definition)
‘spouse’ (sch 1 – amend to include
‘de facto partner’) |
Medicare Levy Act 1986 (Cth) |
The Medicare Levy Act 1986 (Cth) does not define
the relevant terms, but relies on definitions in the Income Tax Assessment
Act 1936 (Cth) (s 3(1)). Changes to that Act will automatically change
definitions in the Medicare Levy Act. |
Members of Parliament (Life
Gold Pass) Act 2002 (Cth) |
‘de facto partner’ (insert new definition)
‘de facto relationship’ (insert new
definition)
‘spouse’ (s 4 – amend to include a
‘de facto partner’)
‘widow’ (s 4 – amend to remove gender
specific language, otherwise no need to amend if ‘spouse’ is
amended)
‘widower’ (s 4 – amend to remove
gender specific language, otherwise no need to amend if ‘spouse’ is
amended) |
Migration Regulations 1994 (Cth) |
‘member of the family unit’ (reg 1.12
– no need to amend if ‘spouse’ is amended)
‘member of the immediate family’ (reg 1.12AA
– no need to amend if ‘spouse’ is amended)
‘spouse’ (reg 1.15A(2) – amend
criteria of ‘de facto relationship’ to include same-sex
couples) |
Military Rehabilitation and Compensation Act 2004 (Cth) |
‘de facto partner’ (insert new
definition)
‘de facto relationship’ (insert new
definition)
‘dependant’ (s 15(2) – amend to
clarify the role of a parenting order and to change the reference to a
‘step-son’, ‘step-daughter’, ‘step-mother’
and ‘step-father’ to ‘step-child’ and
‘step-parent’ respectively. Otherwise no need to amend if
‘partner’ is amended and a lesbian co-mother or gay co-father and
her or his children may also be recognised through reformed parenting
presumptions, adoption laws or a new definition of ‘step-child’ and
‘step-parent’)
‘eligible young person’ (s 5 – no need
to amend)
‘partner’ (s 5 – amend to
include a ‘de facto partner’)
‘step-child’ (insert new
definition)
‘step-parent’ (insert new
definition)
‘wholly dependent partner’ (s 5 – no
need to amend if ‘partner’ is amended) |
Military Superannuation and
Benefits Trust Deed (made under s 5(1) of Military
Superannuation and Benefits Act 1991 (Cth)) |
‘child’ (sch 1, r 1 – no need to amend
if ‘spouse’ is amended and the child of a lesbian co-mother or gay
co-father may be recognised through reformed parenting presumptions, adoption
laws or a new definition of ‘step-child’)
‘de facto relationship’ (insert new
definition)
‘eligible child’ (sch 1, r 1 – no need
to amend if the child of a lesbian co-mother or gay co-father may be recognised
through reformed parenting presumptions, adoption laws or a new definition of
‘step-child’)
‘marital relationship’ (sch 1, r 1A –
amend to include ‘de facto relationship’)
‘spouse’ (sch 1, r 12 –
delete)
‘spouse’ (sch 1, r 9 – no need to
amend if ‘marital relationship’ is amended)
‘step-child’ (insert new
definition) |
National Health Act 1953 (Cth) |
‘de facto relationship’ (insert new
definition)
‘de facto spouse’ (s 4 – replace with
new definition of ‘de facto partner’)
‘dependent child’ (s 84B(4) – amend to
clarify the role of a parenting order; otherwise no need to amend if the child
of a lesbian co-mother or gay co-father may also be recognised through reformed
parenting presumptions or adoption laws)
‘member of a person’s family’ (s
84B(1) – no need to amend if ‘spouse’ is amended and
‘dependent child’ recognises the child of a lesbian co-mother or gay
co-father through reformed parenting presumptions or adoption laws)
‘spouse’ (s 84B(4) - replace the term
‘de facto spouse’ with the term ‘de facto
partner’) |
Parliamentary Contributory Superannuation Act
1948 (Cth) |
‘child’ (s 19AA(5) – no need to amend
if the child of a lesbian co-mother or gay co-father may be recognised through
reformed parenting presumptions or adoption laws)
‘de facto relationship’ (insert new
definition)
‘eligible child’ (s 19AA(5) – no need
to amend if the child of a lesbian co-mother or gay co-father may be recognised
through reformed parenting presumptions or adoption laws)
‘marital relationship’ (s 4B – amend
to include ‘de facto relationship’)
‘spouse’ (s 4C(2) – no need to amend
if ‘marital relationship’ is amended) |
Parliamentary Entitlements Act 1990 (Cth) |
‘de facto partner’ (insert new definition)
‘de facto relationship’ (insert new
definition)
‘spouse’ (s 3 – amend to include a
‘de facto partner’) |
Passenger Movement Charge Collection Act 1978 (Cth) |
‘child’ (s 3 – no need to amend if the
child of a lesbian co-mother or gay co-father may be recognised through reformed
parenting presumptions, adoption laws or a new definition of
‘step-child’)
‘de facto partner’ (insert new
definition)
‘de facto relationship’ (insert new
definition)
‘spouse’ (s 3 – amend to include
‘de facto partner’)
‘step-child’ (insert new definition) |
Pooled Development Funds Act 1992 (Cth) |
‘associate’ (s 31 – no need to amend
if ‘de facto spouse’ is amended and if a lesbian co-mother or gay
co-father and her or his children may be recognised as a ‘parent’ or
‘child’ through reformed parenting presumptions or adoption
laws)
‘de facto partner’ (insert new
definition)
‘de facto relationship’ (insert new
definition)
‘de facto spouse’ (s 4(1) – amend to
include ‘de facto partner’) |
Proceeds of Crime Act 2002 (Cth) |
‘de facto partner’ (insert new
definition)
‘de facto relationship’ (insert new
definition)
‘de facto spouse’ (insert new definition
including a ‘de facto partner’)
‘dependant’ (s 338 – no need to amend
if new definition of ‘de facto partner’ and if the child of a
lesbian co-mother or gay co-father may be recognised as a ‘child’
through reformed parenting presumptions or adoption laws) |
Remuneration Tribunal Determination 2006/14: Members
of Parliament – Travelling Allowance |
‘de facto partner’ (insert new definition)
‘de facto relationship’ (insert new
definition)
‘spouse’ (insert new definition including a
‘de facto partner’)
‘ |
Remuneration Tribunal Determination 2006/18: Members
of Parliament – Entitlements |
‘de facto partner’ (insert new definition)
‘de facto relationship’ (insert new
definition)
‘spouse’ (insert new definition including a
‘de facto partner’) |
Retirement Savings Accounts Act 1997 (Cth) |
‘child’ (s 20(3) – no need to amend if
the child of a lesbian co-mother or gay co-father may be recognised through
reformed parenting presumptions, adoption laws or a new definition of
‘step-child’)
‘de facto partner’ (insert new
definition)
‘de facto relationship’ (insert new
definition)
‘dependant’ (s 20(1) – no need to
amend if ‘spouse’ is amended and ‘child’ may recognise
the child of a lesbian co-mother or gay co-father through reformed parenting
presumptions, adoption laws or a new definition of
‘step-child’)
‘interdependency relationship’ (s 20A
– no need to amend if ‘spouse’ is amended)
‘spouse’ (s 20(2) – amend to include a
‘de facto partner’)
‘step-child’ (insert new
definition) |
Safety, Rehabilitation and Compensation Act 1988 (Cth) |
‘de facto partner’ (insert new
definition)
‘de facto relationship’ (insert new
definition)
‘dependant’ (s 4(1) – amend to clarify
the role of a parenting order and to change references to a
‘step-son’, ‘step-daughter’, ‘step-mother’
and ‘step-father’ to ‘step-child’ and
‘step-parent’ respectively. Otherwise no need to amend if
‘spouse’ is amended and a lesbian co-mother or gay co-father and her
or his children may also be recognised through reformed parenting presumptions,
adoption laws or a new definition of ‘step-child’ and
‘step-parent’)
‘prescribed child’ (s 4(1) – no need
to amend)
‘prescribed person’ (s 19(12) – amend
to clarify the role of a parenting order and to change references to a
‘step-son’, ‘step-daughter’, ‘step-mother’
and ‘step-father’ to ‘step-child’ and
‘step-parent’ respectively. Otherwise no need to amend if
‘spouse’ is amended and a lesbian co-mother or gay co-father and her
or his children may also be recognised through reformed parenting presumptions,
adoption laws or a new definition of ‘step-child’ and
‘step-parent’)
‘spouse’ (s 4(1) – amend to include a
‘de facto partner’)
‘step-child’ (insert new
definition)
‘step-parent’ (insert new
definition) |
Seafarers Rehabilitation and Compensation Act
1992 (Cth) |
‘de facto partner’ (insert new
definition)
‘de facto relationship’ (insert new
definition)
‘dependant’ (s 3 – amend to clarify
the role of a parenting order and to change references to a
‘step-son’, ‘step-daughter’, ‘step-mother’
and ‘step-father’ to ‘step-child’ and
‘step-parent’ respectively. Otherwise no need to amend if
‘spouse’ is amended and a lesbian co-mother or gay co-father and her
or his children may also be recognised through reformed parenting presumptions,
adoption laws or a new definition of ‘step-child’ and
‘step-parent’)
‘prescribed child’ (s 3 – no need to
amend)
‘prescribed person’ (s 3 – amend to
clarify the role of a parenting order and to change references to a
‘step-son’, ‘step-daughter’, ‘step-mother’
and ‘step-father’ to ‘step-child’ and
‘step-parent’ respectively. Otherwise no need to amend if
‘spouse’ is amended and a lesbian co-mother or gay co-father and her
or his children may also be recognised through reformed parenting presumptions,
adoption laws or a new definition of ‘step-child’ and
‘step-parent’)
‘spouse’ (s 3 – amend to include a
‘de facto partner’)
‘step-child’ (insert new
definition)
‘step-parent’ (insert new
definition) |
Social Security Act 1991 (Cth) |
‘de facto partner’ (insert new
definition)
‘de facto relationship’ (insert new
definition)
‘dependant’ (s 6A(1) – no need to
amend if ‘partner’ and ‘dependent child’ are amended and
‘FTB child’ (in A New Tax System (Family Assistance) Act 1999 (Cth)) may also recognise the child of a lesbian co-mother or gay co-father
through reformed parenting presumptions or adoption laws)
‘dependent child’ (s 5(2), (4) – amend
to clarify the role of a parenting order; otherwise no need to amend if the
child of a lesbian co-mother or gay co-father may also be recognised through
reformed parenting presumptions or adoption laws)
‘independent’ (s 1067A – no need to
amend if ‘partner’ and ‘member of a Youth Allowance
couple’ is amended and the child of a lesbian co-mother or gay co-father
may be recognised through reformed parenting presumptions or adoption
laws)
‘marriage-like relationship’ (s 4(2), (3),
(3A) – replace with ‘de facto relationship’)
‘member of a couple’ (s 4(2)(b) –
amend to include a ‘de facto partner’ and ‘de facto
relationship’)
‘member of a Youth Allowance couple’ (s
1067C – amend to include a ‘de facto partner’ and replace
‘marriage-like relationship’ with ‘de facto
relationship’)
‘parent’ (s 5(1)(a) – amend to ensure
that a lesbian co-mother or gay co-father may be recognised through reformed
parenting presumptions or adoption laws)
‘parent’ (s 5(1)(b) – no need to amend
if ‘member of couple’ is amended)
‘partner’ (s 4(1) – no need to amend
if ‘member of a couple’ is amended)
‘principal carer’ (s 5(15) – no need
to amend if ‘dependent child’ is amended)
‘widow’ (s 23 – amend to remove a
reference to partner of ‘a man’, otherwise no need to amend if
‘member of a couple’ is amended)
‘young person’ (s 5(1B) – no need to
amend) |
Superannuation (Public Sector Superannuation
Accumulation Plan) Trust Deed (made under s 10 of the Superannuation Act
2005 (Cth)) |
‘dependant’ (div 2, r 1.2.1 – no need
to amend if ‘spouse’ is amended in the Superannuation Industry
(Supervision) Act 1993 (Cth) (Superannuation Industry Act)) |
Superannuation Act
1976 (Cth) |
‘child’ (s 3(1) – no need to amend if
the child of a lesbian co-mother or gay co-father may be recognised through
reformed parenting presumptions, adoption laws or a new definition of
‘step-child’)
‘de facto relationship’ (insert new
definition)
‘eligible child’ (s 3(1) – no need to
amend if the child of a lesbian co-mother or gay co-father may also be
recognised through reformed parenting presumptions, adoption laws or a new
definition of ‘step-child’)
‘marital relationship’ (s 8A – amend
to include ‘de facto relationship’)
‘partially dependent child’ (s 3(1) –
no need to amend if the child of a lesbian co-mother or gay co-father may also
be recognised through reformed parenting presumptions, adoption laws or a new
definition of ‘step-child’)
‘spouse’ (s 8B(2) – no need to amend
if ‘marital relationship’ is amended)
‘step-child’ (insert new definition) |
Superannuation Act 1990 (Cth) |
‘child’ (sch 1, r 1.1.1 – no need to
amend if ‘spouse’ is amended and the child of a lesbian co-mother or
gay co-father may be recognised through reformed parenting presumptions,
adoption laws or a new definition of ‘step-child’)
‘de facto partner’ (insert new
definition)
‘de facto relationship’ (insert new
definition)
‘eligible child’ (sch 1, r 1.1.1 – no
need to amend if the child of a lesbian co-mother or gay co-father may also be
recognised through reformed parenting presumptions, adoption laws or a new
definition of ‘step-child’)
‘partially dependent child’ (sch 1, r 1.1.1
– no need to amend if the child of a lesbian co-mother or gay co-father
may also be recognised through reformed parenting presumptions, adoption laws or
a new definition of ‘step-child’)
‘spouse’ (sch 1, r 1.1.1 – amend to
include a ‘de facto partner’)
‘step-child’ (insert new
definition) |
Superannuation Industry (Supervision) Act 1993 (Cth) |
‘child’ (s 10(1) – no need to amend if
the child of a lesbian co-mother or gay co-father may be recognised through
reformed parenting presumptions, adoption laws or a new definition of
‘step-child’)
‘de facto partner’ (insert new
definition)
‘de facto relationship’ (insert new
definition)
‘dependant’ (s 10 – no need to amend
if ‘spouse’ is amended and the child of a lesbian co-mother or gay
co-father may be recognised through reformed parenting presumptions, adoption
laws or a new definition of ‘step-child’)
‘interdependency relationship’ (s 10A - no
need to amend if ‘spouse’ is amended)
‘spouse’ (s 10(1) – amend to include a
‘de facto partner’)
‘step-child’ (insert new
definition) |
Superannuation Industry (Supervision) Regulations 1994
(Cth) |
‘interdependency relationship’ (reg 1.04AAAA
- no need to amend if ‘spouse’ is amended in the Superannuation
Industry Act) |
Veterans’ Entitlements Act 1986 (Cth) |
‘child of a veteran’ (s 10 –
amend to clarify the role of a parenting order; otherwise no need to amend if
the child of a lesbian co-mother or gay co-father may also be recognised through
reformed parenting presumptions or adoption laws)
‘child’ (s 5F(1) – no need to
amend)
‘de facto partner’ (insert new
definition)
‘de-facto relationship’ (insert new
definition)
‘dependant’ (s 11(1) – no need to
amend if ‘member of a couple’, ‘widow’,
‘widower’, ‘non-illness separated spouse’ are
amended)
‘dependent child’ (s 5F – no need to
amend if s 5(2), (4) is amended in the Social Security Act)
‘marriage-like relationship’ (s 11A –
replace with ‘de facto relationship’)
‘member of a couple’ (s 5E(2)(b) –
amend to include a ‘de facto partner’ and replace
‘marriage-like relationship’ with ‘de-facto
relationship’)
‘non-illness separated
spouse’ (s 5E(1) – amend to include a ‘de facto
partner’)
‘partner’ (s 5E(1) – no need to amend
if ‘member of a couple’ is amended)
‘war widow’ (s 5E(1) – no need to
amend if ‘member of a couple’ is amended)
‘war widower’ (s 5E(1) – no need to
amend if ‘member of a couple’ is amended)
‘widow’ (s 5E(1) – amend to remove a
reference to partner of ‘a man’, otherwise no need to amend if
‘member of a couple’ is amended)
‘widower’ (s 5E(1) – amend to remove a
reference to partner of ‘a woman’, otherwise no need to amend if
‘member of a couple’ is amended) |
Workplace Relations Act 1996 (Cth) |
‘child’ (s 240 – no need to amend if
the child of a lesbian co-mother or gay co-father are recognised through
refo
|
