Message from the Administrator recommending appropriation for requested amendments announced.

Bill returned from the Senate with requested amendments.

Ordered that the requested amendments be considered immediately.

Senate’s requested amendments—

SCHEDULE A

(1)    Schedule 2, page 20 (after line 3), after item 52, insert:

Family Law Act 1975

52A Subsection 4(1) (paragraphs (b) and (c) of the definition of step-parent)

Repeal the paragraphs, substitute:

             (b)    is, or has been, married to or a de facto partner (within the meaning of section 60EA) of, a parent of the child; and

             (c)    treats, or at any time while married to, or a de facto partner of, the parent treated, the child as a member of the family formed with the parent.

52B Paragraph 66M(3)(b)

After “marriage to”, insert “, or relationship with,”.

52C Application to the Child Support (Registration and Collection) Act 1988

To the extent that the amendment of the Family Law Act 1975 made by this Schedule affects the definition of step-parent in subsection 4(1) of the Child Support (Registration and Collection) Act 1988, it applies in relation to that definition on and after 1 July 2009.

(2)    Schedule 6, page 58 (after line 4), after item 22, insert:

Child Support (Assessment) Act 1989

22A Subsection 5(1) (paragraph (b) of the definition of member of a couple)

Repeal the paragraph, substitute:

             (b)    a person who is living with another person as the partner of the other person on a genuine domestic basis although not legally married to the other person; or

             (c)    a person whose relationship with another person (whether of the same sex or a different sex) is 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, and is not living separately and apart from the other person on a permanent or indefinite basis .

22B Subsection 5(1) (definition of parent)

Repeal the definition, substitute:

parent:

             (a)    when used in relation to a child who has been adopted—means an adoptive parent of the child; and

             (b)    when used in relation to a child born because of the carrying out of an artificial conception procedure—means a person who is a parent of the child under section 60H of the Family Law Act 1975; and

             (c)    when used in relation to a child born because of a surrogacy arrangement—includes a person who is a parent of the child under section 60HB of the Family Law Act 1975.

22C Subsection 5(1)

Insert:

relative has a meaning affected by subsection (4).

22D At the end of section 5

Add:

Relatives

        (4)    For the purposes of section 26A and subparagraph 150(4E)(b)(ii), the relatives of a person are taken to include the following (without limitation):

             (a)    a partner of the person;

             (b)    someone who is a parent of the person, or someone of whom the person is a parent, because of the definition of parent in this section;

             (c)    anyone else who would be a relative of the person if someone mentioned in paragraph (a) or (b) is taken to be a relative of the person.

22E Paragraph 29(2)(d)

Omit “the father or mother”, substitute “a parent”.

22F At the end of subsection 29(2)

Add:

       ; or (i)    that the person is a parent of the child under section 60H or section 60HB of the Family Law Act 1975 .

22G Sub-subparagraph 163A(2)(b)(v)(B)

Repeal the sub-subparagraph, substitute:

                       (B)    in a de facto relationship with each other;

22H Subsection 163A(5)

Repeal the subsection, substitute:

        (5)    In this section:

de facto relationship means:

             (a)    a relationship between 2 persons (whether of the same sex or different sexes) who, although not legally married to each other, live with each other on a genuine domestic basis in a relationship as a couple; or

             (b)    a relationship between 2 persons (whether of the same sex or different sexes) that is 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.

Child Support (Registration and Collection) Act 1988

22J Subsection 4(1)

Insert:

relative has a meaning affected by subsection (5).

22K At the end of section 4

Add:

        (5)    For the purposes of this Act, the relatives of a person are taken to include the following (without limitation):

             (a)    a partner (within the meaning of the Assessment Act) of the person;

             (b)    someone who is the parent of the person, or someone of whom the person is a parent, because of the definition of parent in the Assessment Act;

             (c)    anyone else who would be a relative of the person if someone mentioned in paragraph (a) or (b) is taken to be a relative of the person.

SCHEDULE B

(1)    Clause 2, page 2 (table item 3), omit the table item.

(2)    Clause 2, page 3 (table item 17), omit the table item.

(3)    Clause 2, pages 3 and 4 (table item 18), omit the table item.

(4)    Clause 2, page 4 (table item 19), omit the table item.

(5)    Clause 2, page 4 (table item 20), omit the table item.

(6)    Clause 2, page 4 (table item 21), omit the table item.

(7)    Schedule 2, Part 1, page 8 (line 3) to page 9 (line 36), omit the Part.

(8)    Schedule 2, item 4, page 10 (lines 23 to 30), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of paragraph (a) of the definition of near relative in this subsection, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(9)    Schedule 2, item 9, page 12 (lines 2 to 8), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(10)  Schedule 2, item 11, page 12 (lines 19 to 25), omit all the words from and including “is the product” to and including “relationship.”, substitute “is a child of the person within the meaning of the Family Law Act 1975.”.

(11)  Schedule 2, item 34, page 15 (lines 7 to 13), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(12)  Schedule 2, item 36, page 15 (line 20) to page 16 (line 9), omit the definition of parent, substitute:

parent: without limiting who is a parent of a person for the purposes of this Act, someone (the adult) is the parent of a person if:

             (a)    the adult is legally entitled to, and has, custody of the person; or

             (b)    the adult is legally responsible for the day-to-day care, welfare and development of the person and has the person in his or her care.

(13)  Schedule 2, item 41, page 17 (lines 19 to 25), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of this section, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(14)  Schedule 2, item 43, page 18 (lines 5 to 11), omit all the words from and including “is the product” to and including “relationship.”, substitute “is a child of the person within the meaning of the Family Law Act 1975.”.

(15)  Schedule 2, item 61, page 21 (lines 24 to 30), omit all the words from and including “is the product” to and including “relationship.”, substitute “is a child of the person within the meaning of the Family Law Act 1975.”.

(16)  Schedule 2, item 67, page 22 (line 27) to page 23 (line 2), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(17)  Schedule 2, item 73, page 23 (lines 24 to 30), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(18)  Schedule 2, item 76, page 24 (lines 25 to 31), omit all the words from and including “is the product” to and including “relationship.”, substitute “is a child of the person within the meaning of the Family Law Act 1975.”.

(19)  Schedule 2, item 85, page 27 (line 31) to page 28 (line 2), omit the definition of parent, substitute:

parent: without limiting who is a parent of anyone for the purposes of this Act, a person is the parent of another person if the other person is a child of the person within the meaning of the Family Law Act 1975.

(20)  Schedule 3, item 2, page 30 (lines 23 to 28), omit all the words from and including “is the product” to and including “relationship.”, substitute “is a child of the person within the meaning of the Family Law Act 1975.”.

(21)  Schedule 3, item 6, page 31 (lines 9 to 15), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(22)  Schedule 3, item 12, page 32 (lines 17 to 24), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of Part 2A and this Schedule, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(23)  Schedule 4, item 1, page 35 (lines 5 and 6), omit the item.

(24)  Schedule 4, item 2, page 35 (lines 13 to 15), omit subparagraph (a)(ii) of the definition of child, substitute:

                  (ii)    a child of the person within the meaning of the Family Law Act 1975; and

(25)  Schedule 4, item 2, page 35 (line 19), omit the note.

(26)  Schedule 4, item 9, page 36 (lines 12 to 17), omit the item.

(27)  Schedule 4, item 47, page 41 (lines 14 to 20), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of subsection (3), someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(28)  Schedule 4, item 51, page 42 (lines 22 to 29), omit the definition of parent, substitute:

parent: without limiting who is a parent of anyone for the purposes of this Act, a person is the parent of another person if the other person is a child of the person within the meaning of the Family Law Act 1975.

(29)  Schedule 5, item 2, page 44 (lines 11 to 17), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of this section, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(30)  Schedule 5, item 9, page 45 (line 31) to page 46 (line 4), omit subclause (3) of Schedule 1, substitute:

        (3)    For the purposes of paragraph (2)(b), one person is the child of another person because of this subclause if he or she is a child of the other person within the meaning of the Family Law Act 1975.

(31)  Schedule 5, item 11, page 46 (lines 15 to 21), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(32)  Schedule 5, item 27, page 49 (lines 17 to 23), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(33)  Schedule 5, item 40, page 52 (lines 10 to 16), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of this section, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(34)  Schedule 6, item 1, page 53 (lines 9 to 15), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(35)  Schedule 6, item 7, page 54 (lines 24 to 30), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(36)  Schedule 6, items 13 to 16, page 56 (lines 12 to 28), omit the items.

(37)  Schedule 6, item 18, page 57 (lines 8 to 13), omit subsection 23(6), substitute:

        (6)    If a child (other than an adopted child) is a relationship child of a person because he or she is a child of the person, and of another person, within the meaning of the Family Law Act 1975, the person and the other person are taken to be the child’s only parents for the purposes of paragraph (c) of the definition of qualifying period in subsection (5).

(38)  Schedule 6, item 35, page 59 (lines 24 to 30), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(39)  Schedule 6, item 45, page 61 (lines 10 to 19), omit the item.

(40)  Schedule 6, item 68, page 64 (line 30) to page 65 (line 2), omit subsection 993(3), substitute:

        (3)    If a young person (other than an adopted child) is a relationship child of a person because he or she is a child of the person, and of another person, within the meaning of the Family Law Act 1975, the person and the other person are taken to be the young person’s only parents for the purposes of this section.

(41)  Schedule 6, item 70, page 65 (lines 7 to 11), omit subsection 994(2), substitute:

        (2)    If a young person (other than an adopted child) is a relationship child of a person because he or she is a child of the person, and of another person, within the meaning of the Family Law Act 1975, the person and the other person are taken to be the young person’s only parents for the purposes of this section.

(42)  Schedule 6, item 71, page 65 (lines 14 to 18), omit subsection 995(3), substitute:

        (3)    If a young person (other than an adopted child) is a relationship child of a person because he or she is a child of the person, and of another person, within the meaning of the Family Law Act 1975, the person and the other person are taken to be the young person’s only parents for the purposes of this section.

(43)  Schedule 6, item 73, page 65 (lines 25 to 30), omit subsection 1061PL(8), substitute:

        (8)    If a person (other than a person who is an adopted child) is a relationship child of another person because he or she is a child of the other person, and of a third person, within the meaning of the Family Law Act 1975, the other person and the third person are taken to be the person’s only parents for the purposes of subsections (3), (4), (5), (6) and (7).

(44)  Schedule 6, item 85, page 67 (lines 3 to 8), omit subsection 1067A(13), substitute:

      (13)    If a person (other than a person who is an adopted child) is a relationship child of another person because he or she is a child of the other person, and of a third person, within the meaning of the Family Law Act 1975, the other person and the third person are taken to be the person’s only parents for the purposes of subsections (5), (6), (7), (8), (9) and (11).

(45)  Schedule 6, item 88, page 67 (lines 16 to 20), omit subsection 1067B(2), substitute:

        (2)    If a person (other than a person who is an adopted child) is a relationship child of another person because he or she is a child of the other person, and of a third person, within the meaning of the Family Law Act 1975, the other person and the third person are taken to be the person’s only parents for the purposes of paragraph (1)(b).

(46)  Schedule 6, item 101, page 69 (lines 10 to 14), omit subsection 1067D(4), substitute:

        (4)    If a person (other than a person who is an adopted child) is a relationship child of another person because he or she is a child of the other person, and of a third person, within the meaning of the Family Law Act 1975, the other person and the third person are taken to be the person’s only parents for the purposes of paragraph (1)(b).

(47)  Schedule 6, items 104 to 106, page 69 (line 20) to page 70 (line 4), omit the items.

(48)  Schedule 6, item 110, page 70 (lines 14 to 18), omit subsection 1067J(2), substitute:

        (2)    If a person (other than a person who is an adopted child) is a relationship child of another person because he or she is a child of the other person, and of a third person, within the meaning of the Family Law Act 1975, the other person and the third person are taken to be the person’s only parents for the purposes of subsection (1).

(49)  Schedule 6, item 118, page 71 (lines 8 to 13), omit the item.

(50)  Schedule 6, item 125, page 72 (lines 5 to 11), omit all the words from and including “is the product” to and including “relationship.”, substitute “is a child of the person within the meaning of the Family Law Act 1975.”.

(51)  Schedule 6, item 127, page 72 (lines 23 to 29), omit all the words from and including “is the product” to and including “relationship.”, substitute “is a child of the beneficiary within the meaning of the Family Law Act 1975.”.

(52)  Schedule 7, item 1, page 73 (lines 7 to 12), omit all the words from and including “who is the product” to and including “relationship.”, substitute “of the person within the meaning of the Family Law Act 1975.”.

(53)  Schedule 7, item 9, page 74 (lines 22 to 28), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of this Part, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(54)  Schedule 7, items 49 and 50, page 83 (lines 12 to 18), omit the items.

(55)  Schedule 7, item 52, page 83 (line 23) to page 84 (line 21), omit the item.

(56)  Schedule 7, heading to Part 2, page 85 (line 2), omit the heading, substitute:

Part 2—Superannuation amendments

(57)  Schedule 7, page 85 (after line 6), after item 53, insert:

53A At the end of section 51

Add:

        (7)    The reference in paragraph (6)(a) to the birth of a child of the person includes a reference to the birth of a child who is a child of the person within the meaning of the Family Law Act 1975.

(58)  Schedule 7, page 85 (after line 9), after item 54, insert:

54A At the end of section 51A

Add:

        (8)    The reference in subparagraph (1)(b)(i) to the birth of a child of a person includes a reference to the birth of a child who is a child of the person within the meaning of the Family Law Act 1975.

(59)  Schedule 7, item 55, page 85 (line 13), omit “(whether Part 2, 3 or 4)”.

(60)  Schedule 7, Part 3, page 86 (lines 2 to 21), omit the Part.

(61)  Schedule 7, Part 4, page 87 (line 2) to page 88 (line 7), omit the Part.

(62)  Schedule 8, item 7, page 90 (lines 23 to 30), omit the definition of child, substitute:

child: without limiting who is a child of an individual for the purposes of this Act, someone is the child of an individual if he or she is a child of the individual within the meaning of the Family Law Act 1975.

(63)  Schedule 8, item 14, page 92 (lines 12 to 18), omit the definition of child, substitute:

child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

(64)  Schedule 9, item 4, page 94 (lines 9 to 15), omit the item.

(65)  Schedule 9, item 6, page 94 (line 20) to page 95 (line 9), omit the item.

(66)  Schedule 9, item 8, page 95 (lines 20 to 22), omit paragraph (b) of the definition of child, substitute:

             (b)    someone who is a child of the person within the meaning of the Family Law Act 1975.

(67)  Schedule 9, item 8, page 95 (lines 23 to 25), omit the note.

(68)  Schedule 9, item 14, page 96 (lines 16 to 21), omit the definition of parent (including the note), substitute:

parent: without limiting who is a parent of a child for the purposes of this Part, a person is the parent of a child if the child is a child of the person within the meaning of the Family Law Act 1975.

(69)  Schedule 9, item 18, page 97 (lines 8 to 14), omit the item.

(70)  Schedule 9, item 19, page 97 (lines 23 to 25), omit paragraph (c) of the definition of parent, substitute:

             (c)    the child is a child of the person within the meaning of the Family Law Act 1975.

(71)  Schedule 9, item 19, page 97 (lines 26 to 28), omit the note.

(72)  Schedule 9, item 21, page 98 (lines 8 to 10), omit paragraph 84(3B)(c), substitute:

             (c)    someone who is a child of the person within the meaning of the Family Law Act 1975.

(73)  Schedule 9, item 21, page 98 (lines 11 and 12), omit the note.

(74)  Schedule 9, items 23 and 24, page 98 (lines 15 to 34), omit the items.

(75)  Schedule 9, item 26, page 99 (lines 2 to 23), omit the item.

(76)  Schedule 9, item 30, page 101 (lines 12 to 14), omit paragraph (c) of the definition of child, substitute:

             (c)    someone who is a child of the person within the meaning of the Family Law Act 1975;

(77)  Schedule 9, item 30, page 101 (lines 18 to 21), omit all the words from and including “For the purposes” to and including “relationship.”.

(78)  Schedule 9, items 36 and 37, page 102 (lines 18 to 32), omit the items.

(79)  Schedule 10, item 1, page 104 (lines 9 to 15), omit all the words from and including “is the product” to and including “relationship.”, substitute “is a child of the person within the meaning of the Family Law Act 1975.”.

(80)  Schedule 10, item 7, page 105 (lines 7 to 18), omit section 8, substitute:

8 Children born as a result of artificial conception procedures or surrogacy arrangements

See this item in context