Message from Governor-General recommending appropriation for requested amendments announced.

Consideration resumed from 13 November.

Senate’s requested amendments—

(1)    Schedule 1, page 3 (line 2) to page 11 (line 21), omit the Schedule, substitute:

Schedule 1—Finance and Deregulation amendments

Parliamentary Contributory Superannuation Act 1948

1 Subsection 4(1) (definition of former spouse)

After “marital”, insert “or couple”.

2 Subsection 4(1)

Insert:

marital or couple relationship has the meaning given by section 4B.

3 Subsection 4(1)

Insert:

partner: 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).

4 Subsection 4(1)

Insert:

spouse has a meaning affected by section 4C.

5 Subsection 4B(1)

After “marital”, insert “or couple”.

Note:                The heading to section 4B is replaced by the heading “Marital or couple relationship”.

6 Subsection 4B(1)

After “husband or wife”, insert “or partner”.

7 Subsection 4B(2)

After “husband or wife” (wherever occurring), insert “or partner”.

8 Subsection 4B(3)

After “marital”, insert “or couple”.

9 After paragraph 4B(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;

10 At the end of paragraph 4B(4)(c)

Add:

             or (iii)    a child of both of the persons within the meaning of the Family Law Act 1975;

11 Subsections 4C(2) and (3)

After “marital” (wherever occurring), insert “or couple”.

12 Paragraph 19AA(2)(d)

Repeal the paragraph, substitute:

             (d)    was not or is not survived by a person with whom the deceased person had had a marital or couple relationship and who is:

                   (i)    the natural or adoptive parent of that child; or

                  (ii)    the parent of that child because the child is a child of the person within the meaning of the Family Law Act 1975;

13 Paragraph 19AA(2B)(a)

Repeal the paragraph, substitute:

             (a)    the child:

                   (i)    was born while the deceased person was having a marital or couple relationship with another person; or

                  (ii)    was adopted by the deceased person or the deceased person with that other person during the duration of that relationship; or

                 (iii)    was a child of the deceased person, and that other person, within the meaning of the Family Law Act 1975; and

14 Subsection 19AA(5) (definition of child)

Repeal the definition, substitute:

child, in relation to a person, means a child of the person, including:

             (a)    an adopted child or an ex-nuptial child of the person; and

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

15 Application of amendments of the Parliamentary Contributory Superannuation Act 1948

The amendments of the Parliamentary Contributory Superannuation Act 1948 made by this Schedule apply in relation to a benefit payable under that Act in respect of a person who dies on or after the commencement of this Schedule if the deceased person:

             (a)    was entitled to a parliamentary allowance at the time of his or her death; or

             (b)    was entitled to a retiring allowance (whether or not the retiring allowance was immediately payable) at the time of his or her death.

Superannuation Act 1922

16 After subsection 48AB(4)

Insert:

     (4A)    If a pensioner or contributor died before the day on which Schedule 1 to the Same-Sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Act 2008 commenced:

             (a)    the amendments of the Superannuation Act 1976 made by that Schedule do not apply in relation to any pension that, apart from this subsection, may be granted under this section in respect of the deceased pensioner or contributor; and

             (b)    the Superannuation Act 1976 as in force immediately before the commencement of Schedule 1 continues to apply in relation to any pension granted or that may be granted under this section in respect of the deceased pensioner or contributor.

17 At the end of section 48ABA

Add:

        (9)    For the purposes of applying the definitions of eligible child and spouse in subsection (1) in relation to a deceased pensioner who died before the day on which Schedule 1 to the Same-Sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Act 2008 commenced:

             (a)    the amendments of the Superannuation Act 1976 made by that Schedule do not apply; and

             (b)    the Superannuation Act 1976 as in force immediately before the commencement of that Schedule continues to apply.

Superannuation Act 1976

18 Subsection 3(1) (definition of child)

Repeal the definition, substitute:

child, in relation to a person who has died, means:

             (a)    a child of the person, including:

                   (i)    an adopted child, an ex-nuptial child, a foster child, a stepchild or a ward, of the person; and

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

             (b)    a child of a spouse of the person, including:

                   (i)    an adopted child, an ex-nuptial child, a foster child, a stepchild or a ward, of the spouse; and

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

19 Subsection 3(1) (definition of late short-term marital relationship)

Repeal the definition (including the note).

20 Subsection 3(1)

Insert:

late short-term marital or couple relationship, in relation to a deceased retirement pensioner, means a marital or couple relationship between the pensioner and his or her spouse that began:

             (a)    less than 3 years before the pensioner’s death; and

             (b)    after the pensioner became a retirement pensioner and had reached the age of 60 years.

21 Subsection 3(1)

Insert:

marital or couple relationship has the meaning given by section 8A.

22 Subsection 3(1)

Insert:

partner: 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).

23 Subsection 3(1)

Insert:

spouse has a meaning affected by section 8B.

24 Subsection 3(1)

Insert:

stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a partner of the person is the stepchild of the person, if he or she would be the person’s stepchild except that the person is not legally married to the partner.

25 Subsection 8A(1)

After “marital”, insert “or couple”.

Note:                The heading to section 8A is replaced by the heading “Marital or couple relationship”.

26 Subsection 8A(1)

After “husband or wife”, insert “or partner”.

27 Subsection 8A(2)

After “husband or wife” (wherever occurring), insert “or partner”.

28 Subsection 8A(3)

After “marital”, insert “or couple”.

29 After paragraph 8A(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;

30 At the end of paragraph 8A(4)(c)

Add:

             or (iii)    a child of both of the persons within the meaning of the Family Law Act 1975;

31 Subsections 8B(2) and (3)

After “marital” (wherever occurring), insert “or couple”.

32 Subsections 94(2A), 95(1B) and 96(2A)

After “marital”, insert “or couple”.

33 Subsection 96AB(2) (paragraph (a) of the definition of relevant period)

After “marital”, insert “or couple”.

34 Paragraph 96BA(1)(a)

After “marital”, insert “or couple”.

35 Subsection 96BA(2) (paragraph (a) of the definition of relevant period)

After “marital”, insert “or couple”.

36 Subsection 108A(1)

After “marital”, insert “or couple”.

Note:                The heading to section 108A is altered by inserting “or couple” after “marital”.

37 Subsection 108A(5) (subparagraph (a)(i) of the definition of relevant period)

After “marital”, insert “or couple”.

38 Paragraph 109AB(2)(c)

After “marital”, insert “or couple”.

39 Paragraphs 109AB(3B)(b), (3C)(a) and (b), (5)(c), (5A)(b), (5B)(a) and (b)

After “marital”, insert “or couple”.

40 Paragraphs 110(4)(c) and (d) and (5B)(a)

After “marital”, insert “or couple”.

41 Subparagraph 110(5B)(b)(i)

After “marital”, insert “or couple”.

42 After subparagraph 110(5B)(b)(i)

Insert:

                 (ia)    was not a child of the spouse, and the pensioner, within the meaning of the Family Law Act 1975; or

43 Subparagraphs 110(5B)(b)(ii) and (iii)

After “marital”, insert “or couple”.

44 Paragraph 110(7)(c)

After “marital”, insert “or couple”.

45 Subparagraph 110(7A)(a)(ii)

After “marital”, insert “or couple”.

46 Subparagraph 110(7A)(b)(i)

After “marital”, insert “or couple”.

47 After subparagraph 110(7A)(b)(i)

Insert:

                 (ia)    was, within the meaning of the Family Law Act 1975, a child of the pensioner and the person with whom the pensioner had that marital or couple relationship; or

48 Subparagraphs 110(7A)(b)(ii) and (iii)

After “marital”, insert “or couple”.

49 Paragraph 110(7B)(a)

After “marital”, insert “or couple”.

50 Paragraph 110(14)(d)

Omit “an adopted child, an ex-nuptial child, a foster child, a step-child or a ward”, substitute “a child of a kind referred to in subparagraph (b)(i) or (ii) of the definition of child in subsection 3(1)”.

51 Paragraph 136(2B)(ma)

After “marital” (wherever occurring), insert “or couple”.

52 Application of amendments of the Superannuation Act 1976

The amendments of the Superannuation Act 1976 made by this Schedule apply in relation to a benefit payable under that Act in respect of a person who dies on or after the commencement of this Schedule, if, at the time of his or her death, the deceased person was:

             (a)    an eligible employee (within the meaning of that Act); or

             (b)    a deferred benefit member (within the meaning of Division 4A of Part V of that Act); or

             (c)    a retirement pensioner (within the meaning of that Act).

(2)    Schedule 3, items 1 to 17, page 18 (line 5) to page 20 (line 12), omit the items, substitute:

1 Subsection 3(1) (subparagraph (a)(ii) of the definition of child)

Omit “and”, substitute “or”.

2 Subsection 3(1) (after subparagraph (a)(ii) of the definition of child)

Insert:

                 (iii)    was, immediately before the member’s death, someone who would have been the stepchild of the member except that the member was not legally married to a spouse who survives the member; or

                 (iv)    is a child of the member within the meaning of the Family Law Act 1975; and

3 Subsection 3(1) (at the end of the definition of child)

Add:

   ; and (c)    a person who:

                   (i)    is, within the meaning of the Family Law Act 1975, a child of a spouse who survives the member; and

                  (ii)    was wholly or substantially dependent upon the member at the time of the member’s death.

4 Subsection 3(1) (definition of eligible orphan)

After “pension”, insert “or spouse pension”.

5 Subsection 3(1)

Insert:

marital or couple relationship has the meaning given by section 6A.

6 Subsection 3(1)

Insert:

partner: 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).

7 Subsection 3(1) (definition of pension benefit)

After “widow’s pension”, insert “, spouse pension”.

8 Subsection 3(1)

Insert:

spouse has a meaning affected by section 6B.

9 Subsection 6A(1)

Omit “marital relationship”, substitute “marital or couple relationship”.

Note:                The heading to section 6A is replaced by the heading “Marital or couple relationship”.

10 Subsection 6A(1)

After “husband or wife”, insert “or partner”.

11 Subsection 6A(2)

After “husband or wife” (wherever occurring), insert “or partner”.

12 Subsection 6A(3)

After “marital”, insert “or couple”.

13 After paragraph 6A(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;

14 At the end of paragraph 6A(4)(c)

Add:

          ; or (iii)    a child of both of the persons for the purposes of the Family Law Act 1975;

15 Subsections 6B(2) and (3)

After “marital” (wherever occurring), insert “or couple”.

16 Paragraph 6BA(1)(b)

After “marital”, insert “or couple”.

Note:                The heading to section 6BA is altered by omitting “marriages” and substituting “marital or couple relationships”.