Penny Wong (SA, Australian Labor Party, Minister for Climate Change and Water) Share this | Hansard source

I move government request (39) on sheet QH401:

(39)  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.

Question agreed to.

by leave—I move government amendments (83) and (84) on sheet QH401 together:

(83)  Schedule 10, page 107 (before line 5), before item 13, insert:

12A  Subsection 5(1)

Insert:

adoption has the same meaning as in the regulations.

(84)  Schedule 10, item 20, page 108 (lines 9 to 18), omit subsection 5CA(1), substitute:

        (1)    Without limiting who is a child of a person for the purposes of this Act, each of the following is the child of a person:

             (a)    someone who is a child of the person within the meaning of the Family Law Act 1975 (other than someone who is an adopted child of the person within the meaning of that Act);

             (b)    someone who is an adopted child of the person within the meaning of this Act.

These amendments amend the Migration Act definition of ‘child’ by removing the reference to ‘product of a relationship’ as a definition of a child and instead utilising by reference to a child the definition within the meaning of the Family Law Act. To preserve existing migration policy, the definition of a child will use the meaning of adoption in the Migration Regulations rather than the Family Law Act meaning of that term.