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This is a Bill, not an Act. For current law, see the Acts databases.


STATUTES AMENDMENT (EQUAL SUPERANNUATION ENTITLEMENTS FOR SAME SEX COUPLES) BILL 2002

[BIL035-B.HAL]

House of AssemblyNo. 23

[As laid on the table and read a first time, 5 June 2002]

South Australia

[Prepared by the Parliamentary Counsel on the instructions of F. Bedford, M.P.]

STATUTES AMENDMENT (EQUAL SUPERANNUATION ENTITLEMENTS FOR SAME SEX COUPLES) BILL 2002

A Bill For

An Act to amend the Parliamentary Superannuation Act 1974, the Police Superannuation Act 1990, the Southern State Superannuation Act 1994 and the Superannuation Act 1988.

[OPC-H39]


SUMMARY OF PROVISIONS

PART 1

PRELIMINARY

1.Short title

2.Commencement

3.Interpretation

PART 2

AMENDMENT OF PARLIAMENTARY SUPERANNUATION ACT 1984

4.Insertion of new section

7A.Putative spouses

PART 3

AMENDMENT OF POLICE SUPERANNUATION ACT 1990

5.Insertion of new section

4A.Putative spouses

6.Amendment of s. 32—Benefits payable on contributor's death

PART 4

AMENDMENT OF SOUTHERN STATE SUPERANNUATION ACT 1994

7.Insertion of new section

3A.Putative spouses

PART 5

AMENDMENT OF SUPERANNUATION ACT 1988

8.Insertion of new section

4A.Putative spouses

9.Amendment of s. 38—Death of contributor


The Parliament of South Australia enacts as follows:

PART 1

PRELIMINARY

Short title

1. This Act may be cited as the Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples) Act 2002.

Commencement

2. This Act will come into operation on a day to be fixed by proclamation.

Interpretation

3. A reference in this Act to the principal Act is a reference to the Act referred to in the heading to the Part in which the reference occurs.

PART 2

AMENDMENT OF PARLIAMENTARY SUPERANNUATION ACT 1984

Insertion of new section

4. The following section is inserted in Part 1 of the principal Act after section 7:

Putative spouses

7A. (1) For the purposes of this Act, two persons of the same sex were, on a certain date, the putative spouses one of the other if the District Court has made a declaration under this section that they were, on that date, cohabiting with each other in a relationship that has the distinguishing characteristics of a relationship between a married couple (except for the characteristics of different sex and legally recognised marriage and other characteristics arising from either of those characteristics) and that they—

(a)had so cohabited with each other continuously for the period of five years immediately preceding that date; or

(b)had during the period of six years immediately preceding that date so cohabited with each other for periods aggregating not less than five years.

(2) A person whose rights depend on whether—

(a)he or she and another person; or

(b)two other persons,

were, on a certain date, putative spouses one of the other may apply to the District Court for a declaration under this section.

(3) If it is proved to the satisfaction of the Court that the persons in relation to whom the declaration under this section is sought did, on the date in question, fulfil the requirements of subsection (1), the Court must make a declaration accordingly.


(4) A declaration may be made under this section—

(a)whether or not one or both of the persons in relation to whom the declaration is sought are, or have ever been, domiciled in this State; or

(b)despite the fact that one or both of them are dead.

(5) It must not be inferred from the fact that the Court has declared that two persons were putative spouses one of the other, on a certain date, that they were putative spouses as at any prior or subsequent date.

PART 3

AMENDMENT OF POLICE SUPERANNUATION ACT 1990

Insertion of new section

5. The following section is inserted in Part 1 of the principal Act after section 4:

Putative spouses

4A. (1) For the purposes of this Act, two persons of the same sex were, on a certain date, the putative spouses one of the other if the District Court has made a declaration under this section that they were, on that date, cohabiting with each other in a relationship that has the distinguishing characteristics of a relationship between a married couple (except for the characteristics of different sex and legally recognised marriage and other characteristics arising from either of those characteristics) and that they—

(a)had so cohabited with each other continuously for the period of five years immediately preceding that date; or

(b)had during the period of six years immediately preceding that date so cohabited with each other for periods aggregating not less than five years.

(2) A person whose rights depend on whether—

(a)he or she and another person; or

(b)two other persons,

were, on a certain date, putative spouses one of the other may apply to the District Court for a declaration under this section.

(3) If it is proved to the satisfaction of the Court that the persons in relation to whom the declaration under this section is sought did, on the date in question, fulfil the requirements of subsection (1), the Court must make a declaration accordingly.

(4) A declaration may be made under this section—

(a)whether or not one or both of the persons in relation to whom the declaration is sought are, or have ever been, domiciled in this State; or

(b)despite the fact that one or both of them are dead.


(5) It must not be inferred from the fact that the Court has declared that two persons were putative spouses one of the other, on a certain date, that they were putative spouses as at any prior or subsequent date.

Amendment of s. 32—Benefits payable on contributor's death

6. Section 32 of the principal Act is amended by striking out "the husband or wife de facto" (twice occurring) from paragraph (b) of subsection (1aa) and substituting, in each case, "the putative spouse".

PART 4

AMENDMENT OF SOUTHERN STATE SUPERANNUATION ACT 1994

Insertion of new section

7. The following section is inserted in Part 1 of the principal Act after section 3:

Putative spouses

3A. (1) For the purposes of this Act, two persons of the same sex were, on a certain date, the putative spouses one of the other if the District Court has made a declaration under this section that they were, on that date, cohabiting with each other in a relationship that has the distinguishing characteristics of a relationship between a married couple (except for the characteristics of different sex and legally recognised marriage and other characteristics arising from either of those characteristics) and that they—

(a)had so cohabited with each other continuously for the period of five years immediately preceding that date; or

(b)had during the period of six years immediately preceding that date so cohabited with each other for periods aggregating not less than five years.

(2) A person whose rights depend on whether—

(a)he or she and another person; or

(b)two other persons,

were, on a certain date, putative spouses one of the other may apply to the District Court for a declaration under this section.

(3) If it is proved to the satisfaction of the Court that the persons in relation to whom the declaration under this section is sought did, on the date in question, fulfil the requirements of subsection (1), the Court must make a declaration accordingly.

(4) A declaration may be made under this section—

(a)whether or not one or both of the persons in relation to whom the declaration is sought are, or have ever been, domiciled in this State; or

(b)despite the fact that one or both of them are dead.

(5) It must not be inferred from the fact that the Court has declared that two persons were putative spouses one of the other, on a certain date, that they were putative spouses as at any prior or subsequent date.

PART 5

AMENDMENT OF SUPERANNUATION ACT 1988

Insertion of new section

8. The following section is inserted in the principal Act after section 4:

Putative spouses

4A. (1) For the purposes of this Act, two persons of the same sex were, on a certain date, the putative spouses one of the other if the District Court has made a declaration under this section that they were, on that date, cohabiting with each other in a relationship that has the distinguishing characteristics of a relationship between a married couple (except for the characteristics of different sex and legally recognised marriage and other characteristics arising from either of those characteristics) and that they—

(a)had so cohabited with each other continuously for the period of five years immediately preceding that date; or

(b)had during the period of six years immediately preceding that date so cohabited with each other for periods aggregating not less than five years.

(2) A person whose rights depend on whether—

(a)he or she and another person; or

(b)two other persons,

were, on a certain date, putative spouses one of the other may apply to the District Court for a declaration under this section.

(3) If it is proved to the satisfaction of the Court that the persons in relation to whom the declaration under this section is sought did, on the date in question, fulfil the requirements of subsection (1), the Court must make a declaration accordingly.

(4) A declaration may be made under this section—

(a)whether or not one or both of the persons in relation to whom the declaration is sought are, or have ever been, domiciled in this State; or

(b)despite the fact that one or both of them are dead.

(5) It must not be inferred from the fact that the Court has declared that two persons were putative spouses one of the other, on a certain date, that they were putative spouses as at any prior or subsequent date.

Amendment of s. 38—Death of contributor

9. Section 38 of the principal Act is amended by striking out "the husband or wife de facto" (twice occurring) from paragraph (b) of subsection (1a) and substituting, in each case, "the putative spouse".

By Authority: J. D. Ferguson, Government Printer, South Australia

 


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