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Western Australia
Acts Amendment (Equality of Status) Bill 2002
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Anatomy Act 1930
3. Anatomy Act 1930 amended 3
4. Section 2 amended 3
5. Section 8 amended 4
6. Section 9 amended 4
7. Section 10 amended 4
8. Section 10A amended 4
9. Section 11 amended 4
10. Section 16 amended 4
Part 3 -- Anzac Day Act 1960
11. Anzac Day Act 1960 amended 5
12. Section 3 amended 5
13. Section 10 amended 5
Part 4 -- Bush Fires Act 1954
14. Bush Fires Act 1954 amended 6
15. Section 37 amended 6
Part 5 -- Commercial Tenancy (Retail
Shops) Agreements Act 1985
16. Commercial Tenancy (Retail Shops) Agreements
Act 1985 amended 7
17. Section 13A amended 7
page i
141--2
Acts Amendment (Equality of Status) Bill 2002
Contents
Part 6 -- Companies (Co-operative)
Act 1943
18. Companies (Co-operative) Act 1943 amended 8
19. Section 152 amended 8
20. Section 187 amended 8
21. Section 421 amended 9
Part 7 -- Construction Industry Portable
Paid Long Service Leave Act 1985
22. Construction Industry Portable Paid Long Service
Leave Act 1985 amended 10
23. Section 22 amended 10
Part 8 -- Co-operative and Provident
Societies Act 1903
24. Co-operative and Provident Societies Act 1903
amended 11
25. Section 18 amended 11
Part 9 -- Coroners Act 1996
26. Coroners Act 1996 amended 12
27. Section 37 amended 12
Part 10 -- Country Housing Act 1998
28. Country Housing Act 1998 amended 13
29. Section 3 amended 13
Part 11 -- Credit Act 1984
30. Credit Act 1984 amended 14
31. Section 5 amended 14
Part 12 -- The Criminal Code
32. The Criminal Code amended 15
33. Section 531 amended 15
34. Section 684 amended 15
page ii
Acts Amendment (Equality of Status) Bill 2002
Contents
Part 13 -- Criminal Injuries
Compensation Act 1985
35. Criminal Injuries Compensation Act 1985 amended 17
36. Section 3 amended 17
Part 14 -- Criminal Investigation
(Identifying People) Act 2002
37. Criminal Investigation (Identifying People) Act 2002
amended 19
38. Section 3 amended 19
Part 15 -- Criminal Property
Confiscation Act 2000
39. Criminal Property Confiscation Act 2000 amended 20
40. Section 22 amended 20
41. Section 82 amended 20
42. Glossary amended 20
Part 16 -- Curtin University of
Technology Act 1966
43. Curtin University of Technology Act 1966 amended 21
44. Section 34 amended 21
Part 17 -- District Court of Western
Australia Act 1969
45. District Court of Western Australia Act 1969 amended 22
46. Section 14 amended 22
Part 18 -- Electricity Corporation
Act 1994
47. Electricity Corporation Act 1994 amended 23
48. Schedule 2 amended 23
Part 19 -- Family Court Act 1997
49. Family Court Act amended 24
50. Section 5 amended and validation 24
51. Section 19 amended 24
52. Section 24 amended 25
page iii
Acts Amendment (Equality of Status) Bill 2002
Contents
Part 20 -- Fatal Accidents Act 1959
53. Fatal Accidents Act 1959 amended 26
54. Section 3 amended 26
55. Section 5 amended 26
56. Section 6 amended 26
57. Schedule 2 amended 27
Part 21 -- Firearms Act 1973
58. Firearms Act 1973 amended 28
59. Section 8 amended 28
Part 22 -- First Home Owner Grant
Act 2000
60. First Home Owner Grant Act 2000 amended 29
61. Section 3 amended 29
62. Section 7 amended 29
63. Section 11 amended 30
64. Section 12 amended 30
65. Section 65 amended 30
Part 23 -- Freedom of Information
Act 1992
66. Freedom of Information Act 1992 amended 31
67. Glossary amended 31
Part 24 -- Gold Corporation Act 1987
68. Gold Corporation Act 1987 amended 32
69. Schedule 1 amended 32
Part 25 -- Government Employees'
Housing Act 1964
70. Government Employees' Housing Act 1964 amended 33
71. Section 28 amended 33
Part 26 -- Health Act 1911
72. Health Act 1911 amended 34
73. Section 3 amended 34
74. Section 147 amended 34
75. Section 159 amended 34
page iv
Acts Amendment (Equality of Status) Bill 2002
Contents
76. Section 168 amended 35
77. Section 302 amended and consequential amendment 35
Part 27 -- Health Services (Conciliation
and Review) Act 1995
78. Health Services (Conciliation and Review) Act 1995
amended 36
79. Section 20 amended 36
Part 28 -- Hospital Fund Act 1930
80. Hospital Fund Act 1930 amended 37
81. Section 2 amended 37
82. Section 11 repealed 37
Part 29 -- Housing Act 1980
83. Housing Act 1980 amended 38
84. Section 5 amended 38
85. Section 31 amended 38
Part 30 -- Housing Loan Guarantee
Act 1957
86. Housing Loan Guarantee Act 1957 amended 39
87. Schedule amended 39
Part 31 -- Industrial Relations Act 1979
88. Industrial Relations Act 1979 amended 40
89. Section 20 amended 40
90. Section 97WY amended 40
Part 32 -- Inheritance (Family and
Dependants Provision) Act 1972
91. Inheritance (Family and Dependants Provision)
Act 1972 amended 41
92. Section 4 amended 41
Part 33 -- Judges' Salaries and
Pensions Act 1950
93. Judges' Salaries and Pensions Act 1950 amended 42
94. Section 2 amended 42
95. Section 7 amended 42
page v
Acts Amendment (Equality of Status) Bill 2002
Contents
96. Section 8A amended 43
97. Section 8B amended 43
98. Section 14 amended 44
99. Second Schedule amended 44
Part 34 -- Land Tax Assessment
Act 2002
100. Land Tax Assessment Act 2002 amended 48
101. Section 21 amended 48
Part 35 -- Life Assurance Companies
Act 1889
102. Life Assurance Companies Act 1889 amended 49
103. Section 70 amended 49
Part 36 -- Liquor Licensing Act 1988
104. Liquor Licensing Act 1988 amended 50
105. Section 3 amended 50
106. Section 125 amended 50
Part 37 -- Local Courts Act 1904
107. Local Courts Act 1904 amended 51
108. Section 126 amended 51
Part 38 -- Local Government Act 1995
109. Local Government Act 1995 amended 52
110. Section 5.62 amended 52
111. Section 5.63 amended 52
112. Section 5.64 repealed 52
113. Section 5.74 amended 52
114. Section 9.44 amended 53
Part 39 -- Married Women's Property
Act 1892 and related amendments
115. Married Women's Property Act 1892 and Married
Women's Property Act 1895 repealed 54
116. Law Reform (Miscellaneous Provisions) Act 1941
amended 54
117. Companies (Co-operative) Act 1943 amended 55
118. The Criminal Code amended 55
page vi
Acts Amendment (Equality of Status) Bill 2002
Contents
119. Hospitals and Health Services Act 1927 amended 55
120. Limitation Act 1935 amended 56
121. Local Courts Act 1904 amended 56
122. Motor Vehicle (Third Party Insurance) Act 1943
amended 56
123. Newspaper Libel and Registration Act 1884 amended 57
124. Parliament (Qualification of Women) Act 1920
repealed 57
125. Property Law Act 1969 amended and transitional
provision 57
126. Restraint of Debtors Act 1984 amended 58
127. Supreme Court Act 1935 amended 58
128. Town Allotments (Boundaries) Act 1844 amended 58
129. Transfer of Land Act 1893 amended 58
130. Trustee Ordinance 1854 amended 60
Part 40 -- Medical Act 1894
131. Medical Act 1894 amended 61
132. Section 21B amended 61
Part 41 -- Members of Parliament
(Financial Interests) Act 1992
133. Members of Parliament (Financial Interests) Act 1992
amended 62
134. Section 3 amended 62
Part 42 -- Mental Health Act 1996
135. Mental Health Act 1996 amended 63
136. Section 3 amended 63
137. Section 193 amended 63
138. Schedule 3 amended 63
Part 43 -- Mine Workers' Relief
Act 1932
139. Mine Workers' Relief Act 1932 amended 64
140. Schedule 2 amended 64
141. Schedule 3 amended 65
page vii
Acts Amendment (Equality of Status) Bill 2002
Contents
Part 44 -- Mine Workers' Relief
(Payments Authorisation) Act 1940
142. The Mine Workers' Relief (Payments Authorisation)
Act 1940 repealed 68
Part 45 -- Minimum Conditions of
Employment Act 1993
143. Minimum Conditions of Employment Act 1993
amended 69
144. Section 3 amended 69
145. Section 20A amended 69
146. Section 27 amended 69
147. Section 32 amended 69
148. Section 33 amended 70
149. Section 34 amended 70
150. References to "de facto partner" inserted 70
Part 46 -- Mining Act 1978
151. Mining Act 1978 amended 71
152. Section 8 amended 71
Part 47 -- The Partnership Act 1895
153. The Partnership Act 1895 amended 72
154. Section 8 amended 72
Part 48 -- Police Act 1892
155. Police Act 1892 amended 73
156. Section 27 repealed 73
157. Section 66 amended 73
158. Section 138 amended 73
Part 49 -- Property Law Act 1969
159. Property Law Act 1969 amended 74
160. Section 31A amended 74
161. Section 102 amended 74
162. Section 105 amended 74
163. Section 108 amended 74
164. Section 115 amended 75
page viii
Acts Amendment (Equality of Status) Bill 2002
Contents
Part 50 -- Rates and Charges (Rebates
and Deferments) Act 1992
165. Rates and Charges (Rebates and Deferments)
Act 1992 amended 76
166. Section 3 amended 76
167. Section 4 repealed 76
168. Section 27 amended 76
169. Section 28 amended 77
170. Section 31 amended 77
171. Section 43 amended 77
172. Section 44 amended 77
173. Section 45 amended 77
Part 51 -- Real Estate and Business
Agents Act 1978
174. Real Estate and Business Agents Act 1978 amended 78
175. Section 72 amended 78
176. Section 117(5) amended 78
177. The Schedule amended 78
Part 52 -- Retirement Villages Act 1992
178. Retirement Villages Act 1992 amended 80
179. Section 3 amended 80
Part 53 -- Settlement Agents Act 1981
180. Settlement Agents Act 1981 amended 81
181. Section 53 amended 81
182. Section 95(5) amended 81
183. Schedule 1 amended 81
Part 54 -- Solicitor-General Act 1969
184. Solicitor-General Act 1969 amended 83
185. Section 11 amended 83
Part 55 -- Stamp Act 1921
186. Stamp Act 1921 amended 84
187. Section 4 amended 84
188. Section 63AB amended 85
189. Section 75AB amended 85
190. Section 75C amended 86
page ix
Acts Amendment (Equality of Status) Bill 2002
Contents
191. Section 75D amended 86
192. Section 76 amended 87
193. Section 112Q amended 88
Part 56 -- Strata Titles Act 1985
194. Strata Titles Act 1985 amended 89
195. Section 6A amended 89
196. Section 50A amended 89
Part 57 -- Supreme Court Act 1935
197. Supreme Court Act 1935 amended 90
198. Section 11B amended 90
199. Section 118 amended 90
200. Section 141 amended 90
Part 58 -- Trustees Act 1962
201. Trustees Act 1962 amended 91
202. Section 61 amended 91
Part 59 -- Water Corporation Act 1995
203. Water Corporation Act 1995 amended 92
204. Schedule 2 amended 92
Part 60 -- Western Australian Aged
Sailors, Soldiers and Airmen's
Relief Fund Act 1932
205. Western Australian Aged Sailors, Soldiers and
Airmen's Relief Fund Act 1932 amended 93
206. Section 5 amended 93
Part 61 -- Western Australian Land
Authority Act 1992
207. Western Australian Land Authority Act 1992 amended 94
208. Schedule 1 amended 94
Part 62 -- Wills Act 1970
209. Wills Act 1970 amended 95
210. Section 12 amended 95
211. Section 13 repealed and application provision 95
212. Section 31 amended 95
page x
Acts Amendment (Equality of Status) Bill 2002
Contents
Part 63 -- Workers' Compensation and
Rehabilitation Act 1981
213. Workers' Compensation and Rehabilitation Act 1981
amended 97
214. Section 5 amended 97
215. Schedule 1 amended 98
216. Schedule 5 amended 99
Part 64 -- Power to amend certain
regulations and rules
217. Power to amend certain regulations and rules 101
page xi
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Acts Amendment (Equality of Status) Bill 2002
A Bill for
An Act to --
• amend various Acts in order to provide for the further reform of
the law relating to de facto relationships; and
• repeal the Married Women's Property Act 1892 and amend
various Acts as a consequence of that repeal,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Acts Amendment (Equality of Status) Bill 2002
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Acts Amendment (Equality of
Status) Act 2002.
5 2. Commencement
(1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
page 2
Acts Amendment (Equality of Status) Bill 2002
Anatomy Act 1930 Part 2
s. 3
Part 2 -- Anatomy Act 1930
3. Anatomy Act 1930 amended
The amendments in this Part are to the Anatomy Act 1930*.
[* Reprinted as at 22 February 2002.]
5 4. Section 2 amended
Section 2 is amended after the definition of "practice licence"
by deleting the full stop and inserting instead a semicolon and
the following definition --
"
10 "senior next of kin", in relation to a deceased person,
means the first person who is available from the
following persons in the order of priority listed --
(a) a person who, immediately before the death,
was living with the person and was either --
15 (i) the spouse of the person; or
(ii) a de facto partner, who is of or over the
age of 18 years, of the person;
(b) a person who, immediately before the death,
was the spouse of the person;
20 (c) a son or a daughter, who is of or over the age
of 18 years, of the person;
(d) a parent of the person;
(e) a brother or sister, who is of or over the age
of 18 years, of the person; or
25 (f) an executor named in the will of the person
or a person who, immediately before the
death, was a personal representative of the
person.
".
page 3
Acts Amendment (Equality of Status) Bill 2002
Part 2 Anatomy Act 1930
s. 5
5. Section 8 amended
Section 8 is amended by deleting "surviving husband or wife or
any known relative" and inserting instead --
" senior next of kin ".
5 6. Section 9 amended
Section 9 is amended by deleting "surviving husband or wife or
any known relative" and inserting instead --
" senior next of kin ".
7. Section 10 amended
10 Section 10 is amended by deleting "deceased person's surviving
husband or wife or nearest known relative, or any one or more
of such person's nearest known relatives being of kin in the
same degree," and inserting instead --
" senior next of kin of the deceased person ".
15 8. Section 10A amended
Section 10A(1) is amended by deleting "any surviving husband
or wife or any known relative" and inserting instead --
" the senior next of kin ".
9. Section 11 amended
20 Section 11 is amended by deleting "any surviving husband or
wife, or any relative known to the authority," and inserting
instead --
" the senior next of kin ".
10. Section 16 amended
25 Section 16 is amended by deleting "any surviving husband or
wife or any known relative" and inserting instead --
" the senior next of kin ".
page 4
Acts Amendment (Equality of Status) Bill 2002
Anzac Day Act 1960 Part 3
s. 11
Part 3 -- Anzac Day Act 1960
11. Anzac Day Act 1960 amended
The amendments in this Part are to the Anzac Day Act 1960*.
[* Reprinted as at 24 May 2002.]
5 12. Section 3 amended
Section 3 is amended by inserting in the appropriate
alphabetical position the following definition --
"
"dependant", in relation to a deceased person,
10 includes a person who, immediately before the
death of the person, was a spouse, de facto partner
or child of the person;
".
13. Section 10 amended
15 Section 10(3) is amended by deleting "widows and children of
deceased ex-servicemen" and inserting instead --
"
dependants of deceased ex-servicemen or deceased
ex-servicewomen
20 ".
page 5
Acts Amendment (Equality of Status) Bill 2002
Part 4 Bush Fires Act 1954
s. 14
Part 4 -- Bush Fires Act 1954
14. Bush Fires Act 1954 amended
The amendments in this Part are to the Bush Fires Act 1954*.
[* Reprinted as at 20 January 1997.
5 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 41.]
15. Section 37 amended
(1) Section 37(8)(a) is amended after paragraph (a) by deleting "or"
and inserting --
10 "
(aa) to a person who was living in a de facto
relationship with the volunteer fire fighter
immediately before the death of the fire fighter
and lived on that basis with the fire fighter for
15 at least 2 years before the death of the fire
fighter irrespective of dependency upon the fire
fighter; or
".
(2) After section 37(8) the following subsection is inserted --
20 "
(8a) If the amount referred to in subsection (2) and the
additional amount referred to in subsection (5) are
payable to more than one person then those amounts
are to be apportioned between those persons in
25 accordance with the regulations.
".
page 6
Acts Amendment (Equality of Status) Bill 2002
Commercial Tenancy (Retail Shops) Agreements Act 1985 Part 5
s. 16
Part 5 -- Commercial Tenancy (Retail Shops)
Agreements Act 1985
16. Commercial Tenancy (Retail Shops) Agreements Act 1985
amended
5 The amendments in this Part are to the Commercial Tenancy
(Retail Shops) Agreements Act 1985*.
[* Reprinted as at 21 July 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 56.]
10 17. Section 13A amended
Section 13A(4) is amended as follows:
(a) in paragraph (a) by inserting after "spouse" --
" or de facto partner ";
(b) in paragraph (c)(iv) by inserting after "spouse" --
15 " or de facto partner ".
page 7
Acts Amendment (Equality of Status) Bill 2002
Part 6 Companies (Co-operative) Act 1943
s. 18
Part 6 -- Companies (Co-operative) Act 1943
18. Companies (Co-operative) Act 1943 amended
The amendments in this Part are to the Companies
(Co-operative) Act 1943*.
5 [* Reprinted as at 14 January 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 60 and Gazette 28 June 2002
p. 3052-4.]
19. Section 152 amended
10 Section 152(2)(b) is amended by inserting after "husband" --
" , de facto partner ".
20. Section 187 amended
Section 187(3) is amended as follows:
(a) by deleting "husband of a female contributory is
15 himself " and inserting instead --
"
spouse or de facto partner of a contributory is himself
or herself
";
20 (b) by deleting "wife" in the first place where it occurs and
inserting instead --
" spouse or de facto partner ";
(c) by deleting "wife or for the husband" and inserting
instead --
25 " person or the person's spouse or de facto partner ";
(d) by deleting "husband" and inserting instead --
" person ".
page 8
Acts Amendment (Equality of Status) Bill 2002
Companies (Co-operative) Act 1943 Part 6
s. 21
21. Section 421 amended
Section 421(2) is amended in the definition of "employee" by
inserting after "wife" --
" , husband, de facto partner ".
page 9
Acts Amendment (Equality of Status) Bill 2002
Part 7 Construction Industry Portable Paid Long Service Leave Act
1985
s. 22
Part 7 -- Construction Industry Portable Paid Long
Service Leave Act 1985
22. Construction Industry Portable Paid Long Service Leave
Act 1985 amended
5 The amendments in this Part are to the Construction Industry
Portable Paid Long Service Leave Act 1985*.
[* Reprinted as at 5 March 1999.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 73.]
10 23. Section 22 amended
Section 22(2) is amended as follows:
(a) by deleting "the widow or widower of the employee, or
such other person as the Board thinks fit, is entitled,";
(b) by deleting "to a lump sum" and inserting instead --
15 " a lump sum ";
(c) by deleting "years." and inserting instead --
"
years,
shall be paid, as the Board thinks fit, to --
20 (c) any person who was the spouse or de facto
partner of the employee immediately before the
death of the employee and who, in the opinion
of the Board, was financially dependent on that
employee at that time; or
25 (d) the estate of the deceased employee.
".
page 10
Acts Amendment (Equality of Status) Bill 2002
Co-operative and Provident Societies Act 1903 Part 8
s. 24
Part 8 -- Co-operative and Provident Societies Act 1903
24. Co-operative and Provident Societies Act 1903 amended
The amendments in this Part are to the Co-operative and
Provident Societies Act 1903*.
5 [* Reprinted as at 7 September 2001.]
25. Section 18 amended
Section 18(1) is amended by deleting "father, mother" and
inserting instead --
" de facto partner, parent ".
page 11
Acts Amendment (Equality of Status) Bill 2002
Part 9 Coroners Act 1996
s. 26
Part 9 -- Coroners Act 1996
26. Coroners Act 1996 amended
The amendments in this Part are to the Coroners Act 1996*.
[* Reprinted as at 3 August 2001.
5 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 77.]
27. Section 37 amended
Section 37(5)(a) and (b) are deleted and the following
paragraphs are inserted instead --
10 "
(a) a person who, immediately before the death,
was living as --
(i) the spouse of the person; or
(ii) a de facto partner of the person, and
15 who is of or over the age of 18 years;
(b) a person who, immediately before the death,
was the spouse of the person;
".
page 12
Acts Amendment (Equality of Status) Bill 2002
Country Housing Act 1998 Part 10
s. 28
Part 10 -- Country Housing Act 1998
28. Country Housing Act 1998 amended
The amendments in this Part are to the Country Housing
Act 1998*.
5 [* Act No. 4 of 1998.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 81.]
29. Section 3 amended
Section 3 is amended in the definition of "family member" by
10 deleting "de facto spouse" and inserting instead --
" de facto partner ".
page 13
Acts Amendment (Equality of Status) Bill 2002
Part 11 Credit Act 1984
s. 30
Part 11 -- Credit Act 1984
30. Credit Act 1984 amended
The amendments in this Part are to the Credit Act 1984*.
[* Reprinted as at 6 April 2001.
5 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 83.]
31. Section 5 amended
Section 5(1) is amended as follows:
(a) in paragraph (a) of the definition of "commission
10 charge" by inserting after "spouse" --
" or de facto partner ";
(b) in paragraph (a) of the definition of "guarantor" by
inserting after "spouse" in both places where it
occurs --
15 " or de facto partner ".
page 14
Acts Amendment (Equality of Status) Bill 2002
The Criminal Code Part 12
s. 32
Part 12 -- The Criminal Code
32. The Criminal Code amended
The amendments in this Part are to The Criminal Code*.
[* Reprinted as at 9 February 2001 as the Schedule to the
5 Criminal Code Act 1913 appearing as Appendix B to the
Criminal Code Compilation Act 1913.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 89 and Acts Nos. 3, 6 and 8 of
2002.]
10 33. Section 531 amended
(1) Section 531(1) is amended by inserting after "wife," --
" de facto partner, ".
(2) Section 531(2) is amended by inserting after "wife," --
" de facto partner, ".
15 34. Section 684 amended
(1) Section 684(2) is amended by deleting "his" and inserting
instead --
" the prisoner's ".
(2) Section 684(3)(b) is amended as follows:
20 (a) by deleting "wife" in both places where it occurs and
inserting instead --
" spouse, de facto partner ";
(b) by deleting "him for support or for the benefit of the
prisoner himself if and while he" and inserting
25 instead --
"
the prisoner for support, or for the benefit of the
prisoner if and while the prisoner
".
page 15
Acts Amendment (Equality of Status) Bill 2002
Part 12 The Criminal Code
s. 34
(3) Section 684(5) is amended by deleting "he" and inserting
instead --
" the prisoner ".
(4) Section 684(7) is amended by deleting "he" in both places
5 where it occurs and inserting instead --
" the prisoner ".
page 16
Acts Amendment (Equality of Status) Bill 2002
Criminal Injuries Compensation Act 1985 Part 13
s. 35
Part 13 -- Criminal Injuries Compensation Act 1985
35. Criminal Injuries Compensation Act 1985 amended
The amendments in this Part are to the Criminal Injuries
Compensation Act 1985*.
5 [* Reprinted as at 12 February 1997.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 90.]
36. Section 3 amended
(1) Section 3(1) is amended in the definition of "close relative" as
10 follows:
(a) by deleting paragraph (b) and inserting instead --
"
(b) any person who was the parent, grandparent
or step-parent of the deceased;
15 ";
(b) by deleting paragraph (d) and inserting instead --
"
(d) a person who, immediately before the death,
was living in a de facto relationship with the
20 deceased person and had been living on that
basis with that person for at least the
previous 2 years;
".
(2) Section 3(2)(b) is amended by deleting "mother and reputed
25 father" and inserting instead --
" parents ".
(3) Section 3(3) is amended as follows:
(a) by deleting "father" in each place where it occurs and
inserting instead --
30 " parent ";
page 17
Acts Amendment (Equality of Status) Bill 2002
Part 13 Criminal Injuries Compensation Act 1985
s. 36
(b) by inserting after "his" in the first place where it
occurs --
" or her ";
(c) by deleting "his" in the second place where it occurs and
5 inserting instead --
" the parent's ";
(d) by deleting "paternity" in both places where it occurs
and inserting instead --
" parentage ".
10 (4) After section 3(3) the following subsection is inserted --
"
(3a) Subsection (3) does not apply to or in respect of a
relationship established by the Artificial Conception
Act 1985.
15 ".
page 18
Acts Amendment (Equality of Status) Bill 2002
Criminal Investigation (Identifying People) Act 2002 Part 14
s. 37
Part 14 -- Criminal Investigation (Identifying People)
Act 2002
37. Criminal Investigation (Identifying People) Act 2002
amended
5 The amendment in this Part is to the Criminal Investigation
(Identifying People) Act 2002*.
[* Act No. 6 of 2002.]
38. Section 3 amended
Section 3(1) is amended in paragraph (a) of the second
10 definition of "responsible person" by inserting after "spouse" --
" or de facto partner ".
page 19
Acts Amendment (Equality of Status) Bill 2002
Part 15 Criminal Property Confiscation Act 2000
s. 39
Part 15 -- Criminal Property Confiscation Act 2000
39. Criminal Property Confiscation Act 2000 amended
The amendments in this Part are to the Criminal Property
Confiscation Act 2000*.
5 [* Act No. 68 of 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 91.]
40. Section 22 amended
Section 22(2)(b) is amended by inserting after "spouse" --
10 " , a de facto partner ".
41. Section 82 amended
Section 82(3)(a) is amended by inserting after "spouse" --
" , a de facto partner ".
42. Glossary amended
15 The Glossary is amended as follows:
(a) by deleting the definition of "spouse";
(b) in the definition of "valuable consideration" by deleting
"legal or de facto spouse" in both places where it occurs
and inserting instead the following --
20 " spouse or de facto partner ".
page 20
Acts Amendment (Equality of Status) Bill 2002
Curtin University of Technology Act 1966 Part 16
s. 43
Part 16 -- Curtin University of Technology Act 1966
43. Curtin University of Technology Act 1966 amended
The amendments in this Part are to the Curtin University of
Technology Act 1966*.
5 [* Reprinted as at 28 July 1999.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 93.]
44. Section 34 amended
Section 34(1b)(b) is amended as follows:
10 (a) by deleting subparagraph (ii);
(b) in subparagraph (iv) by deleting "his estate, unless he is
survived by a widow legally dependent on him, or other
person legally so dependent who is approved by the
Council for the purpose;" and inserting instead --
15 " that person's estate; ".
page 21
Acts Amendment (Equality of Status) Bill 2002
Part 17 District Court of Western Australia Act 1969
s. 45
Part 17 -- District Court of Western Australia Act 1969
45. District Court of Western Australia Act 1969 amended
The amendments in this Part are to the District Court of Western
Australia Act 1969*.
5 [* Reprinted as at 19 January 2001.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 103.]
46. Section 14 amended
Section 14(1) is amended as follows:
10 (a) by deleting "his widow and children after his" and
inserting instead --
"
a surviving spouse, de facto partner or child of a
District Court Judge after the Judges'
15 ";
(b) by deleting "his widow and children" and inserting
instead --
"
a surviving spouse, de facto partner or child of a
20 Supreme Court Judge
".
page 22
Acts Amendment (Equality of Status) Bill 2002
Electricity Corporation Act 1994 Part 18
s. 47
Part 18 -- Electricity Corporation Act 1994
47. Electricity Corporation Act 1994 amended
The amendments in this Part are to the Electricity Corporation
Act 1994*.
5 [* Reprinted as at 4 January 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 113 and Act No. 20 of 2002.]
48. Schedule 2 amended
Schedule 2 clause 14(1) is amended as follows:
10 (a) in paragraph (a) --
(i) by inserting after "spouse" in the first place
where it occurs --
" or de facto partner "; and
(ii) by inserting after "spouse" in the second place
15 where it occurs --
" or de facto partner of a director ";
(b) in paragraph (b) --
(i) by inserting after "spouse" in the first place
where it occurs --
20 " or de facto partner "; and
(ii) by inserting after "spouse" in the second place
where it occurs --
" or de facto partner of a director ".
page 23
Acts Amendment (Equality of Status) Bill 2002
Part 19 Family Court Act 1997
s. 49
Part 19 -- Family Court Act 1997
49. Family Court Act amended
The amendments in this Part are to the Family Court Act 1997*.
[* Act No. 40 of 1997.
5 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 124 and Act No. 3 of 2002.]
50. Section 5 amended and validation
(1) Section 5 is amended by deleting the definition of "de facto
relationship".
10 (2) In subsection (3) --
"relevant action" means anything done under the Family Court
Act 1997 --
(a) after the commencement of the Family Court
Amendment Act 2002; but
15 (b) before the commencement of this section.
(3) It is declared that by force of this section --
(a) any relevant action is and has always been as valid and
effective as it would have been; and
(b) the rights and liabilities of all persons are and have
20 always been the same as they would have been,
if subsection (1) had come into operation on the day on which
the Family Court Amendment Act 2002 came into operation.
51. Section 19 amended
Section 19 is amended as follows:
25 (a) in paragraph (b) by deleting "widow or widower and"
and inserting instead --
" surviving spouse, de facto partner or ";
page 24
Acts Amendment (Equality of Status) Bill 2002
Family Court Act 1997 Part 19
s. 52
(b) by deleting "widow or widower and" and inserting
instead --
" surviving spouse, de facto partner or ".
52. Section 24 amended
5 Section 24(b) is amended by deleting "widow or widower and"
in each place where it occurs and inserting instead --
" surviving spouse, de facto partner or ".
page 25
Acts Amendment (Equality of Status) Bill 2002
Part 20 Fatal Accidents Act 1959
s. 53
Part 20 -- Fatal Accidents Act 1959
53. Fatal Accidents Act 1959 amended
The amendments in this Part are to the Fatal Accidents
Act 1959*.
5 [* Reprinted as approved 13 April 1976.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 125.]
54. Section 3 amended
Section 3(2)(b) is amended by deleting "mother and reputed
10 father" and inserting instead --
" parents ".
55. Section 5 amended
Section 5(2)(c)(v) is amended by deleting "pensions to
widows;" and inserting instead --
15 "
a pension to the spouse or a de facto
partner of the deceased,
".
56. Section 6 amended
20 (1) Section 6(3) is amended as follows:
(a) by deleting "father" in each place where it occurs and
inserting instead --
" parent ";
(b) by deleting "paternity" in both places where it occurs
25 and inserting instead --
" parentage ";
(c) by inserting after "his" in both places where it occurs --
" or her ".
page 26
Acts Amendment (Equality of Status) Bill 2002
Fatal Accidents Act 1959 Part 20
s. 57
(2) After section 6(3) the following subsection is inserted --
"
(3a) Subsection (3) does not apply to or in respect of a
relationship established by the Artificial Conception
5 Act 1985.
".
57. Schedule 2 amended
Schedule 2 is amended as follows:
(a) by deleting paragraph (a) and inserting instead --
10 "
(a) a person who immediately before the deceased's
death was --
(i) the spouse of the deceased; or
(ii) a de facto partner of the deceased who was
15 living in a de facto relationship with the
deceased and had been living on that basis
with the deceased for at least 2 years
immediately before the deceased died;
";
20 (b) in paragraph (b) by deleting "father, mother,
grandfather, grandmother, stepfather or stepmother" and
inserting instead --
" parent, grandparent or step parent ";
(c) by deleting paragraphs (g) and (h) and inserting
25 instead --
"
and
(g) any person who was a former spouse or former
de facto partner of the deceased person whom the
30 deceased was legally obliged, immediately before
his or her death, to make provision for with respect
to financial matters.
".
page 27
Acts Amendment (Equality of Status) Bill 2002
Part 21 Firearms Act 1973
s. 58
Part 21 -- Firearms Act 1973
58. Firearms Act 1973 amended
The amendments in this Part are to the Firearms Act 1973*.
[* Reprinted as at 11 August 2000.
5 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 139.]
59. Section 8 amended
Section 8(2) is amended in paragraphs (a), (b) and (c) of the
definition of "family member" by deleting "de facto spouse" in
10 each place where it occurs and inserting instead --
" de facto partner ".
page 28
Acts Amendment (Equality of Status) Bill 2002
First Home Owner Grant Act 2000 Part 22
s. 60
Part 22 -- First Home Owner Grant Act 2000
60. First Home Owner Grant Act 2000 amended
The amendments in this Part are to the First Home Owner Grant
Act 2000*.
5 [* Act No. 16 of 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 139.]
61. Section 3 amended
Section 3(1) is amended as follows:
10 (a) by inserting in the appropriate alphabetical position the
following definition --
"
"de facto partner", in relation to an applicant for a
first home owner grant, means a person who, on
15 the commencement date of the eligible transaction
to which the application relates, is living in a
de facto relationship with the applicant and has
lived on that basis with the applicant for at least
2 years;
20 ";
(b) in the definition of "spouse" by deleting "given" and
inserting instead --
" affected ".
62. Section 7 amended
25 (1) Section 7(1) is repealed and the following section is inserted
instead --
"
(1) A person is the "spouse" of an applicant for a first
home owner grant if, on the commencement date of the
30 eligible transaction to which the application relates, the
person is married to the applicant.
".
page 29
Acts Amendment (Equality of Status) Bill 2002
Part 22 First Home Owner Grant Act 2000
s. 63
(2) Section 7(2) is amended by deleting "legally" in each place
where it occurs.
63. Section 11 amended
Section 11(1)(a) is amended by inserting after "spouse" --
5 " or de facto partner ".
64. Section 12 amended
(1) Section 12(1) is amended by inserting after "spouse" --
" or de facto partner ".
(2) Section 12(3) is amended by inserting after "spouse" --
10 " or de facto partner ".
65. Section 65 amended
Section 65(7) is amended in the definition of "confidential
information" by inserting after "spouse" --
" or de facto partner ".
page 30
Acts Amendment (Equality of Status) Bill 2002
Freedom of Information Act 1992 Part 23
s. 66
Part 23 -- Freedom of Information Act 1992
66. Freedom of Information Act 1992 amended
The amendment in this Part is to the Freedom of Information
Act 1992*.
5 [* Reprinted as at 3 March 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 144 and Act No. 21 of 2002.]
67. Glossary amended
The Glossary is amended in clause 1 by inserting in the
10 appropriate alphabetical position --
"
"relative", in relation to a person, includes a de facto
partner of a person;
".
page 31
Acts Amendment (Equality of Status) Bill 2002
Part 24 Gold Corporation Act 1987
s. 68
Part 24 -- Gold Corporation Act 1987
68. Gold Corporation Act 1987 amended
The amendments in this Part are to the Gold Corporation
Act 1987*.
5 [* Reprinted as at 2 January 2001.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 150.]
69. Schedule 1 amended
Schedule 1 clause 5 is amended as follows:
10 (a) in subclause (1) by deleting "spouse" and inserting
instead --
" spouse or de facto partner ";
(b) by deleting subclause (2).
page 32
Acts Amendment (Equality of Status) Bill 2002
Government Employees' Housing Act 1964 Part 25
s. 70
Part 25 -- Government Employees' Housing Act 1964
70. Government Employees' Housing Act 1964 amended
The amendment in this Part is to the Government Employees'
Housing Act 1964*.
5 [* Reprinted as at 8 December 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 151.]
71. Section 28 amended
Section 28(1)(d) is amended by inserting after "spouse" --
10 " or de facto partner ".
page 33
Acts Amendment (Equality of Status) Bill 2002
Part 26 Health Act 1911
s. 72
Part 26 -- Health Act 1911
72. Health Act 1911 amended
The amendments in this Part are to the Health Act 1911*.
[* Reprinted as at 31 March 2000.
5 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 163.]
73. Section 3 amended
Section 3(1) is amended by inserting in the appropriate
alphabetical position the following definition --
10 "
"relative", in relation to a person, includes a de facto
partner of the person;
".
74. Section 147 amended
15 Section 147(2) is amended as follows:
(a) by deleting "his widow or any member of his" and
inserting instead --
"
the widow or widower of the person, a person who was
20 a de facto partner of the person immediately before the
death of the person, or any member of the person's
";
(b) by deleting "his death" and inserting instead --
" the person's death ".
25 75. Section 159 amended
Section 159 is amended by deleting "wife or husband" and
inserting instead --
" spouse or de facto partner ".
page 34
Acts Amendment (Equality of Status) Bill 2002
Health Act 1911 Part 26
s. 76
76. Section 168 amended
Section 168(2) is amended in paragraph (a) in the second
proviso by deleting "widow, husband" and inserting instead --
" spouse, de facto partner ".
5 77. Section 302 amended and consequential amendment
(1) Section 302(1) is amended by deleting "and by such notice warn
the patient against contracting any marriage until he is certified
as cured,".
(2) Section 302(2) and (3) are repealed.
10 (3) Schedule 5 is amended under the heading "Part II" by deleting
"302(3),".
page 35
Acts Amendment (Equality of Status) Bill 2002
Part 27 Health Services (Conciliation and Review) Act 1995
s. 78
Part 27 -- Health Services (Conciliation and Review)
Act 1995
78. Health Services (Conciliation and Review) Act 1995 amended
The amendment in this Part is to the Health Services
5 (Conciliation and Review) Act 1995*.
[* Reprinted as at 1 June 2001.]
79. Section 20 amended
After section 20(3) the following subsection is inserted --
"
10 (4) In subsection (3) --
"relative", in relation to a user, includes a de facto
partner of the user.
".
page 36
Acts Amendment (Equality of Status) Bill 2002
Hospital Fund Act 1930 Part 28
s. 80
Part 28 -- Hospital Fund Act 1930
80. Hospital Fund Act 1930 amended
The amendments in this Part are to the Hospital Fund
Act 1930*.
5 [* Reprint in Appendix to Session Volume 1937-1938.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 167.]
81. Section 2 amended
Section 2 is amended in the definition of "Dependant" by
10 deleting "wife" and inserting instead --
" spouse, de facto partner ".
82. Section 11 repealed
Section 11 is repealed.
page 37
Acts Amendment (Equality of Status) Bill 2002
Part 29 Housing Act 1980
s. 83
Part 29 -- Housing Act 1980
83. Housing Act 1980 amended
The amendments in this Part are to the Housing Act 1980*.
[* Reprinted as at 27 May 1999.
5 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 169.]
84. Section 5 amended
(1) Section 5(1)(a) is amended by deleting the definition of
"spouse".
10 (2) Section 5(1)(c) is amended by inserting after "spouse" --
" , de facto partner ".
85. Section 31 amended
Section 31(1) is amended by deleting "or deceased spouse" in
both places where it occurs and inserting instead --
15 "
, de facto partner or deceased spouse or deceased
de facto partner
".
page 38
Acts Amendment (Equality of Status) Bill 2002
Housing Loan Guarantee Act 1957 Part 30
s. 86
Part 30 -- Housing Loan Guarantee Act 1957
86. Housing Loan Guarantee Act 1957 amended
The amendments in this Part are to the Housing Loan
Guarantee Act 1957*.
5 [* Reprinted as at 4 February 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 171.]
87. Schedule amended
The Schedule is amended in each clause referred to in the Table
10 to this section by inserting after "spouse" --
" , or de facto partner, ".
Table
cl. 1(1)(a), 2(1)(a), (6)(b) and (c) and 3(1)(a)
page 39
Acts Amendment (Equality of Status) Bill 2002
Part 31 Industrial Relations Act 1979
s. 88
Part 31 -- Industrial Relations Act 1979
88. Industrial Relations Act 1979 amended
The amendments in this Part are to the Industrial Relations
Act 1979*.
5 [* Reprinted as at 4 February 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 177 and Act No. 20 of 2002.]
89. Section 20 amended
Section 20(12) is amended by deleting "the widow or widower
10 and children" in both places where it occurs and inserting
instead --
" a surviving spouse, de facto partner or child ".
90. Section 97WY amended
Section 97WY(1)(a) is amended by deleting "of the person with
15 a mental disability" and inserting instead --
"
, or de facto partner, of the person with a
mental disability and has reached 18 years
of age
20 ".
page 40
Acts Amendment (Equality of Status) Bill 2002
Inheritance (Family and Dependants Provision) Act 1972 Part 32
s. 91
Part 32 -- Inheritance (Family and Dependants
Provision) Act 1972
91. Inheritance (Family and Dependants Provision) Act 1972
amended
5 The amendment in this Part is to the Inheritance (Family and
Dependants Provision) Act 1972*.
[* Act No. 57 of 1972.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 178 and Act No. 3 of 2002.]
10 92. Section 4 amended
After section 4(4) the following subsection is inserted --
"
(4a) Subsection (4) does not apply to or in relation to a
relationship established by the Artificial Conception
15 Act 1985.
".
page 41
Acts Amendment (Equality of Status) Bill 2002
Part 33 Judges' Salaries and Pensions Act 1950
s. 93
Part 33 -- Judges' Salaries and Pensions Act 1950
93. Judges' Salaries and Pensions Act 1950 amended
The amendments in this Part are to the Judges' Salaries and
Pensions Act 1950*.
5 [* Reprinted as at 3 March 1994.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 187.]
94. Section 2 amended
Section 2(1) is amended by deleting the definition of
10 "Schedule" and inserting the following definition instead --
"
"spouse or de facto partner", in relation to a Judge or
former Judge who has died means --
(a) the widow or widower of the Judge or
15 former Judge; or
(b) a person who, at the time of the death of the
Judge or former Judge, was a de facto
partner of the Judge or former Judge.
".
20 95. Section 7 amended
(1) Section 7(1) is repealed and the following subsection is inserted
instead --
"
(1) The Second Schedule sets out the pensions and
25 allowances payable under this Act to and in respect of
spouses, de facto partners and children of Judges and
retired Judges.
".
page 42
Acts Amendment (Equality of Status) Bill 2002
Judges' Salaries and Pensions Act 1950 Part 33
s. 96
(2) Section 7(3) is repealed and the following subsection is inserted
instead --
"
(3) A pension is not payable under this Act to a de facto
5 partner of a Judge or former Judge who died before the
commencement of this subsection.
".
96. Section 8A amended
Section 8A is amended as follows:
10 (a) by deleting "widow" in the first place where it occurs
and inserting instead --
" spouse or de facto partner ";
(b) by deleting paragraph (a) and inserting instead --
"
15 (a) a pension under this Act as the spouse or
de facto partner of a Judge or retired Judge;
";
(c) in paragraph (b) by deleting "her being a widow of a
deceased" and inserting instead --
20 " being the spouse or de facto partner of a ".
97. Section 8B amended
(1) Section 8B(5) is repealed.
(2) Section 8B(6) is amended as follows:
(a) in paragraph (a) by deleting "his widow or in respect of
25 any eligible child of his" and inserting instead --
"
the spouse or de facto partner of such a Judge
or in respect of any eligible child of such a
Judge
30 ";
page 43
Acts Amendment (Equality of Status) Bill 2002
Part 33 Judges' Salaries and Pensions Act 1950
s. 98
(b) in paragraph (b) by deleting "widow or in respect of any
eligible child of a Judge who dies prior to his
retirement" and inserting instead --
"
5 spouse or de facto partner, or in respect of any
eligible child, of a Judge who dies prior to
retiring
".
98. Section 14 amended
10 Section 14 is amended by deleting "widow and" and inserting
instead --
" spouse, de facto partner or ".
99. Second Schedule amended
(1) Part 1 of the Second Schedule is repealed and the following Part
15 is inserted instead --
"
Part 1 -- Pensions for spouses and de facto partners
1. Pension on death of Judge in office
If a Judge dies and is survived by a spouse or de facto
20 partner, the spouse or de facto partner is entitled to a
pension of an amount equal to --
(a) if the Judge died before 1 December 1987, 62.5% of
the pension to which the Judge would have been
entitled under section 6(2) if the Judge had retired
25 on the day the Judge dies; or
(b) if the Judge died on or after 1 December 1987,
37.5% of current judicial salary.
page 44
Acts Amendment (Equality of Status) Bill 2002
Judges' Salaries and Pensions Act 1950 Part 33
s. 99
2. Pension on death of retired Judge
If a former Judge dies after retiring and is survived by a
spouse or de facto partner, the spouse or de facto partner is
entitled to a pension of an amount equal to --
5 (a) if the former Judge retired before 1 December 1987,
62.5% of the pension which the former Judge was
receiving before death; or
(b) if the former Judge retired on or after
1 December 1987, 62.5% of the pension which
10 would have been payable to the former Judge if the
former Judge had not died.
3. Payment of pension
(1) Subject to subclause (2), a pension under this Part is payable
from the day after the Judge died.
15 (2) If a person entitled to a pension under clause 2 --
(a) was not the former Judge's spouse or de facto
partner when the former Judge retired; and
(b) has not attained the age of 55 years on the day the
former Judge died,
20 the pension is payable from --
(c) the day on which the person attains the age of
55 years; or
(d) such earlier day as the Minister considers
appropriate in the circumstances.
25 (3) A pension under this Part is payable until the death of the
person to whom it is payable.
".
(2) The Second Schedule Part II Division A is amended as follows:
(a) in item 2(1)(a) by deleting "his death a" and inserting
30 instead --
" his or her death a widow or ";
page 45
Acts Amendment (Equality of Status) Bill 2002
Part 33 Judges' Salaries and Pensions Act 1950
s. 99
(b) in item 2(1)(b) by inserting after "widow" in both places
where it occurs --
" or widower ";
(c) in item 2(2)(b) --
5 (i) by inserting after "widow" in both places where
it occurs --
" or widower "; and
(ii) by inserting after "her" --
" or his ".
10 (3) The Second Schedule Part II Division B is amended as follows:
(a) in the definition of "eligible child" by deleting "widow
or other";
(b) in the definition of "relevant pension" by deleting "him
if he had" and inserting instead --
15 " the Judge had the Judge ";
(c) in item 1(1) by deleting "widow" in both places where it
occurs and inserting instead --
" spouse or de facto partner ";
(d) in item 2(1)(a) by deleting "widow" in both places
20 where it occurs and inserting instead --
" spouse or de facto partner ";
(e) in item 2(1)(b) by deleting "widow" and inserting
instead --
" spouse or de facto partner ".
25 (4) The Second Schedule Part III is amended by inserting after
item 2 the following item --
"
Item 3:
If more than one person is entitled under Part 1 to a pension as the
30 spouse or de facto partner of a particular Judge or former Judge, then
each of those persons are entitled only to a share of the pension that
page 46
Acts Amendment (Equality of Status) Bill 2002
Judges' Salaries and Pensions Act 1950 Part 33
s. 99
would be payable if there was only one spouse or de facto partner,
apportioned between them as is determined by the Minister.
".
page 47
Acts Amendment (Equality of Status) Bill 2002
Part 34 Land Tax Assessment Act 2002
s. 100
Part 34 -- Land Tax Assessment Act 2002
100. Land Tax Assessment Act 2002 amended
The amendments in this Part are to the Land Tax Assessment
Act 2002*.
5 [* Act No. 52 of 2002.]
101. Section 21 amended
Section 21(1) is amended as follows:
(a) by deleting "or" and the end of paragraph (a);
(b) by deleting the full stop at the end of paragraph (b) and
10 inserting instead --
"
; or
(c) by persons who have lived in a de facto
relationship with each other for at least 2 years,
15 whether or not they still live on that basis, at
least one of whom uses it as his or her primary
residence.
".
page 48
Acts Amendment (Equality of Status) Bill 2002
Life Assurance Companies Act 1889 Part 35
s. 102
Part 35 -- Life Assurance Companies Act 1889
102. Life Assurance Companies Act 1889 amended
The amendments in this Part are to the Life Assurance
Companies Act 1889*.
5 [* Reprint in Volume 2 of Reprinted Acts.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 209.]
103. Section 70 amended
Section 70 is amended by deleting "his widow, or any adult
10 child of his, and the receipt of such widow or child" and
inserting instead --
"
any --
(a) person who was the spouse or de facto partner
15 of the holder of the policy immediately before
the death of the holder; or
(b) child who has attained the age of 18 years of
the holder of the policy,
and the receipt of any of those persons
20 ".
page 49
Acts Amendment (Equality of Status) Bill 2002
Part 36 Liquor Licensing Act 1988
s. 104
Part 36 -- Liquor Licensing Act 1988
104. Liquor Licensing Act 1988 amended
The amendments in this Part are to the Liquor Licensing
Act 1988*.
5 [* Reprinted as at 23 February 2001.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 211.]
105. Section 3 amended
Section 3(1) is amended in the definition of "relative" by
10 deleting "person who, although not legally married to the
licensee, ordinarily lives with the licensee on a permanent and
domestic basis as the spouse" and inserting instead --
" de facto partner ".
106. Section 125 amended
15 (1) Section 125(1)(a)(ii) is amended by inserting after "spouse" --
" or de facto partner ".
(2) Section 125(2)(b) is amended by inserting after "spouse" the
following --
" , de facto partner ".
20 (3) Section 125(3) is repealed and the following subsection is
inserted instead --
"
(3) In this section --
"a member of the family", in relation to a person,
25 includes a de facto partner of the person.
".
page 50
Acts Amendment (Equality of Status) Bill 2002
Local Courts Act 1904 Part 37
s. 107
Part 37 -- Local Courts Act 1904
107. Local Courts Act 1904 amended
The amendments in this Part are to the Local Courts Act 1904*.
[* Reprinted as at 12 January 2001.
5 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 214.]
108. Section 126 amended
Section 126 is amended by deleting "wife" and inserting
instead --
10 " spouse or de facto partner ".
page 51
Acts Amendment (Equality of Status) Bill 2002
Part 38 Local Government Act 1995
s. 109
Part 38 -- Local Government Act 1995
109. Local Government Act 1995 amended
The amendments in this Part are to the Local Government
Act 1995*.
5 [* Reprinted as at 18 February 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 215.]
110. Section 5.62 amended
Section 5.62(1) is amended as follows:
10 (a) in paragraph (e) by deleting "or a child of the relevant
person" and inserting instead --
" , de facto partner or child of the relevant person ";
(b) in paragraph (f) by inserting after "spouse" in both
places where it occurs --
15 " or de facto partner ".
111. Section 5.63 amended
Section 5.63(1)(d)(ii) is amended by inserting after "spouse" in
both places where it occurs --
" , de facto partner ".
20 112. Section 5.64 repealed
Section 5.64 is repealed.
113. Section 5.74 amended
(1) Section 5.74(1) is amended in the definition of "relative" as
follows:
25 (a) in paragraph (a) by inserting after "spouse" --
" or de facto partner ";
page 52
Acts Amendment (Equality of Status) Bill 2002
Local Government Act 1995 Part 38
s. 114
(b) in paragraph (b) by inserting after "spouse" in both
places where it occurs --
" or de facto partner ".
(2) Section 5.74(4) and (5) are repealed.
5 114. Section 9.44 amended
(1) Section 9.44(1) is amended by inserting after "spouse" --
" or de facto partner ".
(2) Section 9.44(2) is repealed.
page 53
Acts Amendment (Equality of Status) Bill 2002
Part 39 Married Women's Property Act 1892 and related amendments
s. 115
Part 39 -- Married Women's Property Act 1892 and
related amendments
115. Married Women's Property Act 1892 and Married Women's
Property Act 1895 repealed
5 (1) The Married Women's Property Act 1892 is repealed.
(2) The Married Women's Property Act 1895 is repealed.
116. Law Reform (Miscellaneous Provisions) Act 1941 amended
(1) The amendments in this section are to the Law Reform
(Miscellaneous Provisions) Act 1941*.
10 [* Reprinted as at 12 July 2002.]
(2) The long title is amended by deleting "the law relating to the
liabilities of husbands" and inserting instead --
"
and re-state the law relating to the legal capacity of spouses
15 ".
(3) Sections 2 and 3 are repealed and the following sections are
inserted instead --
"
2. Doctrine of unity of spouses abolished
20 The common law doctrine of unity of spouses is
abolished.
3. Spousal capacity
(1) A married person has a legal personality that is
independent, separate and distinct from the legal
25 personality of the person's spouse.
(2) A married person has the same legal capacity that the
person would have if the person were unmarried.
page 54
Acts Amendment (Equality of Status) Bill 2002
Married Women's Property Act 1892 and related amendments Part 39
s. 117
(3) This section applies to a married person whether the
person married before or after the commencement of
this section.
".
5 117. Companies (Co-operative) Act 1943 amended
(1) The amendment in this section is to the Companies
(Co-operative) Act 1943*.
[* Reprinted as at 14 January 2000.
For subsequent amendments see 2001 Index to Legislation of
10 Western Australia, Table 1, p. 60 and Gazette 28 June 2002
p. 3052-4.]
(2) Section 183 is repealed.
118. The Criminal Code amended
(1) The amendments in this section are to The Criminal Code*.
15 [* Reprinted as at 9 February 2001 as the Schedule to the
Criminal Code Act 1913 appearing as Appendix B to the
Criminal Code Compilation Act 1913.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 89 and Acts Nos. 3, 6 and 8 of
20 2002.]
(2) Section 32 is repealed.
(3) Section 35 is repealed.
(4) Section 377 is repealed.
(5) Section 584(7) is repealed.
25 119. Hospitals and Health Services Act 1927 amended
(1) The amendments in this section are to the Hospitals and Health
Services Act 1927*.
[* Reprinted as at 15 October 1999.
For subsequent amendments see 2001 Index to Legislation of
30 Western Australia, Table 1, p. 168 and Act No. 17 of 2002.]
page 55
Acts Amendment (Equality of Status) Bill 2002
Part 39 Married Women's Property Act 1892 and related amendments
s. 120
(2) Section 33(2) is amended as follows:
(a) by deleting "a married woman not living apart from her
husband or";
(b) by deleting "the husband of the married woman, and".
5 120. Limitation Act 1935 amended
(1) The amendments in this section are to the Limitation Act 1935*.
[* Reprint approved 5 May 1983.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 209-10.]
10 (2) Section 16 is amended by deleting "coverture (except in the
case of a married woman entitled to make such entry or distress,
or bring such action),".
(3) Section 47(1)(b) is amended by deleting "shall run against a
married woman entitled in possession to her separate use,
15 whether with or without a restraint upon anticipation; but".
121. Local Courts Act 1904 amended
(1) The amendments in this section are to the Local Courts Act 1904*.
[* Reprinted as at 12 January 2001.
For subsequent amendments see 2001 Index to Legislation of
20 Western Australia, Table 1, p. 214.]
(2) Section 48(b) is amended by deleting subparagraph (ii) and "or"
after it.
(3) Section 130(5) is repealed.
122. Motor Vehicle (Third Party Insurance) Act 1943 amended
25 (1) The amendments in this section are to the Motor Vehicle (Third
Party Insurance) Act 1943*.
[* Reprinted as at 20 November 1998.]
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 252 and Act No. 7 of 2002.]
page 56
Acts Amendment (Equality of Status) Bill 2002
Married Women's Property Act 1892 and related amendments Part 39
s. 123
(2) Section 6A is repealed.
(3) Section 8A is repealed.
(4) Section 29A is amended by deleting "of section 6A(3),".
123. Newspaper Libel and Registration Act 1884 amended
5 (1) The amendment in this section is to The Newspaper Libel and
Registration Act 1884*.
[* Reprinted as at 15 December 1988.]
(2) Section 7 is amended by deleting "coverture,".
124. Parliament (Qualification of Women) Act 1920 repealed
10 The Parliament (Qualification of Women) Act 1920 is repealed.
125. Property Law Act 1969 amended and transitional provision
(1) The amendments in this section are to the Property Law
Act 1969*.
[* Reprinted as at 21 May 1999.]
15 (2) Section 31 is repealed.
(3) A restriction upon anticipation or alienation attached to the
enjoyment of any property by a woman which --
(a) at the time it was attached, could not have been attached
to the enjoyment of that property by a man; and
20 (b) continued to have effect after the commencement of
section 31 of the Property Law Act 1969,
is of no effect.
page 57
Acts Amendment (Equality of Status) Bill 2002
Part 39 Married Women's Property Act 1892 and related amendments
s. 126
126. Restraint of Debtors Act 1984 amended
(1) The amendment in this section is to the Restraint of Debtors
Act 1984*.
[* Act No. 73 of 1984.
5 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 322.]
(2) Section 4 is repealed.
127. Supreme Court Act 1935 amended
(1) The amendments in this section are to the Supreme Court
10 Act 1935*.
[* Reprinted as at 9 February 2001.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 370.]
(2) Section 175(1) is amended by deleting "; and to take the
15 acknowledgments of deeds executed by married women".
(3) Section 175(3) is repealed.
128. Town Allotments (Boundaries) Act 1844 amended
(1) The amendments in this section are to the Town Allotments
(Boundaries) Act 1844*.
20 [* Reprinted as at 17 August 2001.]
(2) Section 21 is amended by deleting "a feme covert," and
inserting instead --
" an ".
129. Transfer of Land Act 1893 amended
25 (1) The amendments in this section are to the Transfer of Land
Act 1893*.
[* Reprinted as at 9 February 2001.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 385.]
page 58
Acts Amendment (Equality of Status) Bill 2002
Married Women's Property Act 1892 and related amendments Part 39
s. 129
(2) Section 3(1) is amended by deleting "This Act shall not be
construed to limit abridge or extend any provisions of the
Married Women's Property Act 1892.".
(3) Section 84 is amended as follows:
5 (a) by deleting "to his wife; or if such proprietor be a
married woman it shall be lawful for her to make such
transfer to her husband; or it shall be lawful for such
proprietor to make such transfer";
(b) by deleting "to create or execute any power of
10 appointment or disposition or to" and inserting
instead --
"
create or execute any power of appointment or
disposition or
15 ".
(4) Section 85 is amended by deleting "; and every instrument
acknowledged within Western Australia by any woman
appearing by the Register to be married (whether a sole
proprietor or not) and certified under the hand of the Registrar
20 or of some Assistant Registrar or Commissioner for taking
affidavits in the Supreme Court of Western Australia in the
form in the Tenth Schedule and every instrument acknowledged
out of Western Australia by any woman appearing by the
Register to be married (whether a sole proprietor or not) and
25 certified under the hand of a Commissioner for taking affidavits
in the Supreme Court of Western Australia in the form in the
said schedule shall when such instrument has been registered be
as valid and effectual to all intents and purposes as a deed duly
executed and acknowledged or an instrument duly signed and
30 acknowledged by her would have been under any law heretofore
or now in force in Western Australia or as any other form of
document would have been either at law or in equity; and such
certificate shall be deemed and received as sufficient evidence
of the due signature and acknowledgment by her of the
35 instrument therein referred to. Provided always that a married
page 59
Acts Amendment (Equality of Status) Bill 2002
Part 39 Married Women's Property Act 1892 and related amendments
s. 130
woman entitled to her separate use and not restrained from
anticipation or having a power of appointment shall for the
purposes of this Act be deemed a feme sole".
(5) Section 188(iii) is amended by deleting "coverture".
5 (6) The Tenth Schedule is repealed.
130. Trustee Ordinance 1854 amended
(1) The amendment in this section is to the Trustee
Ordinance 1854*.
[* 17 Vict., No. 10 of 1854.
10 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 389.]
(2) Section 2 is amended in the definition of "convey" and
"conveyance" by deleting "married woman and".
page 60
Acts Amendment (Equality of Status) Bill 2002
Medical Act 1894 Part 40
s. 131
Part 40 -- Medical Act 1894
131. Medical Act 1894 amended
The amendment in this Part is to the Medical Act 1894.
[* Reprinted as at 25 February 2000.
5 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 230.]
132. Section 21B amended
After section 21B(3) the following subsection is inserted --
"
10 (4) In subsection (1) --
"relative", in relation to a patient, includes a de facto
partner of the patient.
".
page 61
Acts Amendment (Equality of Status) Bill 2002
Part 41 Members of Parliament (Financial Interests) Act 1992
s. 133
Part 41 -- Members of Parliament (Financial Interests)
Act 1992
133. Members of Parliament (Financial Interests) Act 1992
amended
5 The amendments in this Part are to the Members of Parliament
(Financial Interests) Act 1992*.
[* Act No. 44 of 1992.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 231 and Act No. 3 of 2002.]
10 134. Section 3 amended
Section 3(5) is amended by deleting "with the Member or
relative as a de facto spouse if either -- " and paragraphs (a)
and (b) and inserting instead --
"
15 as a de facto partner of the Member or relative and has
been so living during the whole of the 2 years
immediately preceding that time
".
page 62
Acts Amendment (Equality of Status) Bill 2002
Mental Health Act 1996 Part 42
s. 135
Part 42 -- Mental Health Act 1996
135. Mental Health Act 1996 amended
The amendments in this Part are to the Mental Health
Act 1996*.
5 [* Act No. 68 of 1996.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 231.]
136. Section 3 amended
Section 3 is amended as follows:
10 (a) in the definition of "relative" by inserting after
"spouse," --
" de facto partner, ";
(b) by deleting the definition of "spouse".
137. Section 193 amended
15 Section 193 is amended in the definition of "related person" by
inserting after "spouse" in paragraphs (b), (c) and (d) --
" , de facto partner ".
138. Schedule 3 amended
Schedule 3 clause 2 is amended as follows:
20 (a) in paragraph (f) by deleting "or a child of the official
visitor and is living with the official visitor" and
inserting instead --
" , de facto partner or child of the official visitor ";
(b) in paragraph (g) by deleting "if the spouse is living with
25 the official visitor" and inserting instead --
" or de facto partner ".
page 63
Acts Amendment (Equality of Status) Bill 2002
Part 43 Mine Workers' Relief Act 1932
s. 139
Part 43 -- Mine Workers' Relief Act 1932
139. Mine Workers' Relief Act 1932 amended
The amendments in this Part are to the Mine Workers' Relief
Act 1932*.
5 [* Reprinted as at 29 September 1987.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 241.]
140. Schedule 2 amended
(1) Schedule 2 Part I paragraph 2 is amended as follows:
10 (a) in the definition of "dependants" by deleting "wife,
widow until she remarries, father, mother, grandfather,
grandmother, step-father, step-mother" and inserting
instead --
"
15 spouse, de facto partner, surviving spouse, surviving
de facto partner (until that spouse or partner
subsequently marries or enters into a de facto
relationship), parent, step-parent, grandparent
";
20 (b) inserting in the appropriate alphabetical position the
following definition --
"
"surviving spouse or surviving de facto partner", in
relation to a person who has died, means --
25 (a) the widow or widower of that person; or
(b) a person who was, immediately before the death
of the person, a de facto partner of that person;
".
(2) Schedule 2 Part III paragraph 12(4) is amended as follows:
30 (a) by deleting "wife or a" and inserting instead --
" spouse, de facto partner or ";
page 64
Acts Amendment (Equality of Status) Bill 2002
Mine Workers' Relief Act 1932 Part 43
s. 141
(b) by deleting "wife" in each of the other places where it
occurs and inserting instead --
" spouse, de facto partner ".
141. Schedule 3 amended
5 (1) Schedule 3 is amended by inserting before "Persons" the clause
designation --
" 1. ".
(2) Schedule 3 is amended by deleting the Table commencing
"single man........4" and ending "worker dependant on him
10 .............................1" and inserting instead --
"
(1) Basic payment for a mine worker .......................... 4
(2) Additional payment to a mine worker in respect
of --
(a) the spouse or de facto partner of the mine
worker ............................................................ 4
(b) each child under 16 years of age, dependent
on the mine worker ........................................ 1
(3) Basic payment for surviving spouse or surviving
de facto partner, of a mine worker ......................... 4
(4) Additional payment for surviving spouse, or
surviving de facto partner, of a mine worker in
respect of each child under 16 years of age who
was dependent on the mine worker immediately
before the worker's death ....................................... 1
(5) Payment for a parent of a mine worker who was
dependent on the mine worker immediately before
the worker's death ................................................. 2
(6) Payment for guardian of each child under 16 years
of age who was dependent on a mine worker
immediately before the worker's death .................. 2
".
page 65
Acts Amendment (Equality of Status) Bill 2002
Part 43 Mine Workers' Relief Act 1932
s. 141
(3) Schedule 3 is amended as follows:
(a) by inserting before "Notwithstanding" the clause
designation --
" 2. ";
5 (b) in paragraph (b) by deleting "widower, the additional
payment in respect of any child under 16 years" and
inserting instead --
"
mine worker who is a surviving spouse or surviving
10 de facto partner, the additional payment under
clause 1(2)(b)
";
(c) by deleting paragraph (c) and inserting the following
paragraph instead --
15 "
(c) a mine worker is not entitled to any payment under
clause 1(2) unless the person the payment is made
in respect of is being supported by the mine worker;
";
20 (d) in paragraph (d) by deleting "in respect of a wife may be
paid to the wife" and inserting instead --
"
under clause 1(2)(a) may be paid to the spouse or
de facto partner of the mine worker
25 ";
(e) in paragraph (e) --
(i) by deleting "widow, the benefits" and inserting
instead --
"
30 surviving spouse or surviving de facto partner, the
payments under clause 1(4)
";
and
page 66
Acts Amendment (Equality of Status) Bill 2002
Mine Workers' Relief Act 1932 Part 43
s. 141
(ii) by deleting "re-marriage of the widow" and
inserting instead --
"
subsequent marriage of the spouse or de facto
5 partner, or on the spouse or de facto partner entering
into a de facto relationship
";
(f) in paragraph (f) --
(i) by deleting "widow" in both places where it
10 occurs and inserting instead --
"
surviving spouse or surviving de facto partner
";
and
15 (ii) by deleting "benefit under this Act until she has
applied for such a pension and her application
has been granted or refused." and inserting
instead --
"
20 payment under this Act until such an application has
been made and dealt with.
".
(4) At the end of Schedule 3 the following clause is inserted --
"
25 3. In this Schedule --
"dependants" has the same meaning as it has in
Schedule 2;
"surviving spouse or surviving de facto partner" has the
same meaning as it has in Schedule 2.
30 ".
page 67
Acts Amendment (Equality of Status) Bill 2002
Part 44 Mine Workers' Relief (Payments Authorisation) Act 1940
s. 142
Part 44 -- Mine Workers' Relief (Payments
Authorisation) Act 1940
142. The Mine Workers' Relief (Payments Authorisation) Act 1940
repealed
5 The Mine Workers' Relief (Payments Authorisation) Act 1940 is
repealed.
page 68
Acts Amendment (Equality of Status) Bill 2002
Minimum Conditions of Employment Act 1993 Part 45
s. 143
Part 45 -- Minimum Conditions of Employment
Act 1993
143. Minimum Conditions of Employment Act 1993 amended
The amendments in this Part are to the Minimum Conditions of
5 Employment Act 1993*.
[* Reprinted as at 4 June 1997.
For subsequent amendments see Act No. 20 of 2002.]
144. Section 3 amended
Section 3(1) is amended by deleting the definition of "de facto
10 spouse".
145. Section 20A amended
Section 20A(2)(a) is amended by deleting "de facto spouse" and
inserting instead --
" de facto partner ".
15 146. Section 27 amended
Section 27(1)(a) is amended by deleting "de facto spouse" and
inserting instead --
" de facto partner ".
147. Section 32 amended
20 Section 32 is amended as follows:
(a) in paragraph (a) of the definition of "adoption" --
(i) by deleting "natural"; and
(ii) by deleting "spouse" and inserting instead --
" spouse or de facto partner ";
25 (b) in the definition of "expected date of birth" by inserting
after "spouse" --
" or de facto partner ";
page 69
Acts Amendment (Equality of Status) Bill 2002
Part 45 Minimum Conditions of Employment Act 1993
s. 148
(c) after the definition of "parental leave" by deleting the
semicolon and inserting instead a full stop;
(d) by deleting the definition of "spouse".
148. Section 33 amended
5 Section 33(3) is amended as follows:
(a) by inserting after "spouse" --
" or de facto partner ";
(b) by deleting "leave -- " and inserting instead --
"
10 leave taken by the employee and the employee's
spouse or de facto partner immediately after --
";
(c) in paragraph (a) by deleting "taken by the male parent
immediately after";
15 (d) in paragraph (b) by deleting "taken by the employee and
the employee's spouse immediately after".
149. Section 34 amended
Section 34 is amended as follows:
(a) by inserting after "who" --
20 " is pregnant and ";
(b) by deleting ", other than for an adoption, ".
150. References to "de facto partner" inserted
The provisions referred to in the Table to the section are
amended by inserting after "spouse" in each place where it
25 occurs --
" or de facto partner ".
Table
s. 33(1)(a) and (4), 35 and 36(1)
page 70
Acts Amendment (Equality of Status) Bill 2002
Mining Act 1978 Part 46
s. 151
Part 46 -- Mining Act 1978
151. Mining Act 1978 amended
The amendments in this Part are to the Mining Act 1978*.
[* Reprinted as at 7 September 2001.
5 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 246 and Act No. 15 of 2002.]
152. Section 8 amended
Section 8(4)(a) is repealed and the following paragraph inserted
instead --
10 "
(a) an individual, if the person is --
(i) a spouse or de facto partner;
(ii) a parent, grandparent or great-
grandparent;
15 (iii) a child, grandchild or great-grandchild;
or
(iv) a sibling,
of the individual, whether the relationship is a
step relationship or a relationship established
20 by, or traced through marriage or a de facto
relationship, a written law or a natural
relationship;
".
page 71
Acts Amendment (Equality of Status) Bill 2002
Part 47 The Partnership Act 1895
s. 153
Part 47 -- The Partnership Act 1895
153. The Partnership Act 1895 amended
The amendments in this Part are to The Partnership Act 1895*.
[* Reprinted as at 26 July 1985.
5 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 272.]
154. Section 8 amended
Section 8(3)(c) is amended by deleting "being the widow or"
and inserting instead --
10 "
who, immediately before the death of a
deceased partner, was the spouse or de facto
partner of the partner, or who is the
".
page 72
Acts Amendment (Equality of Status) Bill 2002
Police Act 1892 Part 48
s. 155
Part 48 -- Police Act 1892
155. Police Act 1892 amended
The amendments in this Part are to the Police Act 1892*.
[* Reprinted as at 12 January 2001.
5 For subsequent amendments see Act No. 6 of 2002.]
156. Section 27 repealed
Section 27 is repealed.
157. Section 66 amended
Section 66(10) is repealed.
10 158. Section 138 amended
After section 138(4) the following subsection is inserted --
"
(5) In this section --
"close relative", in relation to a person, includes a
15 de facto partner of the person.
".
page 73
Acts Amendment (Equality of Status) Bill 2002
Part 49 Property Law Act 1969
s. 159
Part 49 -- Property Law Act 1969
159. Property Law Act 1969 amended
The amendments in this Part are to the Property Law Act 1969*.
[* Reprinted as at 25 May 1999.]
5 160. Section 31A amended
Section 31A(5) is amended as follows:
(a) by deleting "father" in each place where it occurs and
inserting instead --
" parent ";
10 (b) by inserting after "his" in both places where it occurs --
" or her ";
(c) by deleting "paternity" in both places where it occurs
and inserting instead --
" parentage ".
15 161. Section 102 amended
Section 102(4) is amended by inserting after "spouse" in both
places where it occurs --
" or de facto partner ".
162. Section 105 amended
20 Section 105(3) is amended by inserting after "person," --
" or on any person entering into a de facto relationship, ".
163. Section 108 amended
(1) Section 108 is amended by inserting before "The" the
subsection designation "(1)".
page 74
Acts Amendment (Equality of Status) Bill 2002
Property Law Act 1969 Part 49
s. 164
(2) At the end of section 108 the following subsection is inserted --
"
(2) The de facto partner of a person who is a life in being
for the purpose of the rule against perpetuities shall be
5 deemed a life in being for the purpose of --
(a) a limitation in favour of that de facto partner;
and
(b) a limitation in favour of a person who attains,
or of a class the members of which attain,
10 according to the limitation, a vested interest on
or after the death of the survivor of that person
and the person's de facto partner.
".
164. Section 115 amended
15 Section 115(1) is amended as follows:
(a) in paragraph (a) by inserting after "widowers," --
" de facto partners, ";
(b) in paragraph (b) by inserting after "widowers," --
" de facto partners, ".
page 75
Acts Amendment (Equality of Status) Bill 2002
Part 50 Rates and Charges (Rebates and Deferments) Act 1992
s. 165
Part 50 -- Rates and Charges (Rebates and Deferments)
Act 1992
165. Rates and Charges (Rebates and Deferments) Act 1992
amended
5 The amendments in this Part are to the Rates and Charges
(Rebates and Deferments) Act 1992*.
[* Reprinted as at 19 May 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 316.]
10 166. Section 3 amended
(1) Section 3(1) is amended by inserting the following definition in
the appropriate alphabetical position --
"
"de facto partner" does not include a person who, on
15 an apparently permanent and voluntary basis, lives
separately and apart from their de facto partner;
".
(2) Section 3(1) is amended in the definition of "dependant" by
inserting after paragraph (a) the following paragraph --
20 " (ab) a de facto partner of that person; ".
(3) Section 3(1) is amended in the definition of "spouse" by
deleting ", includes a de facto spouse, subject to section 4, but".
167. Section 4 repealed
Section 4 is repealed.
25 168. Section 27 amended
Section 27(5) is amended by inserting after "spouse" in each
place where it occurs --
" or de facto partner ".
page 76
Acts Amendment (Equality of Status) Bill 2002
Rates and Charges (Rebates and Deferments) Act 1992 Part 50
s. 169
169. Section 28 amended
(1) Section 28(3) is amended by inserting after "spouse" in both
places where it occurs --
" or de facto partner ".
5 (2) Section 28(4)(b) is amended by inserting after "spouse" --
" or de facto partner ".
170. Section 31 amended
Section 31(2) is amended by deleting "spouses" and inserting
instead --
10 " partners ".
171. Section 43 amended
Section 43(4)(a) is amended by inserting after "spouse" --
" or de facto partner ".
172. Section 44 amended
15 Section 44(2)(c)(iii) is amended by inserting after "spouse" in
both places where it occurs --
" or de facto partner ".
173. Section 45 amended
(1) Section 45(1) is amended by inserting after "spouse" in each
20 place where it occurs --
" or de facto partner ".
(2) Section 45(2) is amended by inserting after "spouse" in each
place where it occurs --
" or de facto partner ".
page 77
Acts Amendment (Equality of Status) Bill 2002
Part 51 Real Estate and Business Agents Act 1978
s. 174
Part 51 -- Real Estate and Business Agents Act 1978
174. Real Estate and Business Agents Act 1978 amended
The amendments in this Part are to the Real Estate and Business
Agents Act 1978*.
5 [* Reprinted as at 9 March 2001.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 317.]
175. Section 72 amended
Section 72(3) is amended by inserting after "Board" in the first
10 place where it occurs --
" any de facto relationship or ".
176. Section 117(5) amended
Section 117(5) is amended by inserting after "spouse" --
" or de facto partner ".
15 177. The Schedule amended
(1) The Schedule is amended in clause 1(d) by inserting after
"licensee" in the first place where it occurs --
"
, or a de facto partner of such a licensee (and has
20 been for not less than 2 years immediately before
the death or incapacity of the licensee),
".
(2) The Schedule is amended in clause 4 by inserting after "licence"
in the first place where it occurs --
25 " is to be granted at the discretion of the Board and ".
(3) The Schedule is amended in clause 5(1) by deleting "not an
executor, administrator, trustee, spouse, or child of a deceased
page 78
Acts Amendment (Equality of Status) Bill 2002
Real Estate and Business Agents Act 1978 Part 51
s. 177
licensee or who is not a spouse or child of an incapacitated
licensee may" and inserting instead --
"
not --
5 (a) an executor, administrator, trustee or child of a
deceased licensee, or who was not the spouse or
de facto partner, within the meaning of clause 1(d),
of a deceased licensee immediately before the death
of the licensee; or
10 (b) in respect of an incapacitated licensee, the spouse or
de facto partner of the licensee, within the meaning
of clause 1(d), of the licensee,
may
".
page 79
Acts Amendment (Equality of Status) Bill 2002
Part 52 Retirement Villages Act 1992
s. 178
Part 52 -- Retirement Villages Act 1992
178. Retirement Villages Act 1992 amended
The amendments in this Part are to the Retirement Villages
Act 1992*.
5 [* Reprinted as at 22 January 1999.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 323.]
179. Section 3 amended
Section 3(1) is amended as follows:
10 (a) in the definition of "resident" by inserting after
"spouse" --
" or de facto partner ";
(b) in the definition of "retired person" by inserting after
"spouse" --
15 " or de facto partner ";
(c) by deleting the definition of "spouse".
page 80
Acts Amendment (Equality of Status) Bill 2002
Settlement Agents Act 1981 Part 53
s. 180
Part 53 -- Settlement Agents Act 1981
180. Settlement Agents Act 1981 amended
The amendments in this Part are to the Settlement Agents
Act 1981*.
5 [* Reprinted as at 3 November 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 341.]
181. Section 53 amended
Section 53(3) is amended by inserting after "Board" in the first
10 place where it occurs --
" any de facto relationship or ".
182. Section 95(5) amended
Section 95(5) is amended by inserting after "spouse" --
" or de facto partner ".
15 183. Schedule 1 amended
(1) Schedule 1 clause 1(1)(d) is amended by inserting after
"licensee" in the first place where it occurs --
"
, or a de facto partner of such a licensee (and has
20 been for not less than 2 years immediately before
the death or incapacity of the licensee),
".
(2) Schedule 1 clause 2(1)(d) is amended by inserting after
"licensee" in the first place where it occurs --
25 "
, or a de facto partner of such a licensee (and has
been for not less than 2 years immediately before
the death or incapacity of the licensee),
".
page 81
Acts Amendment (Equality of Status) Bill 2002
Part 53 Settlement Agents Act 1981
s. 183
(3) Schedule 1 is amended in clause 4 by inserting after "licence" in
the first place where it occurs --
" is to be granted at the discretion of the Board and ".
(4) Schedule 1 is amended in clause 5(1) by deleting "not an
5 executor, administrator, trustee, spouse or child of a deceased
licensee or who is not a spouse or child of an incapacitated
licensee may" and inserting instead --
"
not --
10 (a) an executor, administrator, trustee or child of a
deceased licensee, or who was not the spouse or
de facto partner, within the meaning of
clause 1(1)(d) or 2(1)(d) as is relevant, of a
deceased licensee immediately before the licensee's
15 death; or
(b) in respect of an incapacitated licensee, the spouse or
de facto partner of the licensee, within the meaning
of clause 1(1)(d) or 2(1)(d) as is relevant, of the
licensee,
20 may
".
page 82
Acts Amendment (Equality of Status) Bill 2002
Solicitor-General Act 1969 Part 54
s. 184
Part 54 -- Solicitor-General Act 1969
184. Solicitor-General Act 1969 amended
The amendments in this Part are to the Solicitor-General
Act 1969*.
5 [* Act No. 38 of 1969.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 346.]
185. Section 11 amended
Section 11 is amended as follows:
10 (a) by deleting "his widow and children after his death" in
the first place where it occurs and inserting instead --
"
a surviving spouse, de facto partner or child of a
Solicitor-General after the death of the
15 Solicitor-General
";
(b) by deleting "his widow and children after his death" in
the second place where it occurs and inserting instead --
"
20 a surviving spouse, de facto partner or child of such a
Judge after the death of the Judge
".
page 83
Acts Amendment (Equality of Status) Bill 2002
Part 55 Stamp Act 1921
s. 186
Part 55 -- Stamp Act 1921
186. Stamp Act 1921 amended
The amendments in this Part are to the Stamp Act 1921*.
[* Reprinted as at 3 August 2001.
5 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 354 and Acts Nos. 7 and 11 of
2002.]
187. Section 4 amended
Section 4(1) is amended by inserting in the appropriate
10 alphabetical positions the following definitions --
"
"de facto partner of 2 years", in relation to a person,
means a person who is living in a de facto
relationship with the person and has lived on that
15 basis with the person for at least 2 years;
"de facto partners of 2 years" means 2 de facto
partners of 2 years who are living in a de facto
relationship with each other;
"former de facto partner of 2 years", in relation to a
20 person, means a person who has lived in a de facto
relationship with that person for at least 2 years,
but no longer lives with that person on that basis;
"surviving de facto partner of 2 years", in relation to
a person who has died, means a person who,
25 immediately before the person's death was living
in a de facto relationship with that person and had
lived with the person on that basis for at least
2 years;
".
page 84
Acts Amendment (Equality of Status) Bill 2002
Stamp Act 1921 Part 55
s. 188
188. Section 63AB amended
(1) Section 63AB(5)(a) is amended by inserting after "spouses" --
" , or de facto partners, ".
(2) Section 63AB(6)(a), (b) and (c) is amended by inserting after
5 "spouse" --
" or de facto partner ".
(3) Section 63AB(6)(d) is deleted and the following paragraphs are
inserted instead --
"
10 (d) the spouse or de facto partner of the person;
(e) the spouse or de facto partner of a person
referred to in paragraph (a), (b), or (c).
".
(4) Section 63AB(7)(a) is amended by deleting "his mother and
15 reputed father" and inserting instead --
" that person's parents ".
(5) Section 63AB(7)(b) is deleted and the following paragraph is
inserted instead --
"
20 (b) it is irrelevant whether a relationship is of the
whole or half-blood, or whether it is a natural
relationship or a relationship established by a
written law;
".
25 189. Section 75AB amended
Section 75AB is amended by inserting after "widows" --
" , widowers, surviving de facto partners of 2 years ".
page 85
Acts Amendment (Equality of Status) Bill 2002
Part 55 Stamp Act 1921
s. 190
190. Section 75C amended
(1) Section 75C(1) is amended as follows:
(a) in paragraph (a) by deleting "living with each other as a
de facto married couple" and inserting instead --
5 " de facto partners of 2 years ";
(b) by deleting paragraph (aa).
(2) Section 75C(4) is amended by deleting the definition of "de
facto married couple".
191. Section 75D amended
10 (1) Section 75D(1) is amended in the definition of "family
member" by deleting paragraphs (e) and (f) and inserting
instead --
"
(e) the spouse, former spouse, de facto partner of
15 2 years or former de facto partner of 2 years of
the person; or
(f) the spouse or de facto partner of 2 years of a
person referred to in paragraph (a), (b), (c) or
(d),
20 ".
(2) Section 75D(2)(a) is amended by deleting "mother and reputed
father" and inserting instead --
" parents ".
(3) Section 75D(2)(b) is deleted and the following paragraph is
25 inserted instead --
"
(b) it is irrelevant whether a relationship is of the
whole or half-blood, or whether it is a natural
relationship or a relationship established by a
30 written law.
".
page 86
Acts Amendment (Equality of Status) Bill 2002
Stamp Act 1921 Part 55
s. 192
192. Section 76 amended
(1) Section 76(2)(b)(i), (ii) and (iii) is amended by inserting after
"spouse" --
" or de facto partner ".
5 (2) Section 76(2)(b)(iv) is deleted and the following subparagraphs
are inserted instead --
"
(iv) the spouse or de facto partner of the
individual;
10 (v) the spouse or de facto partner of an
individual referred to in
subparagraph (i), (ii), or (iii).
".
(3) Section 76(3)(a) is amended by inserting after "spouses" --
15 " , or de facto partners, ".
(4) Section 76(4)(a) is amended by deleting "his mother and
reputed father" and inserting instead --
" that person's parents ".
(5) Section 76(4)(b) is deleted and the following paragraph is
20 inserted instead --
"
(b) it is irrelevant whether a relationship is of the
whole or half-blood, or whether it is a natural
relationship or a relationship established by a
25 written law;
".
page 87
Acts Amendment (Equality of Status) Bill 2002
Part 55 Stamp Act 1921
s. 193
193. Section 112Q amended
Section 112Q(2) is amended by deleting ", with such a person,
is or was one of a de facto married couple (as that expression is
defined in section 75C(4))" and inserting instead --
5 "
is a de facto partner of 2 years, or a former de facto
partner of 2 years, or is a surviving de facto partner of
2 years, of the person
".
page 88
Acts Amendment (Equality of Status) Bill 2002
Strata Titles Act 1985 Part 56
s. 194
Part 56 -- Strata Titles Act 1985
194. Strata Titles Act 1985 amended
The amendments in this Part are to the Strata Titles Act 1985*.
[* Reprinted as at 1 July 1999.
5 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 363.]
195. Section 6A amended
Section 6A(3) is amended as follows:
(a) in the definition of "retired person" by deleting "of such
10 a person;" and inserting instead --
" or de facto partner of such a person. ";
(b) by deleting the definition of "spouse".
196. Section 50A amended
Section 50A(4) is amended by inserting after "spouse" --
15 " or de facto partner ".
page 89
Acts Amendment (Equality of Status) Bill 2002
Part 57 Supreme Court Act 1935
s. 197
Part 57 -- Supreme Court Act 1935
197. Supreme Court Act 1935 amended
The amendments in this Part are to the Supreme Court
Act 1935*.
5 [* Reprinted as at 9 February 2001.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 126.]
198. Section 11B amended
Section 11B(3) is amended as follows:
10 (a) by deleting "his widow and children after his" in the
first place where it occurs and inserting instead --
"
a surviving spouse, de facto partner or child of a
Master after the Master's
15 ";
(b) by deleting "his widow and children after his" in the
second place where it occurs and inserting instead --
"
a surviving spouse, de facto partner or child of such a
20 Judge after the Judges'
".
199. Section 118 amended
Section 118(2)(b) is amended by deleting "wife" and inserting
instead --
25 " spouse or de facto partner ".
200. Section 141 amended
Section 141(2)(b) is deleted.
page 90
Acts Amendment (Equality of Status) Bill 2002
Trustees Act 1962 Part 58
s. 201
Part 58 -- Trustees Act 1962
201. Trustees Act 1962 amended
The amendments in this Part are to the Trustees Act 1962*.
[* Reprinted as at 11 January 2002.]
5 202. Section 61 amended
Section 61(3) is amended as follows:
(a) in paragraph (a) by deleting "wife or her husband" and
inserting instead --
" , or her, spouse or de facto partner ";
10 (b) in paragraph (b) by deleting "wife or husband" and
inserting instead --
" spouse or de facto partner ".
page 91
Acts Amendment (Equality of Status) Bill 2002
Part 59 Water Corporation Act 1995
s. 203
Part 59 -- Water Corporation Act 1995
203. Water Corporation Act 1995 amended
The amendments in this Part are to the Water Corporation
Act 1995*.
5 [* Reprinted as at 4 May 2001.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 403 and Act No. 20 of 2002 and
Gazette 24 May 2002 p. 2605-17.]
204. Schedule 2 amended
10 Schedule 2 clause 14(1) is amended as follows:
(a) in paragraph (a) --
(i) by inserting after "spouse" in the first place
where it occurs --
" or de facto partner "; and
15 (ii) by inserting after "spouse" in the second place
where it occurs --
" or de facto partner of a director ";
(b) in paragraph (b) --
(i) by inserting after "spouse" in the first place
20 where it occurs --
" or de facto partner "; and
(ii) by inserting after "spouse" in the second place
where it occurs --
" or de facto partner of a director ".
page 92
Acts Amendment (Equality of Status) Bill 2002
Western Australian Aged Sailors, Soldiers and Airmen's Relief Part 60
Fund Act 1932
s. 205
Part 60 -- Western Australian Aged Sailors, Soldiers
and Airmen's Relief Fund Act 1932
205. Western Australian Aged Sailors, Soldiers and Airmen's
Relief Fund Act 1932 amended
5 The amendments in this Part are to the Western Australian Aged
Sailors, Soldiers and Airmen's Relief Fund Act 1932*.
[* Reprinted as at 7 February 1989.]
206. Section 5 amended
Section 5 is amended by deleting "widows of such eligible
10 sailors, soldiers and airmen. Provided always that such sailor,
soldier, airman, nurse and widow" and inserting instead --
"
any person who, immediately before the death of any
such sailor, soldier, airman or nurse, was the spouse or
15 de facto partner of that person. Provided always that
the person for whom the benefit is applied
".
page 93
Acts Amendment (Equality of Status) Bill 2002
Part 61 Western Australian Land Authority Act 1992
s. 207
Part 61 -- Western Australian Land Authority Act 1992
207. Western Australian Land Authority Act 1992 amended
The amendment in this Part is to the Western Australian Land
Authority Act 1992*.
5 [* Reprinted as at 16 April 1999.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 410.]
208. Schedule 1 amended
Schedule 1 is amended in Part B clause 1(1) by inserting after
10 "spouse," --
" de facto partner, ".
page 94
Acts Amendment (Equality of Status) Bill 2002
Wills Act 1970 Part 62
s. 209
Part 62 -- Wills Act 1970
209. Wills Act 1970 amended
The amendments in this Part are to the Wills Act 1970*.
[* Reprinted as at 11 September 1996.
5 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 418.]
210. Section 12 amended
Section 12 is amended by inserting after "spouse" --
" or de facto partner ".
10 211. Section 13 repealed and application provision
(1) Section 13 is repealed.
(2) The repeal effected by subsection (1) applies to and in respect of
the will of any person dying on or after the date of the
commencement of this section, whether the will was made or
15 executed before, on or after that date but does not apply to the
will of a person who died before that date.
212. Section 31 amended
(1) Section 31(1) is amended as follows:
(a) by deleting "father and mother" in the first place where
20 it occurs and inserting instead --
" or her parents ";
(b) by deleting "father and mother" in the second place
where it occurs and inserting instead --
" parents ".
25 (2) Section 31(2)(b) is amended as follows:
(a) by deleting "father and mother" and inserting instead --
" parents ";
page 95
Acts Amendment (Equality of Status) Bill 2002
Part 62 Wills Act 1970
s. 212
(b) by deleting "father" and inserting instead --
" or her parent ";
(c) in subparagraph (i) --
(i) by deleting "paternity" and inserting instead --
5 " parentage ";
(ii) by deleting "father" and inserting instead --
" parent "; and
(iii) by inserting after "his" --
" or her ";
10 (d) in subparagraph (ii) --
(i) by deleting "father" and inserting instead --
" parent "; and
(ii) by deleting "paternity" and inserting instead --
" parentage ".
page 96
Acts Amendment (Equality of Status) Bill 2002
Workers' Compensation and Rehabilitation Act 1981 Part 63
s. 213
Part 63 -- Workers' Compensation and Rehabilitation
Act 1981
213. Workers' Compensation and Rehabilitation Act 1981
amended
5 The amendments in this Part are to the Workers' Compensation
and Rehabilitation Act 1981*.
[* Reprinted as at 14 September 2001.]
214. Section 5 amended
Section 5(1) is amended as follows:
10 (a) by inserting in the appropriate alphabetical position the
following definition --
"
"de facto partner" in relation to compensation
payable in respect of the death of a worker
15 means --
(a) a person who, immediately before the death
of the worker, was living in a de facto
relationship with the worker and had been
living on that basis with that worker for at
20 least the previous 2 years; and
(b) any former de facto partner of the worker if
the worker was legally obliged immediately
before the death of the worker to make
provision for that former de facto partner
25 with respect to financial matters;
";
(b) in the definition of "member of a family" --
(i) by deleting "father, mother, grandfather,
grandmother, step-father, step-mother" and
30 inserting instead --
"
de facto partner, parent, grandparent, step-parent
";
page 97
Acts Amendment (Equality of Status) Bill 2002
Part 63 Workers' Compensation and Rehabilitation Act 1981
s. 215
(ii) by deleting "his mother" and inserting instead --
" the worker's parents "; and
(iii) by deleting "by the same father or mother" and
inserting instead --
5 "
who have at least one parent in common with the
worker
";
(c) by deleting the definition of "spouse" and inserting
10 instead --
"
"spouse" in relation to compensation payable in
respect of the death of a worker, includes any
former spouse of the worker if the worker was
15 legally obliged immediately before the death of the
worker to make provision for that former spouse
with respect to financial matters;
".
215. Schedule 1 amended
20 Schedule 1 is amended as follows:
(a) in clause 1(1)(b) by deleting "or parent or a spouse and
parent" and inserting instead --
"
, de facto partner or parent, or more than one of
25 those persons,
";
(b) in clause 5(1) by inserting after "spouse" --
" , de facto partner ";
(c) in clause 5(2) by inserting after "spouse" in both places
30 where it occurs --
" , de facto partner ".
page 98
Acts Amendment (Equality of Status) Bill 2002
Workers' Compensation and Rehabilitation Act 1981 Part 63
s. 216
216. Schedule 5 amended
(1) Schedule 5 clause 1(1) is amended in the definition of
"supplementary amount" as follows:
(a) in paragraph (a) by inserting after "spouse" --
5 " or dependent de facto partner, or both ";
(b) in paragraph (b) by inserting after "spouse" --
" or dependent de facto partner ".
(2) Schedule 5 clause 7(b) is deleted and the following paragraph is
inserted instead --
10 "
(b) if his death results from the disability and a
dependent spouse or dependent de facto partner,
survives him --
(i) the employer is liable to pay into the
15 custody of the Commission for the benefit
of the spouse or de facto partner, as a lump
sum the aggregate of the supplementary
amount for a worker with a dependent
spouse or dependent de facto partner at the
20 rate applicable at the date of death for a
period of 3 years, and after the amount is so
paid there shall be liberty to apply to the
Commission by or on behalf of the
dependent spouse or dependent de facto
25 partner in respect of the manner in which
that amount or any part of it is applied and
that dependant is entitled to receive that
lump sum;
(ii) if application is made to the Commission
30 under subparagraph (i) by or on behalf of
more than one such dependant, the lump
sum referred to in that subparagraph is to be
apportioned between the dependants
according to the respective financial losses
35 of support suffered by them, which
apportionment is to be determined by a
page 99
Acts Amendment (Equality of Status) Bill 2002
Part 63 Workers' Compensation and Rehabilitation Act 1981
s. 216
dispute resolution body, and those
dependants are entitled to receive that lump
sum as so apportioned; and
(iii) the dependent spouse or dependent de facto
5 partner is also entitled to receive, and the
employer is liable to pay weekly, from the
date of the worker's death and during the
lifetime of the dependent spouse or
dependent de facto partner, the
10 supplementary amount at the rate for a
worker without a dependent spouse or
dependent de facto partner, and where there
is more than one such dependant, the
amount is to be apportioned between them
15 according to the respective financial losses
of support suffered by them, which
apportionment is to be determined by a
dispute resolution body;
".
page 100
Acts Amendment (Equality of Status) Bill 2002
Power to amend certain regulations and rules Part 64
s. 217
Part 64 -- Power to amend certain regulations
and rules
217. Power to amend certain regulations and rules
(1) The Governor, on the recommendation of the Attorney General,
5 may make regulations amending a regulation or rule made
under --
(a) an Act amended by this Act or the Acts Amendment
(Lesbian and Gay Law Reform) Act 2002; or
(b) another Act if it is necessary or desirable to amend the
10 regulation or rule as a consequence of the amendments
enacted by this Act or the Acts Amendment (Lesbian and
Gay Law Reform) Act 2002.
(2) The Attorney General may make a recommendation under
subsection (1) only if the Attorney General considers that each
15 amendment proposed to be made by the regulations is
consequential on the amendments enacted by this Act or the
Acts Amendment (Lesbian and Gay Law Reform) Act 2002.
(3) Nothing in this section prevents a regulation or rule from being
amended in accordance with the Act under which it is made.
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