Victorian Numbered Acts Victorian Numbered ActsSCHEDULE 1
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CONSEQUENTIAL AMENDMENTS TO OTHER ACTS
1 Accident Compensation Act 1985
1.1 In section 5(1), in paragraph (a) of the definition of "domestic partner", after "registered" insert "domestic".
1.2 In section 5(18)—
(a) in paragraph (a), after " registered " insert " domestic ";
(b) in paragraph (b), after "registered" insert "domestic".
2 Administration and Probate Act 1958
2.1 In section 3(1)—
(a) insert the following definition—
""registered caring partner" of a person who dies means a person who, at the time of the person's death, was in a registered caring relationship with the person within the meaning of the Relationships Act 2008 ;";
(b) in the definition of "registered domestic partner", for "registered relationship" substitute "registered domestic relationship".
2.2 In section 51A(1), after "registered domestic partner" insert "or registered caring partner".
2.3 In the Table at the foot of section 51A(1), for " registered domestic partner's " substitute " registered domestic partner or registered caring partner's ".
3 Attorney-General and Solicitor-General Act 1972
After section 6(4) insert —
"(5) In this section—
"domestic partner" of a person means—
(a) a person who is, or was at the time of the person's death, in a registered domestic relationship with the person; or
(b) a person to whom the person is
not married but with whom, in the opinion of the Minister, the person is, or
was at the time of the person's death, living as a couple on a genuine
domestic basis (irrespective of gender);
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"partner" of a person means—
(a) in relation to a person who became entitled to benefits under this Act before the commencement of section 3 of the Constitution Amendment (Judicial Pensions) Act 2008 —
(i) the person's husband, wife, widower or widow; or
(ii) a person of the opposite sex who, though not married to the person, in the opinion of the Minister lives with the person, or lived with the person at the date of the person's death, on a bona fide domestic basis as the person's husband or wife;
(b) in any other case, the person's spouse or domestic partner;
"spouse" of a person means a person to whom the person is, or was at the time of the person's death, married.
(6) For the purposes of the definition of domestic partner in subsection (5)—
(a) "registered domestic relationship" has the same meaning as in the Relationships Act 2008 ; and
(b) in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.".
4 Children, Youth and Families 2005
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4.1 In section 3(1), in paragraph (a) of the definition of domestic partner , after "registered" insert "domestic".
4.2 In section 3(2)—
(a) in paragraph (a), after " registered " insert " domestic ";
(b) in paragraph (b), after "registered" insert "domestic".
5.1 In section 3(1), for the definition of "domestic partner" substitute —
""domestic partner" of a person means—
(a) a person who is in a registered domestic relationship with the person; or
(b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);".
5.2 For section 3(3) substitute —
"(3) For the purposes of the definition of domestic partner in subsection (1)—
(a) registered domestic relationship has the same meaning as in the Relationships Act 2008 ; and
(b) in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.".
6
Conservation, Forests and Lands Act 1987
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6.1 In section 56(1), in paragraph (a) of the definition of domestic partner , after "registered" insert "domestic".
6.2 In section 56(2)—
(a) in paragraph (a), after " registered " insert " domestic ";
(b) in paragraph (b), after "registered" insert "domestic".
7 Constitution Act 1975
7.1 In section 5A(1), in paragraph (a) of the definition of "domestic partner", after "registered" insert "domestic".
7.2 In section 5A(2) —
(a) in paragraph (a), after " registered " insert " domestic ";
(b) in paragraph (b), after "registered" insert "domestic".
8 County Court Act 1958
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8.1 In section 3AA(1), in paragraph (a) of the definition of "domestic partner", after "registered" insert "domestic".
8.2 In section 3AA(2) —
(a) in paragraph (a), after " registered " insert " domestic ";
(b) in paragraph (b), after "registered" insert "domestic".
9.1 In section 35(1), in paragraph (a) of the definition of "domestic partner", after "registered" insert "domestic".
9.2 In section 35(1A)—
(a) in paragraph (a), after " registered " insert " domestic ";
(b) in paragraph (b), after "registered" insert "domestic".
10.1 In section 3(1), in paragraph (a) of the definition of "domestic relationship", after "registered" insert "domestic".
10.2 In section 3(3)—
(a) in paragraph (a), after " registered " insert " domestic ";
(b) in paragraph (b), after "registered" insert "domestic".
11 Education and Training Reform Act 2006
11.1 In section 5.6.1(1), in paragraph (a) of the definition of "domestic partner", after "registered" insert "domestic".
11.2 In section 5.6.1(2)—
(a) in paragraph (a), after " registered " insert " domestic ";
(b) in paragraph (b), after "registered" insert "domestic".
12
Emergency Services Superannuation Act 1986
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12.1 In section 3(1), in paragraph (a) of the definition of domestic partner , after "registered" insert "domestic".
12.2 In section 3(2)—
(a) in paragraph (a), after " registered " insert " domestic ";
(b) in paragraph (b), after "registered" insert "domestic".
13.1 In section 4(1), in paragraph (a) of the definition of "domestic partner", after "registered" insert "domestic".
13.2 In section 4(2)—
(a) in paragraph (a), after " registered " insert " domestic ";
(b) in paragraph (b), after "registered" insert "domestic".
14 First Home Owner Grant Act 2000
14.1 In section 3(1), in paragraph (a) of the definition of "domestic partner", after "registered" insert "domestic".
14.2 In section 3(2)—
(a) in paragraph (a), after " registered " insert " domestic ";
(b) in paragraph (b), after "registered" insert "domestic".
15 Land Act 1958
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15.1 In section 3(1), in paragraph (a) of the definition of domestic partner , after "registered" insert "domestic".
15.2 In section 3(2)—
(a) in paragraph (a), after " registered " insert " domestic ";
(b) in paragraph (b), after "registered" insert "domestic".
16.1 In section 3(1), in paragraph (a) of the definition of "domestic partner", after "registered" insert "domestic".
16.2 In section 3(2)—
(a) in paragraph (a), after " registered " insert " domestic ";
(b) in paragraph (b), after "registered" insert "domestic".
17 Magistrates' Court Act 1989
After section 10A(4) insert —
"(5) In this section—
"domestic partner" of a person means—
(a) a person who is, or was at the time of the person's death, in a registered domestic relationship with the person; or
(b) a person to whom the person is not married but with whom, in the opinion of the Minister, the person is, or was at the time of the person's death, living as a couple on a genuine domestic basis (irrespective of gender);
"partner" of a person means—
(a) in relation to a person who
became entitled to benefits under this Act before the commencement of section
9 of the Constitution Amendment (Judicial Pensions) Act 2008 —
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(i) the person's husband, wife, widower or widow; or
(ii) a person of the opposite sex who, though not married to the person, in the opinion of the Minister lives with the person, or lived with the person at the date of the person's death, on a bona fide domestic basis as the person's husband or wife;
(b) in any other case, the person's spouse or domestic partner;
"spouse" of a person means a person to whom the person is, or was at the time of the person's death, married.
(6) For the purposes of the definition of domestic partner in subsection (5)—
(a) "registered domestic relationship" has the same meaning as in the Relationships Act 2008 ; and
(b) in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.".
18
Parliamentary Salaries and Superannuation Act 1968
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18.1 In section 10(1), in paragraph (a) of the definition of "domestic partner", after "registered" insert "domestic".
18.2 In section 10(1A)—
(a) in paragraph (a), after " registered " insert " domestic ";
(b) in paragraph (b), after "registered" insert "domestic".
18.3 In section 21A(5)(d) after "registered" insert "domestic".
18.4 In section 21A(9A) after "registered" insert "domestic".
18.5 In section 21A(10), in the definition of former domestic partner after "registered" insert "domestic".
19.1 In section 73(4), in paragraph (a) of the definition of "domestic partner", after "registered" insert "domestic".
19.2 In section 73(5)—
(a) in paragraph (a), after " registered " insert " domestic ";
(b) in paragraph (b), after "registered" insert "domestic".
20
Perpetuities and Accumulations Act 1968
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20.1 In section 2(1), in paragraph (a) of the definition of domestic partner , after "registered" insert "domestic".
20.2 In section 2(4)—
(a) in paragraph (a), after " registered " insert " domestic ";
(b) in paragraph (b), after "registered" insert "domestic".
21 Public Prosecutions Act 1994
21.1 Insert the following definitions in section 3—
""domestic partner" of a person means—
(a) a person who is, or was at the time of the person's death, in a registered domestic relationship with the person; or
(b) a person to whom the person is not married but with whom, in the opinion of the Minister, the person is, or was at the time of the person's death, living as a couple on a genuine domestic basis (irrespective of gender);
"partner" of a person means—
(a) in relation to a person who became entitled to benefits under this Act before the commencement of section 9 of the Constitution Amendment (Judicial Pensions) Act 2008 —
(i) the person's husband, wife, widower or widow; or
(ii) a person of the opposite sex who, though not married to the person, in the opinion of the Minister lives with the person, or lived with the person at the date of the person's death, on a bona fide domestic basis as the person's husband or wife;
(b) in any other case, the person's spouse or domestic partner;
"spouse" of a person means a person to whom the person is, or was at the time
of the person's death, married.".
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21.2 At the end of section 3 insert —
"(2) For the purposes of the definition of domestic partner in subsection (1)—
(a) "registered domestic relationship" has the same meaning as in the Relationships Act 2008 ; and
(b) in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.".
22 State Employees Retirement Benefits Act 1979
22.1 In section 2(1), in paragraph (a) of the definition of "domestic partner", after "registered" insert "domestic".
22.2 In section 2(6)—
(a) in paragraph (a), after " registered " insert " domestic ";
(b) in paragraph (b), after "registered" insert "domestic".
23 State Superannuation Act 1988
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23.1 In section 3(1), in paragraph (a) of the definition of domestic partner , after "registered" insert "domestic".
23.2 In section 3(8)—
(a) in paragraph (a), after " registered " insert " domestic ";
(b) in paragraph (b), after "registered" insert "domestic".
24 Superannuation (Portability) Act 1989
24.1 In section 3(1), in paragraph (a) of the definition of "domestic partner", after "registered" insert "domestic".
24.2 In section 3(6)—
(a) in paragraph (a), after " registered " insert " domestic ";
(b) in paragraph (b), after "registered" insert "domestic".
25.1 Insert the following definitions in section 3(1)—
""domestic partner "of a person means—
(a) a person who is, or was at the time of the person's death, in a registered domestic relationship with the person; or
(b) a person to whom the person is not married but with whom, in the opinion of the Minister, the person is, or was at the time of the person's death, living as a couple on a genuine domestic basis (irrespective of gender);
"partner" of a person means—
(a) in relation to a person who
became entitled to benefits under this Act before the commencement of section
3 of the Constitution Amendment (Judicial Pensions) Act 2008 —
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(i) the person's husband, wife, widower or widow; or
(ii) a person of the opposite sex who, though not married to the person, in the opinion of the Minister lives with the person, or lived with the person at the date of the person's death, on a bona fide domestic basis as the person's husband or wife;
(b) in any other case, the person's spouse or domestic partner;
spouse of a person means a person to whom the person is, or was at the time of the person's death, married;".
25.2 After section 3(7) insert —
"(8) For the purposes of the definition of domestic partner in subsection (1)—
(a) "registered domestic relationship" has the same meaning as in the Relationships Act 2008 ; and
(b) in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.".
26 Transport Accident Act 1986
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26.1 In section 3(1), in paragraph (a) of the definition of domestic partner , after "registered" insert "domestic".
26.2 In section 3(6)—
(a) in paragraph (a), after " registered " insert " domestic ";
(b) in paragraph (b), after "registered" insert "domestic".
27 Transport Superannuation Act 1988
27.1 In section 3(1), in paragraph (a) of the definition of "domestic partner", after "registered" insert "domestic".
27.2 In section 3(5)—
(a) in paragraph (a), after " registered " insert " domestic ";
(b) in paragraph (b), after "registered" insert "domestic".
28 Victorian Workers' Wages Protection Act 2007
28.1 In section 3(1), in paragraph (a) of the definition of "domestic partner", after "registered" insert "domestic".
28.2 In section 3(2)—
(a) in paragraph (a), after " registered " insert " domestic ";
(b) in paragraph (b), after "registered" insert "domestic".
29 Water Act 1989
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29.1 In section 3(1), in paragraph (b)(i) of the definition of "domestic partner", after "registered" insert "domestic".
29.2 In section 3(3)—
(a) after paragraph (a) insert —
"(aa) "registered domestic relationship" has the same meaning as in the Relationships Act 2008 ; and".
(b) in paragraph (b), after "registered" insert "domestic".
30.1 In section 19(3), in paragraph (a) of the definition of "domestic partner", after "registered" insert "domestic".
30.2 In section 19(4)—
(a) in paragraph (a), after " registered " insert " domestic ";
(b) in paragraph (b), after "registered" insert "domestic".
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