Acts Amendment (Equality of Status) Act 2003 (WA)

Western Australia

Acts Amendment (Equality of Status) Act 2003

Western Australia

Acts Amendment (Equality of Status) Act 2003

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

Acts Amendment (Equality of Status) Act 2003

Contents

Part 5 — Commercial Tenancy (Retail

Shops) Agreements Act 1985

16. Commercial Tenancy (Retail Shops) Agreements

Act 1985 amended

17.

Section 13A amended

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

23.

Section 22 amended

Part 8 — Co-operative and Provident

Societies Act 1903

24. Co-operative and Provident Societies Act 1903

amended

25.

Section 18 amended

Part 9 — Coroners Act 1996

26.

Coroners Act 1996 amended

27.

Section 37 amended

Part 10 — Country Housing Act 1998

28.

Country Housing Act 1998 amended

29.

Section 3 amended

Part 11 — Credit Act 1984

30.

Credit Act 1984 amended

31.

Section 5 amended

Acts Amendment (Equality of Status) Act 2003

Contents

Part 12 — The Criminal Code

32.	The Criminal Code amended	15
33.	Section 531 amended	15
34.	Section 684 amended	15
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

44.

Section 34 amended

Part 17 — District Court of Western

Australia Act 1969

45. District Court of Western Australia Act 1969

amended

46.

Section 14 amended

Acts Amendment (Equality of Status) Act 2003

Contents

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
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	29
59.	Section 8 amended	29
Part 22 — *First Home Owner Grant*

Act 2000

60.	First Home Owner Grant Act 2000 amended	30
61.	Section 3 amended	30
62.	Section 7 amended	30
63.	Section 11 amended	31
64.	Section 12 amended	31
65.	Section 65 amended	31
Part 23 — *Freedom of Information*

Act 1992

66.	Freedom of Information Act 1992 amended	32
67.	Glossary amended	32
Part 24 — *Gold Corporation Act 1987*
68.	Gold Corporation Act 1987 amended	33
69.	Schedule 1 amended	33

Acts Amendment (Equality of Status) Act 2003

Contents

Part 25 — Government Employees’

Housing Act 1964

70. Government Employees’ Housing Act 1964

amended

71.

Section 28 amended

Part 26 — Health Act 1911

72.

Health Act 1911 amended

73.

Section 3 amended

74.

Section 147 amended

75.

Section 159 amended

76.

Section 168 amended

77. Section 302 amended and consequential

amendment

Part 27 — Health Services

(Conciliation and Review)

Act 1995

78. Health Services (Conciliation and Review)

Act 1995 amended

79.

Section 20 amended

Part 28 — Hospital Fund Act 1930

80.

Hospital Fund Act 1930 amended

81.

Section 2 amended

82.

Section 11 repealed

Part 29 — Housing Act 1980

83.

Housing Act 1980 amended

84.

Section 5 amended

85.

Section 31 amended

Part 30 — Housing Loan Guarantee

Act 1957

86.	Housing Loan Guarantee Act 1957 amended	40
87.	Schedule amended	40

Acts Amendment (Equality of Status) Act 2003

Contents

Part 31 — Industrial Relations

Act 1979

88.	Industrial Relations Act 1979 amended	41
89.	Section 20 amended	41
90.	Section 97WY amended	41
Part 32 — *Inheritance (Family and*

Dependants Provision) Act 1972

91. Inheritance (Family and Dependants Provision)

Act 1972 amended

92.

Section 4 amended

Part 33 — Judges’ Salaries and

Pensions Act 1950

93.	Judges’ Salaries and Pensions Act 1950 amended	43
94.	Section 2 amended	43
95.	Section 7 amended	43
96.	Section 8A amended	44
97.	Section 8B amended	44
98.	Section 14 amended	45
99.	Second Schedule amended	45
Part 1 — Pensions for spouses and de facto partners

1.	Pension on death of Judge in office	45
2.	Pension on death of retired Judge	46
3.	Payment of pension	46

Part 34 — Land Tax Assessment

Act 2002

100.	Land Tax Assessment Act 2002 amended	49
101.	Section 21 amended	49
Part 35 — *Life Assurance Companies*

Act 1889

102.	Life Assurance Companies Act 1889 amended	50
103.	Section 70 amended	50
Part 36 — *Liquor Licensing Act 1988*
104.	Liquor Licensing Act 1988 amended	51
105.	Section 3 amended	51

Acts Amendment (Equality of Status) Act 2003

Contents

106.	Section 125 amended	51
Part 37 — *Local Courts Act 1904*
107.	Local Courts Act 1904 amended	52
108.	Section 126 amended	52
Part 38 — *Local Government Act 1995*
109.	Local Government Act 1995 amended	53
110.	Section 5.62 amended	53
111.	Section 5.63 amended	53
112.	Section 5.64 repealed	53
113.	Section 5.74 amended	53
114.	Section 9.44 amended	54
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	55
116.	Law Reform (Miscellaneous Provisions) Act 1941
amended	55

2.	Doctrine of unity of spouses abolished	55
3.	Spousal capacity	55

117.	Companies (Co-operative) Act 1943 amended	56
118.	The Criminal Code amended	56
119.	Hospitals and Health Services Act 1927 amended	56
120.	Limitation Act 1935 amended	57
121.	Local Courts Act 1904 amended	57
122.	Motor Vehicle (Third Party Insurance) Act 1943
amended	57
123.	Newspaper Libel and Registration Act 1884
amended	58
124.	Parliament (Qualification of Women) Act 1920
repealed	58
125.	Property Law Act 1969 amended and transitional
provision	58
126.	Restraint of Debtors Act 1984 amended	59
127.	Supreme Court Act 1935 amended	59
128.	Town Allotments (Boundaries) Act 1844 amended	59
129.	Transfer of Land Act 1893 amended	59
130.	Trustee Ordinance 1854 amended	61

Acts Amendment (Equality of Status) Act 2003

Contents

Part 40 — Medical Act 1894

131.	Medical Act 1894 amended	62
132.	Section 21B amended	62
Part 41 — *Members of Parliament* *(Financial Interests) Act 1992*
133.	Members of Parliament (Financial Interests)
Act 1992 amended	63
134.	Section 3 amended	63
Part 42 — *Mental Health Act 1996*
135.	Mental Health Act 1996 amended	64
136.	Section 3 amended	64
137.	Section 193 amended	64
138.	Schedule 3 amended	64
Part 43 — *Mine Workers’ Relief*

Act 1932

139.	Mine Workers’ Relief Act 1932 amended	65
140.	Schedule 2 amended	65
141.	Schedule 3 amended	66
Part 44 — *Mine Workers’ Relief*

(Payments Authorisation)

Act 1940

142. The Mine Workers’ Relief (Payments

Authorisation) Act 1940 repealed

Part 45 — Minimum Conditions of

Employment Act 1993

143. Minimum Conditions of Employment Act 1993

amended

144.

Section 3 amended

145.

Section 20A amended

146.

Section 27 amended

147.

Section 32 amended

148.

Section 33 amended

149.

Section 34 amended

150.

References to “de facto partner” inserted

Acts Amendment (Equality of Status) Act 2003

Contents

Part 46 — Mining Act 1978

151.	Mining Act 1978 amended	73
152.	Section 8 amended	73
Part 47 — *The Partnership Act 1895*
153.	The Partnership Act 1895 amended	74
154.	Section 8 amended	74
Part 48 — *Police Act 1892*
155.	Police Act 1892 amended	75
156.	Section 27 repealed	75
157.	Section 66 amended	75
158.	Section 138 amended	75
Part 49 — *Property Law Act 1969*
159.	Property Law Act 1969 amended	76
160.	Section 31A amended	76
161.	Section 102 amended	76
162.	Section 105 amended	76
163.	Section 108 amended	76
164.	Section 115 amended	77
Part 50 — *Rates and Charges (Rebates*

and Deferments) Act 1992

165. Rates and Charges (Rebates and Deferments)

Act 1992 amended

166.

Section 3 amended

167.

Section 4 repealed

168.

Section 27 amended

169.

Section 28 amended

170.

Section 31 amended

171.

Section 43 amended

172.

Section 44 amended

173.

Section 45 amended

Part 51 — Real Estate and Business

Agents Act 1978

174. Real Estate and Business Agents Act 1978

amended

175.

Section 72 amended

Acts Amendment (Equality of Status) Act 2003

Contents

176.	Section 117(5) amended	80
177.	The Schedule amended	80
Part 52 — *Retirement Villages*

Act 1992

178.	Retirement Villages Act 1992 amended	82
179.	Section 3 amended	82
Part 53 — *Settlement Agents Act 1981*
180.	Settlement Agents Act 1981 amended	83
181.	Section 53 amended	83
182.	Section 95(5) amended	83
183.	Schedule 1 amended	83
Part 54 — *Solicitor-General Act 1969*
184.	Solicitor-General Act 1969 amended	85
185.	Section 11 amended	85
Part 55 — *Stamp Act 1921*
186.	Stamp Act 1921 amended	86
187.	Section 4 amended	86
188.	Section 63AB amended	87
189.	Section 75AB amended	87
190.	Section 75C amended	88
191.	Section 75D amended	88
192.	Section 76 amended	89
193.	Section 112Q amended	90
Part 56 — *Strata Titles Act 1985*
194.	Strata Titles Act 1985 amended	91
195.	Section 6A amended	91
196.	Section 50A amended	91
Part 57 — *Supreme Court Act 1935*
197.	Supreme Court Act 1935 amended	92
198.	Section 11B amended	92
199.	Section 118 amended	92
200.	Section 141 amended	92

Acts Amendment (Equality of Status) Act 2003

Contents

Part 58 — Trustees Act 1962

201.	Trustees Act 1962 amended	93
202.	Section 61 amended	93
Part 59 — *Water Corporation*

Act 1995

203.	Water Corporation Act 1995 amended	94
204.	Schedule 2 amended	94
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

206.

Section 5 amended

Part 61 — Western Australian Land

Authority Act 1992

207. Western Australian Land Authority Act 1992

amended

208.

Schedule 1 amended

Part 62 — Wills Act 1970

209.

Wills Act 1970 amended

210.

Section 12 amended

211.

Section 13 repealed and application provision

212.

Section 31 amended

Part 63 — Workers’ Compensation

and Rehabilitation Act 1981

213. Workers’ Compensation and Rehabilitation

Act 1981 amended

214.

Section 5 amended

215.

Schedule 1 amended

100

216.

Schedule 5 amended

101

Acts Amendment (Equality of Status) Act 2003

Contents

Part 64 — Power to amend certain

regulations and rules

217.

Power to amend certain regulations and rules

103

Western Australia

Acts Amendment (Equality of Status) Act 2003

No. 28 of 2003

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.

[Assented to 22 May 2003]

The Parliament of Western Australia enacts as follows:

Acts Amendment (Equality of Status) Act 2003

Part 1	Preliminary
s. 1

Part 1 — Preliminary

1. Short title

This Act may be cited as the Acts Amendment (Equality of

Status) Act 2003.

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.

Acts Amendment (Equality of Status) Act 2003

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.]

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 —

“

“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 —

(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;
(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
(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.

”.

Acts Amendment (Equality of Status) Act 2003

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 ”.

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

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 ”.

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

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

Section 16 is amended by deleting “any surviving husband or

wife or any known relative” and inserting instead —

“ the senior next of kin ”.

Acts Amendment (Equality of Status) Act 2003

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.]

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,

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

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

”.

Acts Amendment (Equality of Status) Act 2003

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.

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 —

“

(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 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 —

“

(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

accordance with the regulations.

”.

Acts Amendment (Equality of Status) Act 2003

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

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.]

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” —

“ or de facto partner ”.

Acts Amendment (Equality of Status) Act 2003

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*.

[* 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

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 himself ” and inserting instead —

“

spouse or de facto partner of a contributory is himself

or herself

”;

(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 —

“ person or the person’s spouse or de facto partner ”;

(d)	by deleting “husband” and inserting instead —

“ person ”.

Acts Amendment (Equality of Status) Act 2003

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 ”.

Acts Amendment (Equality of Status) Act 2003

Part 7

Construction Industry Portable Paid Long Service Leave Act

Part 7 — Construction Industry Portable Paid Long

Service Leave Act 1985

22. Construction Industry Portable Paid Long Service Leave Act 1985 amended

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.]

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 —

“ a lump sum ”;

(c)	by deleting “years.” and inserting instead —

“

years,

shall be paid, as the Board thinks fit, to —

(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
(d)	the estate of the deceased employee.

”.

Acts Amendment (Equality of Status) Act 2003

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*.

[* 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 ”.

Acts Amendment (Equality of Status) Act 2003

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.

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 —

“

(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 who is of or over the age of 18 years;

(b)	a person who, immediately before the death, was the spouse of the person;

”.

Acts Amendment (Equality of Status) Act 2003

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*.

[* 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

deleting “de facto spouse” and inserting instead —

“ de facto partner ”.

Acts Amendment (Equality of Status) Act 2003

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.

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 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 —

“ or de facto partner ”.

Acts Amendment (Equality of Status) Act 2003

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

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.]

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, ”.

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:

(a)	by deleting “wife” in both places where it occurs and inserting instead —

“ spouse, de facto partner ”;

(b)	prisoner himself if and while he” and inserting

by deleting “him for support or for the benefit of the “

the prisoner for support, or for the benefit of the

prisoner if and while the prisoner

Acts Amendment (Equality of Status) Act 2003

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 where it occurs and inserting instead —
“ the prisoner ”.

Acts Amendment (Equality of Status) Act 2003

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*.

[* 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 follows:

(a)	by deleting paragraph (b) and inserting instead — “

(b)	any person who was the parent, grandparent or step-parent of the deceased;

”;

(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 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

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 —

Acts Amendment (Equality of Status) Act 2003

Part 13	Criminal Injuries Compensation Act 1985
s. 36
“ parent ”;

(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 inserting instead —

“ the parent’s ”;

(d)	by deleting “paternity” in both places where it occurs and inserting instead —

“ parentage ”.

(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.

”.

Acts Amendment (Equality of Status) Act 2003

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

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

definition of “responsible person” by inserting after “spouse” —

“ or de facto partner ”.

Acts Amendment (Equality of Status) Act 2003

Part 15

Criminal Property Confiscation Act 2000

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*.

[* 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” —

“ , 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

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 —

“ spouse or de facto partner ”.

Acts Amendment (Equality of Status) Act 2003

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*.

[* 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:

(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 —

“ that person’s estate; ”.

Acts Amendment (Equality of Status) Act 2003

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*.

[* 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:

(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’

”;

(b)	by deleting “his widow and children” and inserting instead —

“

a surviving spouse, de facto partner or child of a

Supreme Court Judge

”.

Acts Amendment (Equality of Status) Act 2003

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*.

[* 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:

(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 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 —

“ or de facto partner ”; and

(ii)

by inserting after “spouse” in the second place “ or de facto partner of a director ”.

Acts Amendment (Equality of Status) Act 2003

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.

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”.

(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
(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 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:

(a)	in paragraph (b) by deleting “widow or widower and” and inserting instead —

“ surviving spouse, de facto partner or ”;

Acts Amendment (Equality of Status) Act 2003

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

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 ”.

Acts Amendment (Equality of Status) Act 2003

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*.

[* 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

father” and inserting instead —

“ parents ”.

55. Section 5 amended

Section 5(2)(c)(v) is amended by deleting “pensions to

widows;” and inserting instead —

“

a pension to the spouse or a de facto

partner of the deceased,

”.

56. Section 6 amended

(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 and inserting instead —

“ parentage ”;

(c)	by inserting after “his” in both places where it occurs —

Acts Amendment (Equality of Status) Act 2003

Fatal Accidents Act 1959

Part 20

s. 57

“ or her ”.

(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 Act 1985.

”.

57. Schedule 2 amended

Schedule 2 is amended as follows:

(a)	by deleting paragraph (a) and inserting instead —

“

(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 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;

”;

(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 “

and

(g)

any person who was a former spouse or former deceased was legally obliged, immediately before

Acts Amendment (Equality of Status) Act 2003

Part 20	Fatal Accidents Act 1959
s. 57

his or her death, to make provision for with respect

to financial matters.

”.

Acts Amendment (Equality of Status) Act 2003

Firearms Act 1973

Part 21

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.

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

each place where it occurs and inserting instead —

“ de facto partner ”.

Acts Amendment (Equality of Status) Act 2003

Part 22	First Home Owner Grant Act 2000
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*.

[* 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:

(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 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;

”;

(b)	in the definition of “spouse” by deleting “given” and inserting instead —

“ affected ”.

62. Section 7 amended

(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 eligible transaction to which the application relates, the person is married to the applicant.

Acts Amendment (Equality of Status) Act 2003

First Home Owner Grant Act 2000

Part 22

”.

(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” —

“ 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” —
“ 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 ”.

Acts Amendment (Equality of Status) Act 2003

Part 23	Freedom of Information Act 1992
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*.

[* 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

appropriate alphabetical position —

“

“relative”, in relation to a person, includes a de facto

partner of a person;

”.

Acts Amendment (Equality of Status) Act 2003

Gold Corporation Act 1987

Part 24

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*.

[* 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:

(a)	in subclause (1) by deleting “spouse” and inserting instead —

“ spouse or de facto partner ”;

(b)	by deleting subclause (2).

Acts Amendment (Equality of Status) Act 2003

Part 25

Government Employees’ Housing Act 1964

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*.

[* 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” —

“ or de facto partner ”.

Acts Amendment (Equality of Status) Act 2003

Health Act 1911

Part 26

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.

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 —

“

“relative”, in relation to a person, includes a de facto

partner of the person;

”.

74. Section 147 amended

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 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 ”.

75. Section 159 amended

Section 159 is amended by deleting “wife or husband” and

inserting instead —

“ spouse or de facto partner ”.

Acts Amendment (Equality of Status) Act 2003

Part 26	Health Act 1911
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 ”.

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.

(3)

Schedule 5 is amended under the heading “Part II” by deleting

“302(3),”.

Acts Amendment (Equality of Status) Act 2003

Health Services (Conciliation and Review) Act 1995

Part 27

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

(Conciliation and Review) Act 1995*.

[* Reprinted as at 1 June 2001.]

79. Section 20 amended

After section 20(3) the following subsection is inserted —

“

(4)	In subsection (3) —
“relative”, in relation to a user, includes a de facto

partner of the user.

”.

Acts Amendment (Equality of Status) Act 2003

Part 28	Hospital Fund Act 1930
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*.

[* 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

deleting “wife” and inserting instead —

“ spouse, de facto partner ”.

82. Section 11 repealed

Section 11 is repealed.

Acts Amendment (Equality of Status) Act 2003

Housing Act 1980

Part 29

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.

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”.

(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 —

“

, de facto partner or deceased spouse or deceased

de facto partner

”.

Acts Amendment (Equality of Status) Act 2003

Part 30	Housing Loan Guarantee Act 1957
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*.

[* 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

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)

Acts Amendment (Equality of Status) Act 2003

Industrial Relations Act 1979

Part 31

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*.

[* 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

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

a mental disability” and inserting instead —

“

, or de facto partner, of the person with a

mental disability and has reached 18 years

of age

”.

Acts Amendment (Equality of Status) Act 2003

Part 32	Inheritance (Family and Dependants Provision) Act 1972
s. 91

Part 32 — Inheritance (Family and Dependants

Provision) Act 1972

91. Inheritance (Family and Dependants Provision) Act 1972 amended

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.]

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 Act 1985.

”.

Acts Amendment (Equality of Status) Act 2003

Judges’ Salaries and Pensions Act 1950

Part 33

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*.

[* 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

“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 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.

”.

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 allowances payable under this Act to and in respect of spouses, de facto partners and children of Judges and retired Judges.

”.

Acts Amendment (Equality of Status) Act 2003

Part 33	Judges’ Salaries and Pensions Act 1950
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 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:

(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 —

“

(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 —

“ 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 “

the spouse or de facto partner of such a Judge

or in respect of any eligible child of such a

Judge

”;

Acts Amendment (Equality of Status) Act 2003

Judges’ Salaries and Pensions Act 1950

Part 33

s. 98

(b)	eligible child of a Judge who dies prior to his

in paragraph (b) by deleting “widow or in respect of any “

spouse or de facto partner, or in respect of any

eligible child, of a Judge who dies prior to

retiring

”.

98. Section 14 amended

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 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

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 on the day the Judge dies; or
(b)	if the Judge died on or after 1 December 1987, 37.5% of current judicial salary.

Acts Amendment (Equality of Status) Act 2003

Part 33	Judges’ Salaries and Pensions Act 1950
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 —

(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 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.

(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,

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.

(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 instead —

“ his or her death a widow or ”;

Acts Amendment (Equality of Status) Act 2003

Judges’ Salaries and Pensions Act 1950

Part 33

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) —

(i) by inserting after “widow” in both places where it occurs —

“ or widower ”; and

(ii) by inserting after “her” —

“ or his ”.

(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 —

“ 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 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 ”.

(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 spouse or de facto partner of a particular Judge or former Judge, then

Acts Amendment (Equality of Status) Act 2003

Part 33	Judges’ Salaries and Pensions Act 1950
s. 99

each of those persons are entitled only to a share of the pension that

would be payable if there was only one spouse or de facto partner,

apportioned between them as is determined by the Minister.

”.

Acts Amendment (Equality of Status) Act 2003

Land Tax Assessment Act 2002	Part 34
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*.

[* 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 “

; or

(c)	by persons who have lived in a de facto relationship with each other for at least 2 years, whether or not they still live on that basis, at least one of whom uses it as his or her primary residence.

”.

Acts Amendment (Equality of Status) Act 2003

Part 35	Life Assurance Companies Act 1889
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*.

[* 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

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 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

”.

Acts Amendment (Equality of Status) Act 2003

Liquor Licensing Act 1988	Part 36
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*.

[* 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 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

(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 ”.
(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,

includes a de facto partner of the person.

”.

Acts Amendment (Equality of Status) Act 2003

Part 37	Local Courts Act 1904
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.

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 —

“ spouse or de facto partner ”.

Acts Amendment (Equality of Status) Act 2003

Local Government Act 1995	Part 38
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*.

[* 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:

(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 —

“ 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 ”.

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:

(a)	in paragraph (a) by inserting after “spouse” —

“ or de facto partner ”;

Acts Amendment (Equality of Status) Act 2003

Part 38	Local Government Act 1995
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.

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.

Acts Amendment (Equality of Status) Act 2003

Married Women’s Property Act 1892 and related amendments	Part 39
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

(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*.

[* 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

”.

(3)	Sections 2 and 3 are repealed and the following sections are inserted instead —

“

2. Doctrine of unity of spouses abolished

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

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.

Acts Amendment (Equality of Status) Act 2003

Part 39	Married Women’s Property Act 1892 and related amendments
s. 117

(3)	This section applies to a married person whether the person married before or after the commencement of this section.

”.

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

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*.
[* 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

2002.]

(2)	Section 32 is repealed.
(3)	Section 35 is repealed.
(4)	Section 377 is repealed.
(5)	Section 584(7) is repealed.

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.

Acts Amendment (Equality of Status) Act 2003

Married Women’s Property Act 1892 and related amendments	Part 39
s. 120

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 168 and Act No. 17 of 2002.]

(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”.

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.]

(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,

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

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

(1)	The amendments in this section are to the Motor Vehicle (Third Party Insurance) Act 1943*.

Acts Amendment (Equality of Status) Act 2003

Part 39	Married Women’s Property Act 1892 and related amendments
s. 123

[* 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.]

(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

(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

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.]
(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
(b)	continued to have effect after the commencement of section 31 of the Property Law Act 1969,

is of no effect.

Acts Amendment (Equality of Status) Act 2003

Married Women’s Property Act 1892 and related amendments	Part 39
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.

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

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

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.*
[* 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

(1)

The amendments in this section are to the Transfer of Land

Act 1893*.

[* Reprinted as at 9 February 2001.

Acts Amendment (Equality of Status) Act 2003

Part 39	Married Women’s Property Act 1892 and related amendments
s. 129

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 385.]

(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:

(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 appointment or disposition or to” and inserting instead —

“

create or execute any power of appointment or

disposition or

”.

(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

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

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

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

Acts Amendment (Equality of Status) Act 2003

Married Women’s Property Act 1892 and related amendments	Part 39
s. 130

certificate shall be deemed and received as sufficient evidence

of the due signature and acknowledgment by her of the

instrument therein referred to. Provided always that a married

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”.
(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.

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”.

Acts Amendment (Equality of Status) Act 2003

Part 40	Medical Act 1894
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.

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 —

“

(4)	In subsection (1) —
“relative”, in relation to a patient, includes a de facto

partner of the patient.

”.

Acts Amendment (Equality of Status) Act 2003

Members of Parliament (Financial Interests) Act 1992	Part 41
s. 133

Part 41 — Members of Parliament (Financial Interests)

Act 1992

133. Members of Parliament (Financial Interests) Act 1992 amended

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.]

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 —

“

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

”.

Acts Amendment (Equality of Status) Act 2003

Part 42	Mental Health Act 1996
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*.

[* 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:

(a)	in the definition of “relative” by inserting after “spouse,” —

“ de facto partner, ”;

(b)	by deleting the definition of “spouse”.

137. Section 193 amended

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:

(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 the official visitor” and inserting instead —

“ or de facto partner ”.

Acts Amendment (Equality of Status) Act 2003

Mine Workers’ Relief Act 1932	Part 43
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*.

[* 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:

(a)	in the definition of “dependants” by deleting “wife, widow until she remarries, father, mother, grandfather, grandmother, step-father, step-mother” and inserting instead —

“

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

”;

(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 —

(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:

(a)	by deleting “wife or a” and inserting instead —

Acts Amendment (Equality of Status) Act 2003

Part 43	Mine Workers’ Relief Act 1932
s. 141
“ spouse, de facto partner or ”;

(b)	by deleting “wife” in each of the other places where it occurs and inserting instead —

“ spouse, de facto partner ”.

141. Schedule 3 amended

(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

.............................1” and inserting instead —

“

(1)

Basic payment for a mine worker ..........................

(2)

Additional payment to a mine worker in respect

of —

(a)

the spouse or de facto partner of the mine

worker ............................................................

(b)

each child under 16 years of age, dependent

on the mine worker ........................................ de facto partner, of a mine worker .........................

(3)	Basic payment for surviving spouse or surviving

(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 .......................................

(5)

Payment for a parent of a mine worker who was

dependent on the mine worker immediately before

the worker’s death .................................................

(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 ..................

”.

Acts Amendment (Equality of Status) Act 2003

Mine Workers’ Relief Act 1932	Part 43
s. 141

(3)	Schedule 3 is amended as follows:

(a)	by inserting before “Notwithstanding” the clause designation —

“ 2. ”;

(b)	payment in respect of any child under 16 years” and

in paragraph (b) by deleting “widower, the additional “

mine worker who is a surviving spouse or surviving

de facto partner, the additional payment under

clause 1(2)(b)

”;

(c)	by deleting paragraph (c) and inserting the following paragraph instead —

“

(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;

”;

(d)

in paragraph (d) by deleting “in respect of a wife may be “

under clause 1(2)(a) may be paid to the spouse or

de facto partner of the mine worker

”;

(e)	in paragraph (e) —

(i) by deleting “widow, the benefits” and inserting instead —

“

surviving spouse or surviving de facto partner, the

payments under clause 1(4)

”;

and

Acts Amendment (Equality of Status) Act 2003

Part 43	Mine Workers’ Relief Act 1932
s. 141

(ii) by deleting “re-marriage of the widow” and inserting instead —

“

subsequent marriage of the spouse or de facto

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 occurs and inserting instead —

“

surviving spouse or surviving de facto partner

”;

and

(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 —

“

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 —

“

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.

”.

Acts Amendment (Equality of Status) Act 2003

Mine Workers’ Relief (Payments Authorisation) Act 1940	Part 44
s. 142

Part 44 — Mine Workers’ Relief (Payments

Authorisation) Act 1940

142. The Mine Workers’ Relief (Payments Authorisation) Act 1940 repealed

The Mine Workers’ Relief (Payments Authorisation) Act 1940 is

repealed.

Acts Amendment (Equality of Status) Act 2003

Part 45	Minimum Conditions of Employment Act 1993
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

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

spouse”.

145. Section 20A amended

Section 20A(2)(a) is amended by deleting “de facto spouse” and

inserting instead —

“ de facto partner ”.

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

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 ”;

Acts Amendment (Equality of Status) Act 2003

Minimum Conditions of Employment Act 1993	Part 45
s. 148

(b)	in the definition of “expected date of birth” by inserting after “spouse” —

“ or de facto partner ”;

(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

Section 33(3) is amended as follows:

(a)	by inserting after “spouse” —

“ or de facto partner ”;

(b)	by deleting “leave — ” and inserting instead —

“

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”;
(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” —

“ 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

occurs —

Acts Amendment (Equality of Status) Act 2003

Part 45	Minimum Conditions of Employment Act 1993
s. 150

“ or de facto partner ”.

Table

s. 33(1)(a) and (4), 35 and 36(1)

Acts Amendment (Equality of Status) Act 2003

Mining Act 1978ı	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.

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 —

“

(a)	an individual, if the person is —

(i) a spouse or de facto partner;

(ii)	a parent, grandparent or great- grandparent;

(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 by, or traced through marriage or a de facto

relationship, a written law or a natural

relationship;

”.

Acts Amendment (Equality of Status) Act 2003

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.

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 —

“

who, immediately before the death of a

deceased partner, was the spouse or de facto

partner of the partner, or who is the

”.

Acts Amendment (Equality of Status) Act 2003

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.

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.

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

de facto partner of the person.

”.

Acts Amendment (Equality of Status) Act 2003

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.]

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 ”;

(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 ”.

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

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)”.

Acts Amendment (Equality of Status) Act 2003

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 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, 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

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, ”.

Acts Amendment (Equality of Status) Act 2003

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

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.]

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 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 —

“ (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.

168. Section 27 amended

Section 27(5) is amended by inserting after “spouse” in each

place where it occurs —

Acts Amendment (Equality of Status) Act 2003

Rates and Charges (Rebates and Deferments) Act 1992	Part 50
s. 169

“ or de facto partner ”.

169. Section 28 amended

(1)	Section 28(3) is amended by inserting after “spouse” in both places where it occurs —
“ or de facto partner ”.
(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 —

“ partners ”.

171. Section 43 amended

Section 43(4)(a) is amended by inserting after “spouse” —

“ or de facto partner ”.

172. Section 44 amended

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 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 ”.

Acts Amendment (Equality of Status) Act 2003

Part 51

Real Estate and Business Agents Act 1978

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*.

[* 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

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 ”.

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 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 —

“ 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

Acts Amendment (Equality of Status) Act 2003

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 —

(a)	deceased licensee, or who was not the spouse or

an executor, administrator, trustee or child of a of a deceased licensee immediately before the death of the licensee; or

(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

”.

Acts Amendment (Equality of Status) Act 2003

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*.

[* 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:

(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” —

“ or de facto partner ”;

(c)	by deleting the definition of “spouse”.

Acts Amendment (Equality of Status) Act 2003

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*.

[* 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

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 ”.

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 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 —

“

, 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),

”.

Acts Amendment (Equality of Status) Act 2003

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

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 —

(a)	deceased licensee, or who was not the spouse or de facto partner, within the meaning of

an executor, administrator, trustee or child of a deceased licensee immediately before the licensee’s 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,

may

”.

Acts Amendment (Equality of Status) Act 2003

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*.

[* 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:

(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

Solicitor-General

”;

(b)	by deleting “his widow and children after his death” in the second place where it occurs and inserting instead —

“

a surviving spouse, de facto partner or child of such a

Judge after the death of the Judge

”.

Acts Amendment (Equality of Status) Act 2003

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.

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

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

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 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,

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;

”.

Acts Amendment (Equality of Status) Act 2003

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 “spouse” —
“ or de facto partner ”.
(3)	Section 63AB(6)(d) is deleted and the following paragraphs are inserted instead —

“

(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

reputed father” and inserting instead —

“ that person’s parents ”.

(5)

Section 63AB(7)(b) is deleted and the following paragraph is

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 written law;

”.

189. Section 75AB amended

Section 75AB is amended by inserting after “widows” —

“ , widowers, surviving de facto partners of 2 years ”.

Acts Amendment (Equality of Status) Act 2003

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 —

“ 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

(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 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),

”.

(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

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 written law.

”.

Acts Amendment (Equality of Status) Act 2003

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 ”.

(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;

(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” —
“ , 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 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 written law;

”.

Acts Amendment (Equality of Status) Act 2003

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 —

“

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

”.

Acts Amendment (Equality of Status) Act 2003

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.

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 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” —

“ or de facto partner ”.

Acts Amendment (Equality of Status) Act 2003

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*.

[* 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:

(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

”;

(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

Judge after the Judges’

”.

199. Section 118 amended

Section 118(2)(b) is amended by deleting “wife” and inserting

instead —

“ spouse or de facto partner ”.

200. Section 141 amended

Section 141(2)(b) is deleted.

Acts Amendment (Equality of Status) Act 2003

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.]

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 ”;

(b)	in paragraph (b) by deleting “wife or husband” and inserting instead —

“ spouse or de facto partner ”.

Acts Amendment (Equality of Status) Act 2003

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*.

[* 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

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

(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 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 ”.

Acts Amendment (Equality of Status) Act 2003

Western Australian Aged Sailors, Soldiers and Airmen’s Relief	Part 60
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

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

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

de facto partner of that person. Provided always that

the person for whom the benefit is applied

”.

Acts Amendment (Equality of Status) Act 2003

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*.

[* 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

“spouse,” —

“ de facto partner, ”.

Acts Amendment (Equality of Status) Act 2003

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.

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 ”.

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

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 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 ”.

(2)	Section 31(2)(b) is amended as follows:

(a)	by deleting “father and mother” and inserting instead —

“ parents ”;

Acts Amendment (Equality of Status) Act 2003

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 —

“ parentage ”;

(ii) by deleting “father” and inserting instead —

“ parent ”; and

(iii) by inserting after “his” —

“ or her ”;

(d)	in subparagraph (ii) —

(i) by deleting “father” and inserting instead —

“ parent ”; and

(ii) by deleting “paternity” and inserting instead —

“ parentage ”.

Acts Amendment (Equality of Status) Act 2003

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

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:

(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 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 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

with respect to financial matters;

”;

(b)	in the definition of “member of a family” —

(i)

by deleting “father, mother, grandfather, inserting instead —

“

de facto partner, parent, grandparent, step-parent

Acts Amendment (Equality of Status) Act 2003

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 —

“

who have at least one parent in common with the

worker

”;

(c)	by deleting the definition of “spouse” and inserting 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 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

Schedule 1 is amended as follows:

(a)

in clause 1(1)(b) by deleting “or parent or a spouse and “

, de facto partner or parent, or more than one of

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 where it occurs —

“ , de facto partner ”.

Acts Amendment (Equality of Status) Act 2003

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” —

“ 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 —

“

(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 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 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 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 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

of support suffered by them, which

Acts Amendment (Equality of Status) Act 2003

Workers’ Compensation and Rehabilitation Act 1981

s. 216

apportionment is to be determined by a

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 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 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 according to the respective financial losses of support suffered by them, which apportionment is to be determined by a dispute resolution body;

”.

Acts Amendment (Equality of Status) Act 2003

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, 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 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

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.