Miscellaneous Acts Amendment (Marriages) Act 2018 (NSW)

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An Act to amend certain legislation consequent on the commencement of the Marriage Amendment (Definition and Religious Freedoms) Act 2017 of the Commonwealth; and for related purposes.

1Name of Act

This Act is the Miscellaneous Acts Amendment (Marriages) Act 2018.

2Commencement

This Act commences on the date of assent to this Act.

Schedule 1Amendment of certain legislation dealing with terms relating to marriageAboriginal Land Rights Regulation 2014[1]Clause 61 Errors not to forfeit vote

Omit “A female elector” from clause 61 (2). Insert instead “An elector”.

[2]Clause 61 (2)

Omit “her”. Insert instead “the elector’s”.

Anatomy Act 1977 No 126

Omit section 4 (2) (d) (i). Insert instead:

  • (i)

    a person to whom the person is legally married (including a husband or wife of the person), or

  • Anti-Discrimination Act 1977 No 48

    Omit paragraph (a) of the definition of spouse in section 49S (3). Insert instead:

  • (a)

    a person to whom the person is legally married (including a husband or wife of the person), or

  • Assisted Reproductive Technology Act 2007 No 69

    Omit paragraph (a) of the definition of spouse in section 4 (1). Insert instead:

  • (a)

    a person to whom the person is legally married (including a husband or wife of the person), or

  • Building Professionals Act 2005 No 115[1]Sections 68 (e) and 83 (4)

    Omit “(whether of the same or the opposite sex)” wherever occurring.

    [2]Section 83 Disclosure and misuse of information

    Insert at the end of the section:

    Note—

    De facto partner is defined in section 21C of the Interpretation Act 1987.

    Children and Young Persons (Care and Protection) Act 1998 No 157

    Omit section 3 (2) (a). Insert instead:

  • (a)

    a person to whom the person is legally married (including a husband or wife of the person), or

  • Civil and Administrative Tribunal Regulation 2013

    Omit paragraph (b) (i) of the definition of eligible pensioner. Insert instead:

  • (i)

    the surviving spouse (including widow or widower) of a member of the Australian Defence Force or Peacekeeping Forces, or

  • Civil Liability Act 2002 No 22[1]Section 15B Damages for loss of capacity to provide domestic services

    Omit paragraph (a) (i) of the definition of dependants in section 15B (1). Insert instead:

  • (i)

    the person to whom the claimant is legally married (including a husband or wife of the claimant),

  • [2]Section 30 Limitation on recovery for pure mental harm arising from shock

    Omit paragraph (a) of the definition of spouse or partner in section 30 (5). Insert instead:

  • (a)

    the person to whom the victim is legally married (including the husband or wife of the victim), or

  • Coal and Oil Shale Mine Workers (Superannuation) Act 1941 No 45

    Omit “of the opposite sex” from clause 27 (9).

    Compensation to Relatives Act 1897 No 31

    Omit section 7 (4) (a). Insert instead:

  • (a)

    the person to whom a person is legally married (including the husband or wife of a person), or

  • Coroners Act 2009 No 41[1]

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    Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.