Regulations Variation (Domestic Partners) Regulations 2007 (SA)

Case

South Australia

Regulations Variation (Domestic Partners) Regulations 2007

under the Citrus Industry Act 2005, the City of Adelaide Act 1998, the Co-operatives Act 1997, the Cremation Act 2000, the Development Act 1993, the Education Act 1972, the Emergency Services Funding Act 1998, the Employment Agents Registration Act 1993, the Explosives Act 1936, the First Home Owner Grant Act 2000, the Fisheries Act 1982, the Guardianship and Administration Act 1993, the Land and Business (Sale and Conveyancing) Act 1994, the Maralinga Tjarutja Land Rights Act 1984, the Public Trustee Act 1995, the Rates and Land Tax Remission Act 1986, the Retail and Commercial Leases Act 1995 and the Technical and Further Education Act 1975

Contents

Part 1—Preliminary

  1. Short title

  2. Commencement

  3. Variation provisions

Part 2—Variation of Citrus Industry Regulations 2005

  1. Variation of regulation 9—Conflict of interest over appointments

Part 3—Variation of City of Adelaide (Members Allowances and Benefits) Regulations 1998

  1. Variation of regulation 3—Interpretation

Part 4—Variation of Co-operatives Regulations 1997

  1. Variation of Schedule 3—Prescribed information relating to proposed compromise or arrangement

Part 5—Variation of Cremation Regulations 2001

  1. Variation of regulation 4—Interpretation

  2. Regulation 6—Application for cremation permit

Part 6—Variation of Development Regulations 1993

  1. Variation of Schedule 26—Register of interest—Primary return

  2. Variation of Schedule 27—Register of interest—Ordinary return

Part 7—Variation of Education Regulations 1997

  1. Variation of regulation 4—Interpretation

  2. Variation of regulation 30—Removal expenses

Part 8—Variation of Emergency Services Funding (Remissions—Land) Regulations 2000

  1. Variation of regulation 4—Interpretation

  2. Variation of regulation 9—Further remission in respect of principal place of residence

Part 9—Variation of Employment Agents Registration Regulations 1995

  1. Variation of regulation 3—Interpretation

  2. Variation of regulation 6—Application for licence

Part 10—Variation of Explosives (Security Sensitive Substances) Regulations 2006

  1. Variation of regulation 3—Interpretation

Part 11—Variation of First Home Owner Grant Regulations 2000

  1. Variation of regulation 4—Recognition of non‑conforming interest as relevant interest (section 5(4))

Part 12—Variation of Fisheries (Scheme of Management—Marine Scalefish Fisheries) Regulations 2006

  1. Variation of regulation 3—Interpretation

  2. Variation of regulation 10—Transfer of licences between family members

Part 13—Guardianship and Administration Regulations 1995

  1. Variation of regulation 8—Limits on expenditure by administrators (section 39)

Part 14—Variation of Land and Business (Sale and Conveyancing) Regulations 1995

  1. Variation of regulation 3—Interpretation

  2. Variation of regulation 17—Circumstances in which conveyancer may act for both parties

Part 15—Variation of Maralinga Tjarutja Land Rights (Establishment of Co-management Board) Regulations 2004

  1. Variation of regulation 3—Interpretation

  2. Variation of regulation 14—Conflict of interest

Part 16—Variation of Public Trustee Regulations 1995

  1. Variation of Schedule 2—Commission and fees

Part 17—Variation of Rates and Land Tax Remission Regulations 2005

  1. Variation of regulation 3—Interpretation

  2. Variation of regulation 4—Criteria for entitlement to remission

Part 18—Variation of Retail and Commercial Leases Regulations 1995

  1. Variation of regulation 3—Preliminary

  2. Variation of regulation 6—Minimum 5 year term

Part 19—Variation of Technical and Further Education Regulations 1999

  1. Variation of regulation 4—Interpretation

  2. Variation of regulation 30—Removal expenses

  3. Variation of regulation 57

Part 1—Preliminary

1—Short title

These regulations may be cited as the Regulations Variation (Domestic Partners) Regulations 2007.

2—Commencement

These regulations will come into operation on 1 June 2007.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Citrus Industry Regulations 2005

4—Variation of regulation 9—Conflict of interest over appointments

  1. Regulation 9(6)(e)—after "spouse," insert:

    domestic partner,

  2. Regulation 9(7), definition of spouse—delete the definition and substitute:

    domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;

    spouse—a person is the spouse of another if they are legally married.

Part 3—Variation of City of Adelaide (Members Allowances and Benefits) Regulations 1998

5—Variation of regulation 3—Interpretation

  1. Regulation 3—after the definition of Act insert:

    close personal relationship means the relationship between 2 adult persons (whether or not related by family and irrespective of their gender) who live together as a couple on a genuine domestic basis, but does not include—

    (a)the relationship between a legally married couple; or

    (b)a relationship where 1 of the persons provides the other with domestic support or personal care (or both) for fee or reward, or on behalf of some other person or an organisation of whatever kind;

    Note—

    Two persons may live together as a couple on a genuine domestic basis whether or not a sexual relationship exists, or has ever existed, between them.

    domestic partner—a person is the domestic partner of another if he or she lives with the other in a close personal relationship;

  2. Regulation 3, definition of relative, (a)—after "spouse" insert:

    or domestic partner

  3. Regulation 3, definition of spouse—delete the definition and substitute:

    spouse—a person is the spouse of another if they are legally married.

Part 4—Variation of Co-operatives Regulations 1997

6—Variation of Schedule 3—Prescribed information relating to proposed compromise or arrangement

  1. Schedule 3, clause 1, definition of internal creditor, (b)—delete "or spouse" and substitute:

    , spouse or domestic partner

  2. Schedule 3, clause 1, definition of internal creditor, (c)—after "spouse" insert:

    or domestic partner

Part 5—Variation of Cremation Regulations 2001

7—Variation of regulation 4—Interpretation

Regulation 4(1), definition of near relative, (a)—after "spouse" insert:

or domestic partner

8—Regulation 6—Application for cremation permit

Regulation 6(c)(i)(E)—after "spouse," insert:

domestic partner,

Part 6—Variation of Development Regulations 1993

9—Variation of Schedule 26—Register of interest—Primary return

Schedule 26, Instructions/notes, 4—after "spouse" insert:

or domestic partner

10—Variation of Schedule 27—Register of interest—Ordinary return

Schedule 27, Instructions/notes, 4—after "spouse" insert:

or domestic partner

Part 7—Variation of Education Regulations 1997

11—Variation of regulation 4—Interpretation

  1. Regulation 4(1)—after the definition of approved insert:

    domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;

  2. Regulation 4(1)—after the definition of special school, centre or class insert:

    spouse—a person is the spouse of another if they are legally married;

12—Variation of regulation 30—Removal expenses

Regulation 30(3)—after "spouse" insert:

or domestic partner

Part 8—Variation of Emergency Services Funding (Remissions—Land) Regulations 2000

13—Variation of regulation 4—Interpretation

  1. Regulation 4—after the definition of commercial land insert:

    domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;

  2. Regulation 4, definition of married couple—delete the definition

14—Variation of regulation 9—Further remission in respect of principal place of residence

  1. Regulation 9(4)—after "married couple" wherever occurring insert:

    or domestic partnership

  2. Regulation 9(5)—after "married couple" insert:

    or domestic partnership

Part 9—Variation of Employment Agents Registration Regulations 1995

15—Variation of regulation 3—Interpretation

Regulation 3—after the definition of Act insert:

domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;

spouse—a person is the spouse of another if they are legally married.

16—Variation of regulation 6—Application for licence

Regulation 6(2)(e)—delete "de facto spouse" and substitute:

domestic partner

Part 10—Variation of Explosives (Security Sensitive Substances) Regulations 2006

17—Variation of regulation 3—Interpretation

  1. Regulation 3(1), after the definition of compatibility group—insert:

    domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;

  2. Regulation 3(1), definition of spouse—delete the definition and substitute:

    spouse—a person is the spouse of another if they are legally married;

  3. Regulation 3(2)(a)—after "spouse," insert:

    domestic partner,

Part 11—Variation of First Home Owner Grant Regulations 2000

18—Variation of regulation 4—Recognition of non‑conforming interest as relevant interest (section 5(4))

Regulation 4(2), definition of relative—after "spouse" wherever occurring insert:

or domestic partner

Part 12—Variation of Fisheries (Scheme of Management—Marine Scalefish Fisheries) Regulations 2006

19—Variation of regulation 3—Interpretation

  1. Regulation 3(1)—after the definition of Department insert:

    domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;

  2. Regulation 3(1), definition of spouse—delete the definition and substitute:

    spouse—a person is the spouse of another if they are legally married.

20—Variation of regulation 10—Transfer of licences between family members

  1. Regulation 10(a)—after "spouse" insert:

    or domestic partner

  2. Regulation 10(e)—after "spouse" insert:

    or domestic partner

Part 13—Guardianship and Administration Regulations 1995

21—Variation of regulation 8—Limits on expenditure by administrators (section 39)

Regulation 8(1)(c)—after "spouse" insert:

or domestic partner

Part 14—Variation of Land and Business (Sale and Conveyancing) Regulations 1995

22—Variation of regulation 3—Interpretation

Regulation 3(1)—after the definition of council insert:

domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not.

23—Variation of regulation 17—Circumstances in which conveyancer may act for both parties

Regulation 17(1)(a)(ii)—delete subparagraph (ii) and substitute:

(ii)are domestic partners 1 of the other; or

Part 15—Variation of Maralinga Tjarutja Land Rights (Establishment of Co-management Board) Regulations 2004

24—Variation of regulation 3—Interpretation

  1. Regulation 3—delete "this Part" and substitute:

    these regulations

  2. Regulation 3—after the definition of Department insert:

    domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;

  3. Regulation 3—after the definition of Pila Nguru (Aboriginal Corporation) insert:

    spouse—a person is the spouse of another if they are legally married.

25—Variation of regulation 14—Conflict of interest

Regulation 14(8)(b)—delete paragraph (b) and substitute:

(b)1 is the spouse, domestic partner, parent or child of the other; or

Part 16—Variation of Public Trustee Regulations 1995

26—Variation of Schedule 2—Commission and fees

  1. Schedule 2, Part 1, clause 1(3)—after "spouse" insert:

    or domestic partner

  2. Schedule 2, Part 1, clause 1(3)(a)—delete paragraph (a) and substitute:

    (a)a home formerly shared by the spouses or domestic partners; or

  3. Schedule 2, Part 1, clause 1(3)—delete "spouse's share of the matrimonial home and household furniture and effects" and substitute:

    share of the home and household furniture and effects of the spouse or domestic partner

Part 17—Variation of Rates and Land Tax Remission Regulations 2005

27—Variation of regulation 3—Interpretation

Regulation 3, definition of married couple—delete the definition and substitute:

domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;

28—Variation of regulation 4—Criteria for entitlement to remission

  1. Regulation 4(4)—after "married couple" wherever occurring insert:

    or domestic partnership

  2. Regulation 4(5)—after "married couple" insert:

    or domestic partnership

Part 18—Variation of Retail and Commercial Leases Regulations 1995

29—Variation of regulation 3—Preliminary

Regulation 3(1)—after the definition of the Act insert:

domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;

spouse—a person is the spouse of another if they are legally married.

30—Variation of regulation 6—Minimum 5 year term

  1. Regulation 6(2)(c)—after "spouse," first occurring insert:

    domestic partner,

  2. Regulation 6(2)(c)—after "spouse" second occurring insert:

    or domestic partner

Part 19—Variation of Technical and Further Education Regulations 1999

31—Variation of regulation 4—Interpretation

  1. Regulation 4—after the definition of director insert:

    domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;

  2. Regulation 4—after the definition of the previous regulations insert:

    spouse—a person is the spouse of another if they are legally married;

32—Variation of regulation 30—Removal expenses

  1. Regulation 30(4)—delete "or his or her surviving spouse" and substitute:

    , or his or her surviving spouse or domestic partner,

  2. Regulation 30(4)—after "spouse" second occurring insert:

    or domestic partner

33—Variation of regulation 57

Regulation 57(11)—after "spouse" wherever occurring insert:

or domestic partner

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor's Deputy

with the advice and consent of the Executive Council

on 26 April 2007

No 51 of 2007

AGO0021/07CS

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