The amendments related to definitions of the words "de facto relationship" and "beneficiary relationship" to remove discrimination against same-sex couples. Australian Democrats Senator Andrew Murray explained that:
(1) Schedule 5, page 98 (after line 17), before item 27, insert:
26A Subsection 10(2)
Insert:
de facto relationship means a relationship between two people living together as a couple on a genuine domestic basis, where the relationship is not a marital relationship:
(a) in determining whether two people are in a de facto relationship, the circumstances of the relationship must be considered as a whole. Without limiting the generality of this paragraph, those circumstances may include:
(i) the length of their relationship;
(ii) how long and under what circumstances they have lived together;
(iii) whether there is a sexual relationship between them;
(iv) their degree of financial dependence or interdependence, and any arrangements for financial support, between or by them;
(v) the ownership, use and acquisition of their property, including any property that they own individually;
(vi) their degree of mutual commitment to a shared life;
(vii) whether they mutually care for and support children;
(viii) the performance of household duties;
(ix) the reputation, and public aspects, of the relationship between them;
(x) the existence of a statutory declaration signed by both persons stating that they regard themselves to be in a de facto relationship with the other person;
(b) a de facto relationship may be between two people of the same gender.
Note: A person in a marital relationship is taken to be legally married - see subsection 8A(2) of the Superannuation Act 1976.
(2) Schedule 7, page 112 (after line 26), after item 65, insert:
65A Subsection 995-1
Insert:
beneficiary relationship for the purposes of this Act, a person had a beneficiary relationship with another person at a particular time if the person has a marital or de facto relationship with the person and ordinarily lived with that other person on a permanent and bona fide domestic basis at that time.
65B Subsection 995-1(1)
Insert:
de facto relationship means a relationship between two people living together as a couple on a genuine domestic basis, where the relationship is not a marital relationship:
(a) in determining whether two people are in a de facto relationship, the circumstances of the relationship must be considered as a whole. Without limiting the generality of this paragraph, those circumstances may include:
(i) the length of their relationship;
(ii) how long and under what circumstances they have lived together;
(iii) whether there is a sexual relationship between them;
(iv) their degree of financial dependence or interdependence, and any arrangements for financial support, between or by them;
(v) the ownership, use and acquisition of their property, including any property that they own individually;
(vi) their degree of mutual commitment to a shared life;
(vii) whether they mutually care for and support children;
(viii) the performance of household duties;
(ix) the reputation, and public aspects, of the relationship between them;
(x) the existence of a statutory declaration signed by both persons stating that they regard themselves to be in a de facto relationship with the other person;
(b) a de facto relationship may be between two people of the same gender;
(c) to avoid doubt, two people may still be in a de facto relationship if they are living apart from each other on a temporary basis.
65C Subsection 995-1(1)
At the end of the definition of spouse, add “and includes a person who is in a beneficiary relationship”.
