House of Representatives

Explanatory Memorandum

Circulated By the Authority of the Attorney-General, the Hon Robert Mcclelland Mp

Schedule 1 - Agriculture, Fisheries and Forestry amendments

91 This Schedule contains amendments to the Australian Meat and Live-stock Industry Act 1997 and the Farm Household Support Act 1992 (within the Agriculture, Fisheries and Forestry portfolio) to remove differential treatment of same-sex couples and their children.

Australian Meat and Live-stock Industry Act 1997

92 The Australian Meat and Live-stock Industry Act 1997 (the AMLI Act) formalises the structural arrangements of the red meat and livestock industry.

Item 1

93 This item repeals paragraph (b) of the definition of 'associate' in section 3 of the AMLI Act, which provides that an associate includes the subject person's spouse or de facto spouse. The item inserts a new paragraph (b) providing that an associate includes a person's spouse or 'de facto partner' within the meaning of the Acts Interpretation Act. A description of the definition of 'de facto partner' can be found in the Key Concepts and Definitions section of this Explanatory Memorandum.

94 The definition of 'associate' is relevant to section 25A of the AMLI Act. If the Secretary refuses to grant or renew a licence to a person or suspends or cancels an existing licence, he or she can also take action in relation to the licence of an associate of a person against whom such action was taken.

Farm Household Support Act 1992

95 The Farm Household Support Act 1992 (the FHS Act) regulates the provision of income support and advice to farmers who may not have a long term productive, sustainable and profitable future in the sector, the provision of financial incentives to farmers to leave farming, and the provision of relief payments to farmers who are in exceptional circumstances and to certain small business operators.

Item 2

96 Subsection 12(3) of the FHS Act provides that an armed services widow who receives a pension under Part II or IV of the Veteran's Entitlements Act 1986 is not eligible for farm household support, exceptional circumstances relief payment or farm help income support unless she has been receiving this benefit continuously since 1 November 1986, and was also receiving a social security benefit before that date. 'Armed services widow' is not defined in the Act, and therefore the term 'widow' may take its ordinary meaning, which only relates to married couples. This discriminates against same-sex and opposite-sex de facto couples.

97 Subsection 3(1) of the FHS Act provides a list of terms which have the same meaning as in the Social Security Act 1991 . The item adds the term 'armed services widow' to this list. This removes discrimination because the term is defined in a non-discriminatory way in the Social Security Act.

Item 3

98 Sub-section 12(4) of the FHS Act provides that an armed services widower who receives a pension under Part II or IV of the Veteran's Entitlements Act 1986 is not eligible for farm household support, exceptional circumstances relief payment or farm help income. 'Armed services widower' is not defined in the Act, and therefore the term 'widower' may take its ordinary meaning, which only relates to married couples. This discriminates against same-sex and opposite-sex de facto couples.

99 Subsection 3(1) of the FHS Act provides a list of terms which have the same meaning as in the Social Security Act. The item adds the term 'armed services widower' to this list. This removes discrimination because the term is defined in a non-discriminatory way in the Social Security Act.