House of Representatives

Explanatory Memorandum

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

Notes on clauses

Clause 1 - Short title

48 Clause 1 provides for the Act to be cited as the Same-Sex Relationships (Equal Treatment in Commonwealth Laws - General Law Reform) Act 2008 .

Clause 2 - Commencement

49 Clause 2 provides for the commencement of the Act.

50 Subclause 2(1) provides that each provision of the Act specified in column 1 of the table set out in the subclause commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

51 The note at the end of the table explains that the table relates only to the provisions of the Act as originally passed by both Houses of the Parliament and assented to. The table will not be expanded to deal with provisions inserted in the Act after assent.

52 Subclause 2(2) provides that column 3 of the table contains additional information that is not part of the Act. It also clarifies that information in column 3 may be added or edited in any published version of the Act.

53 Item 1 of the table provides that clauses 1 to 3 will commence on the day on which the Act receives Royal Assent.

54 Item 2 of the table provides that Schedule 1 to the Bill will commence on the day after the Act receives Royal Assent.

55 Item 3 of the table provides that Schedule 2, Part 1 to the Bill will commence on the day after the Act receives Royal Assent.

56 Item 4 of the table provides that Schedule 2, Items 2 and 3 will commence at the same time as the provisions covered by Item 28 of the table because it is a related amendment. Item 28 will commence on 1 July 2009.

57 Item 5 of the table provides that Schedule 2, Items 4 to 23 will commence on the day after the Act receives Royal Assent.

58 Item 6 of the table provides that Schedule 2, Item 24 will commence on either the start of the day after the Act receives Royal Assent or immediately after the commencement of Item 13 of Schedule 2 to the Family Law (De facto Financial Matters and Other Measures) Act 2008 whichever is the latter. This is because the Family Law (De facto Financial Matters and Other Measures) Bill 2008 is currently before the Parliament.

59 Item 7 of the table provides that Schedule 2, Item 25 will commence on the day after the Act receives Royal Assent.

60 Item 8 of the table provides that Schedule 2, Item 26 will commence on either the start of the day after the Act receives Royal Assent or immediately after the commencement of Item 13 of Schedule 2 to the Family Law (De facto Financial Matters and Other Measures) Act 2008 whichever is the latter. This is because the Family Law (De facto Financial Matters and Other Measures) Bill 2008 is currently before the Parliament.

61 Item 9 of the table provides that Schedule 2, Item 27 will commence on the day after the Act receives Royal Assent.

62 Item 10 of the table provides that Schedule 2, Item 28 will commence on either the start of the day after the Act receives Royal Assent or immediately after the commencement of Item 13 of Schedule 2 to the Family Law (De facto Financial Matters and Other Measures) Act 2008 whichever is the latter. This is because the Family Law (De facto Financial Matters and Other Measures) Bill 2008 is currently before the Parliament.

63 Item 11 of the table provides that that Schedule 2, Items 29 to 86 will commence on the day after the Act receives Royal Assent.

64 Item 12 of the table provides that that Schedule 3, 4, and 5 will commence on the day after the Act receives Royal Assent.

65 Item 13 of the table provides that Schedule 6, Part 1 will commence on the day after the Act receives Royal Assent.

66 Item 14 of the table provides that that Schedule 6, Part 2 will commence on 1 July 2009.

67 Item 15 of the table provides that that Schedule 7, Items 1 to 7 will commence three months after the day on which the Act receives Royal Assent.

68 Item 16 of the table provides that that Schedule 7, Items 8 to 55 will commence on the day after the Act receives Royal Assent.

69 Item 17 of the table provides that that Schedule 7, Part 3 will commence on the day after the Act receives Royal Assent. However, if Schedule 1 to the Same-Sex Relationships (Equal Treatment in Commonwealth Laws - Superannuation) Act 2008 does not commence on or before the day after the Act receives Royal Assent, the provision(s) do not commence at all. This is because the Bill is drafted to operate in different ways depending on whether Schedule 1 to the Same-sex Relationships (Equal Treatment in Commonwealth Laws - Superannuation) Act 2008 does not commence on or before the day after the Act receives Royal Assent, or does so commence (see the next item).

70 Item 18 of the table provides that that Schedule 7, Part 4, Item 58 will commence on the day after the Act receives Royal Assent. However, if Schedule 1 to the Same-Sex Relationships (Equal Treatment in Commonwealth Laws - Superannuation) Act 2008 commences on or before the day after the Act receives Royal Assent, the provision(s) do not commence at all.

71 Item 19 of the table provides that Schedule 7, Part 4, Item 59 will commence immediately after the commencement of Schedule 1 to the Same-Sex Relationships (Equal Treatment in Commonwealth Laws - Superannuation) Act 2008 . However, if Schedule 1 to the Same-Sex Relationships (Equal Treatment in Commonwealth Laws - Superannuation) Act 2008 commences on or before the day after the Act receives Royal Assent, the provision(s) do not commence at all.

72 Item 20 of the table provides that Schedule 7, Part 4, Item 60 will commence the day after the Act receives Royal Assent. However, if Schedule 1 to the Same-Sex Relationships (Equal Treatment in Commonwealth Laws - Superannuation) Act 2008 commences on or before the day after the Act receives Royal Assent, the provision(s) do not commence at all.

73 Item 21 of the table provides that Schedule 7, Part 4, Item 61 will commence immediately after the commencement of Schedule 1 to the Same-Sex Relationships (Equal Treatment in Commonwealth Laws - Superannuation) Act 2008 . However, if Schedule 1 to the Same-Sex Relationships (Equal Treatment in Commonwealth Laws - Superannuation) Act 2008 commences on or before the day after the Act receives Royal Assent, the provision(s) do not commence at all.

74 Item 22 of the table provides that that Schedule 8, Part 1 to the Bill will commence on 1 July 2009.

75 Item 23 of the table provides that Schedule 8, Part 2 to the Bill will commence on the day after the Act receives Royal Assent.

76 Item 24 of the table provides that Schedule 9, Part 1 to the Bill will commence on the day after the Act receives Royal Assent.

77 Item 25 of the table provides that Schedule 9, Part 2 to the Bill will commence on 1 January 2009.

78 Item 26 of the table provides that Schedule 9, Part 3 to the Bill commences on 1 July 2009.

79 Item 27 of the table provides that Schedule 10, Part 1 to the Bill will commence on a day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which the Act receives Royal Assent, they commence on the first day after the end of that period.

80 Item 28 of the table provides that Schedule 10, Parts 2 and 3 to the Bill will commence on 1 July 2009.

81 Item 29 of the table provides that Schedule 10, Part 4 to the Bill will commence on a day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which the Act receives Royal Assent, they commence on the first day after the end of that period.

82 Item 30 of the table provides that Schedule 11, Part 1 to the Bill will commence either on the start of the day after the Act receives Royal Assent or immediately after the commencement of Schedule 2 to the Civil Aviation Legislation Amendment (1999 Montreal Convention and Other Amendments) Act 2008 whichever the latter.

83 Item 31 of the table provides that Schedule 11, Part 2 to the Bill will commence on the day after the Act receives Royal Assent. However, the provision(s) do not commence at all if Schedule 2 to the Civil Aviation Legislation Amendment (1999 Montreal Convention and Other Amendments) Act 2008 does not commence on or before the day after the Act receives Royal Assent.

84 Item 32 of the table provides that Schedule 11, Part 3 to the Bill will commence on the day after the Act receives Royal Assent. However, the provision(s) do not commence at all if Schedule 2 to the Civil Aviation Legislation Amendment (1999 Montreal Convention and Other Amendments) Act 2008 commences on or before the day after the Act receives Royal Assent.

85 Item 33 of the table provides that Schedule 11, Part 4 to the Bill will commence on the day after the Act receives Royal Assent.

86 Item 34 of the table provides that Schedule 11, Part 4 to the Bill will commence on the day after the Act receives Royal Assent.

87 Item 35 of the table provides that Schedule 13 to the Bill will commence on 1 July 2009.

88 Item 36 of the table provides that Schedule 14 to the Bill will commence on the day after the Act receives Royal Assent.

89 Item 37 of the table provides that Schedule 15 to the Bill will commence on 1 July 2009.

Clause 3 - Schedule(s )

90 Clause 3 provides that each Act specified in a Schedule to the Bill is amended or repealed as set out in the applicable items in the Schedule and any other item in a Schedule has effect according to its terms.