House of Representatives

Explanatory Memorandum

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

Schedule 4 - Defence amendments

246 This Schedule contains amendments to the acts that govern a range of benefits provided to members and former members of the Australian Defence Forces:

Defence Force (Home Loans Assistance) Act 1990

Defence (Parliamentary Candidates) Act 1969

Royal Australian Air Force Veterans' Residences Act 1953 , and

War Gratuity Act 1945 .

Defence Force (Home Loans Assistance) Act 1990

247 The Defence Force (Home Loans Assistance) Act 1990 (the Home Loans Assistance Act) provides for the payment of a subsidy on home loan interest, for members and former members of the Australian Defence Force who served prior to 1 July 2008. If the member or former member in receipt of a subsidy under the Home Loans Assistance Act dies, the subsidy may be passed to their surviving widow or widower.

Item 1

248 This item amends section 3 of the Home Loans Assistance Act as a consequence of the addition of a new subsection (2) in that section by Item 9 of this Schedule.

Item 2

249 The current definition of 'child' in section 3 of the Home Loans Assistance Act provides that a 'child', in relation to a person, means a child, stepchild or legally adopted child of the person who is aged under 16 and or a student.

250 This item replaces the current definition of 'child' in section 3 of the Home Loans Assistance Act with a new definition of 'child'. The new definition expands the classes of child who may be considered to be a child of a person for the purposes of the Home Loans Assistance Act. The new definition does not limit who is considered to be the child of a person.

251 Subparagraph (a)(i) of the definition of 'child' provides that someone is the child of a person if they are the legally adopted child or a stepchild of the person and they are aged under 16 or a student. This provision replicates the existing definition of 'child'. Subparagraph (a)(ii) of the definition of 'child' provides that a someone is a child of a person if they are the product of a relationship the person has or had as a couple with another person (whether of the same-sex or a different sex) and they are aged under 16 or a student. This incorporates elements of the key definition of 'child', a description of which can be found in the Key Concepts and Definitions section of this Explanatory Memorandum.

252 This item also inserts a note at the end of the definition of 'child' in section 3 of the Home Loans Assistance Act that directs the reader to subsection 3(2) of the Home Loans Assistance Act.

Items 3 and 5

253 The definition of 'spouse' in section 3 of the Home Loans Assistance Act provides that a 'spouse' is person of the opposite sex to a person who lives with the person as his or her spouse, on a permanent and bona fide domestic basis, although not legally married to the person. This definition discriminates against the same-sex de facto partner of a person because they cannot be recognised as the spouse of that person due to the fact that they are same-sex as their partner.

254 Item 3 inserts a definition of 'de facto partner' into section 3 of the Home Loans Assistance Act to replace the definition of 'spouse', which provides that a 'de facto partner' has the meaning given by key definition of 'de facto partner' in the AIA. This definition expands the range of persons who can be considered to be de facto partners than were previously recognised in the definition of 'spouse' in the Home Loans Assistance Act.

255 Item 5 repeals the current discriminatory definition of 'spouse' in section 3 of the Home Loans Assistance Act as it is made redundant as a consequence of the amendments made by Item 3 of this Schedule.

Item 4

256 This item inserts the key definition of 'parent' into section 3 of the Home Loans Assistance Act to extend the range of persons who can be considered to be the parent of a person for the purposes of the Home Loans Assistance Act to include the parent of a child within the meaning of the definition of 'child' inserted by Item 2 of this Schedule. A description of the key definition of 'parent' can be found in the Key Concepts and Definitions section of this Explanatory Memorandum.

Item 6

257 This item inserts a new definition of 'surviving spouse or de facto partner' into section 3 of the Home Loans Assistance Act. The effect of this amendment is to ensure that the definition of a relationship, for the purpose of the payment of benefits to a person whose partner dies, includes a same-sex relationship as well as an opposite-sex relationship. The previous term 'widow' or 'widower' was gender specific and restricted to those in marriage or marriage-like relationships. The express inclusion of 'de facto partner' with its extended meaning, and thus same-sex relationships, within this definition is not intended to change the treatment of married or opposite-sex de facto couples. It removes same-sex discrimination but does not change or re-define any other indicia of a relationship.

Items 7 and 8

258 These items remove the definitions of 'widow' and 'widower', respectively, in section 3 of the Home Loans Assistance Act. The new inclusive phrase 'surviving spouse or de facto partner' inserted by Item 6 of this Schedule, describes the groups previously included as widows and widowers without the need for the de facto partner of a deceased person to refer to the extended definition of 'spouse' to check whether they are included in the term and with no potential for confusion as to the relevance of the sex of the persons to whom a benefit is payable.

Item 9

259 This item inserts a new subsection (2) at the end of section 3 of the Home Loans Assistance Act. The new subsection makes it clear that a child for the purposes of the for the purposes of subparagraph (a)(ii) of the Home Loans Assistance Act may only be the product of a person's relationship with a partner if the child is the biological child of at least one of the persons in the relationship, or is born to a woman in the relationship. This incorporates elements of the key definition of 'child', which is described in the Key Concepts and Definitions section of this Explanatory Memorandum.

Item 10

260 This item inserts the term 'de facto partner' into paragraphs 5(1)(b) and (c) of the Home Loans Assistance Act as a consequence of the amendments made by Items 3 and 5 of this Schedule.

Item 11

261 This item inserts the term 'de facto partner' into paragraphs 6(a),(b) and (c) of the Home Loans Assistance Act as a consequence of the amendments made by Items 3 and 5 of this Schedule.

Item 12

262 This item replaces section 8 of the Home Loans Assistance Act with a new section that refers to 'de facto partner' as a consequence of the amendments in Items 3 and 5 of this Schedule. In doing so, the scope of subsection 8(2) is slightly expanded, as to give full effect to the new definition of 'de facto partner', both the temporary separations currently recognised in subsection 8(2) and the potentially permanent separations due to illness or infirmity are taken not to affect a person's eligibility under the Home Loans Assistance Act. The section provides a means of prioritising the interest in a home loan interest subsidy in the event that a member leaves more than one person who may be able to seek to claim an entitlement as a surviving spouse or de facto partner. This situation is not new and is currently dealt with by section 8 of the Home Loans Assistance Act.

Item 13

263 This item replaces the term 'widow or widower' in subsection 10(3) of the Home Loans Assistance Act with the new term 'surviving spouse or de facto partner' as a consequence of the amendments made by Items 6, 7 and 8 of this Schedule. The amendment makes clear that the issue of certificates under the Home Loans Assistance Act is not limited to the widow or widower of a marriage to a deceased member, but extends also to a de facto partner who survives a deceased partner, regardless of the sex of the partner.

Item 14

264 This item replace the terms 'widow or widower' from subparagraph 12(1)(b)(ii) of the Home Loans Assistance Act with the new term 'surviving spouse or de facto partner' as a consequence of the amendments made by Items 6, 7 and 8 of this Schedule. The amendment makes clear that the criterion for issue of certificates under the Home Loans Assistance Act is not limited to the widow or widower of a marriage to a deceased member, but extends also to a de facto partner who survives a deceased partner, regardless of the sex of the partner.

Item 15

265 This item replaces the term 'widow or widower' from subsection 12(3) of the Home Loans Assistance Act with the new term 'surviving spouse or de facto partner' as a consequence of the amendments made by Items 6, 7 and 8 of this Schedule. The amendment makes clear that the limit on issue of a certificate under the Home Loans Assistance Act applies to the widow or widower of a marriage to a deceased member, and also applies to a de facto partner who survives a deceased partner, regardless of the sex of the partner.

Item 16

266 This item provides that the amendments to sections 10 and 12 of the Home Loans Assistance Act made by this Schedule only apply in relation to scheme members who die on or after the commencement of the amendments made by Schedule 4 to the Bill. It does not permit the issue of a certificate to the surviving same-sex partner of a member who dies before the commencing day.

Item 17

267 This item replaces the term 'widow or widower' from subsection 15(4) of the Home Loans Assistance Act with the new term 'surviving spouse or de facto partner' as a consequence of the amendments made by Items 6, 7 and 8 of this Schedule. The amendment makes clear that the time limit for seeking a loan increase under the Home Loans Assistance Act is not limited to the widow or widower of a marriage to a deceased member, but extends also to a de facto partner who survives a deceased partner, regardless of the sex of the partner.

Item 18

268 This item inserts the phrase 'or de facto partner' into paragraph 15(1)(b) of the Home Loans Assistance Act as a consequence of the amendments made by Items 3 and 5 of this Schedule. This amendment makes clear that after the commencing day, the limit on grant of a home loan increase applies equally in relation to a situation involving either an opposite or same-sex de facto partner.

Item 19

269 This item inserts the phrase 'or de facto partner' into paragraphs 17(1)(a) and (b) of the Home Loans Assistance Act as a consequence of the amendments made by Items 3 and 5 of this Schedule. This amendment makes clear that after the commencing day, the rules about sale or transfer of a home in relation to which subsidy is payable apply equally in relation to a situation involving either an opposite or same-sex de facto partner.

Item 20

270 This item inserts the term 'or de facto partner's' into paragraph 17(1) and (b) of the Home Loans Assistance Act as a consequence of the amendments made by Items 3 and 5 of this Schedule. It has a similar effect to the amendments made by Item 20 of this Schedule.

Item 21

271 This item inserts the phrase 'or de facto partner' into paragraph 18(1)(b) of the Home Loans Assistance Act as a consequence of the amendments made by Items 3 and 5 of this Schedule. This amendment makes clear that after the commencing day, the rules about sale or transfer of a home in relation to which subsidy is payable may apply equally in relation to a situation involving a home that a member owns jointly with either a spouse or de facto partner.

Item 22

272 This item provides that the amendments to sections 14, 15, 17 and 18 of the Home Loans Assistance Act made by this Schedule only apply in relation to scheme members who die on or after the commencement of the amendments made by Schedule 4 to the Bill. It prevents the processing of an application for a home loan increase from the surviving same-sex partner of a member who died before the commencing day.

Item 23

273 This item inserts the phrase 'or de facto partner' into paragraph 20(2)(d) of the Home Loans Assistance Act as a consequence of the amendments in Items 3 and 5 of this Schedule. This amendment makes clear that after the commencing day, a subsidy may be payable to either an opposite or same-sex de facto partner.

Item 24

274 This item provides that the amendment to paragraph 20(2)(d) of the Home Loans Assistance Act only applies in relation to a scheme member who dies on or after the commencement of the amendments made by Schedule 4 to the Bill. It ensures that a person who held a certificate allowing them to seek a home loan for which subsidy could be paid is not prevented from doing so only because they have a same-sex partner who becomes recognised for the purposes of the Home Loans Assistance Act on the commencing day. This ensures that the introduction of the measures does not have an arbitrary or unduly harsh impact on a member of a couple not currently recognised under the Home Loans Assistance Act.

Item 25

275 This item inserts the phrase 'or de facto partner' into subparagraph 20(2)(e)(i) of the Home Loans Assistance Act as a consequence of the amendments made by Items 3 and 5 of this Schedule. This amendment makes clear that after the commencing day, a member may own a home in relation to which subsidy becomes payable with either an opposite or same-sex de facto partner.

Item 26

276 This item replaces the terms 'widow or widower' in subsections 24(1), (2) and (3) of the Home Loans Assistance Act and replaces them with the terms 'surviving spouse or de facto partner' as a consequence of the amendments made by Items 6, 7 and 8 of this Schedule. The amendment makes clear that the subsidy period under the Home Loans Assistance Act is not limited to the widow or widower of a marriage to a deceased member, but extends also to a de facto partner who survives a deceased partner, regardless of the sex of the partner.

Item 27

277 This item inserts a new definition of 'surviving spouse or de facto partner into subsection 24(4) of the Home Loans Assistance Act as a consequence of the amendments in Items 6, 7 and 8. It. This internal definition provides that the additional conditions for payment of subsidy to the surviving spouse or partner of a deceased member imposed under section 24 do not operate to limit the entitlement of a person who has an entitlement under the Home Loans Assistance Act in their own right.

Item 28

278 This item removes the definition of 'widow or widower' in subsection 24(4) of the Home Loans Assistance Act as a consequence of the amendment made by Item 26 of this Schedule, which inserts the more inclusive phrase 'surviving spouse or de facto partner'.

Item 29

279 This item inserts the phrase 'or de facto partner' into subsection 26(1) of the Home Loans Assistance Act as a consequence of the amendments made by Items 3 and 5 of this Schedule. The amendments make clear that after the commencing day, a subsidised loan limit may be assessed in relation to either an opposite or same-sex de facto partner. Currently only a spouse or opposite sex de facto partner can be considered when assessing whether the higher couple's subsidised loan limit is available in relation to a home loan interest subsidy.

Item 30

280 This item inserts the phrase 'or de facto partners' into subsection 26(2) of the Home Loans Assistance Act as a consequence of the amendments made by Items 3 and 5 of this Schedule. The amendments made by this item, taken together with the amendments in Items 30, 31 and 32 of this Schedule, provide that after the commencing day, a subsidised loan limit may be assessed in relation to a surviving de facto partner who is either an opposite or same-sex de facto partner. The amendment has the effect of ending the entitlement to payment of subsidy on the earlier of the dates that either member of a dual entitled couple would otherwise have ceased to be entitled to subsidy. Currently only a spouse or opposite sex de facto partner who is in a dual entitled couple has access to the continuing subsidy entitlement provided for a widow or widower after the death of a member and is subject to this specific subsidy end date. The amendment will extend the same entitlement and limitation to a same-sex de facto partner in a couple where each partner is separately entitled to payment of subsidy under the Home Loans Assistance Act.

Item 31

281 This item is made as a consequence of the amendments in Items 3 and 5. It inserts the phrase 'or de facto partner' into subparagraph 26(2)(a)(i) of the Home Loans Assistance Act. The amendment provides that after the commencing day, a subsidised loan limit may be assessed in relation to a deceased de facto partner who is either an opposite or same-sex de facto partner.

Item 32

282 This item replaces the term 'widow or widower' in subparagraph 26(2)(a)(ii) of the Home Loans Assistance Act with the new term 'surviving spouse or de facto partner' as a consequence of the amendments made by Items 6, 7 and 8 of this Schedule. This amendment has the effect that the conditions on the subsidy period relating to a joint loan apply to either the surviving spouse or partner of a deceased member.

Item 33

283 This item replaces the terms 'widow or widower' in paragraph 26(2)(b) of the Home Loans Assistance Act with the new term 'surviving spouse or de facto partner' as a consequence of the amendments made by Items 6, 7 and 8 of this Schedule. This amendment has the effect that the conditions on the subsidy relating to a joint loan apply to either the surviving spouse or partner of a deceased member as if the surviving spouse or partner were the sole subsidised borrower in relation to the home loan.

Item 34

284 This item inserts the phrase 'or de facto partner' into paragraph 29(c) of the Home Loans Assistance Act as a consequence of the amendments made by Items 3 and 5 of this Schedule. This amendment makes clear that after the commencing day, conversion of a joint tenancy into a tenancy in common with either an opposite or same-sex de facto partner will result in the termination of subsidy payments in relation to a home for which a home loan interest subsidy is payable.

Item 35

285 This item provides that the amendment to paragraph 29(c) of the Home Loans Assistance Act made by Item 34 of this Schedule only applies in relation to a scheme member who dies on or after the commencement of the amendments made by Schedule 4 to the Bill. It ensures that a person who converted a joint tenancy into a tenancy in common with a same-sex de facto partner before the commencing day is not required to repay subsidy for a period when the partner was not recognised for any purpose by the legislation. This ensures that the introduction of the measures does not have an arbitrary or unduly harsh impact on a member of a couple not currently recognised under the Home Loans Assistance Act.

Item 36

286 This item inserts references to a 'person's de facto partner or former de facto partner' and to 'a person and his or her former de facto partner' into paragraph 29(d) of the Home Loans Assistance Act as a consequence of the amendments made by Items 3 and 5 of this Schedule. This amendment makes clear that after the commencing day, the transfer of a home to either a spouse or de facto partner (whether or not the subsidised borrower is also provided an interest) under an order of the Family Court will result in the termination of subsidy payments in relation to a home for which a home loan interest subsidy is payable.

Item 37

287 This item replaces the reference to the terms 'widow or widower' in paragraph 29(g) of the Home Loans Assistance Act and substitutes the terms 'surviving spouse or de facto partner' as a consequence of the amendments made by Items 6, 7 and 8 of this Schedule. The amendment makes clear that subsidy payments cease if the subsidised borrower is not survived by a de facto partner, regardless of the sex of the partner. Currently, subsidy would cease permanently if a subsidised borrower died and left a same-sex de facto partner, but could be continued if the subsidised borrower died and was survived by an opposite sex de facto partner or a spouse.

Item 38

288 This item replaces the term 'widow or widower' from paragraph 29(h) of the Home Loans Assistance Act with the new term 'surviving spouse or de facto partner' as a consequence of the amendments made by Items 6, 7 and 8 of this Schedule. It omits the definition of 'widow or widower' from paragraph 29(h) of the Home Loans Assistance Act and substitutes the more inclusive phrase 'surviving spouse or de facto partner'. The amendment makes clear that subsidy payments cease if the subsidised borrower's interest in the home in relation to which subsidy is payable does not transfer or pass to a person who was the spouse or de facto partner of the subsidised borrower.

Item 39

This item replaces the phrase 'is survived by a widow or widower' from paragraph 30(1)(a) of the Home Loans Assistance Act with the phrase 'has a surviving spouse or de facto partner' as a consequence of the amendments made by Items 6, 7 and 8. This amendment, together with the amendment made by Item 40 of this Schedule, makes clear that after the commencing day, subsidy may continue to be paid in relation to a home that was owned jointly by a subsidised borrower and their spouse or de facto partner, prior to the borrower's death. Currently, this provision excludes the continued payment of subsidy to the same-sex de facto partner of a subsidised borrower who dies. The amendment will remove this discriminatory treatment.

Item 40

289 This item replaces the term 'surviving widow or widower' in paragraph 30(1)(b) of the Home Loans Assistance Act with the new term 'surviving spouse or de facto partner' as a consequence of the amendments made by Items 6, 7 and 8 of this Schedule. This amendment, together with the amendment made by Item 39 of this Schedule, makes clear that after the commencing day, subsidy may continue to be paid in relation to a home that was owned jointly by a subsidised borrower and their spouse or de facto partner, prior to the borrower's death.

Item 41

290 This item replaces the phrase 'is survived by a widow or widower' in paragraph 30(2)(a) of the Home Loans Assistance Act with the new phrase 'has a surviving spouse or de facto partner' as a consequence of the amendments made by Items 6, 7 and 8 of this Schedule. This amendment makes clear that after the commencing day, subsidy may be suspended in relation to a home that was owned solely by a subsidised borrower and not by their spouse or de facto partner, prior to the borrower's death. Currently, this provision would allow subsidy to terminate permanently, instead of permitting the suspension of subsidy for the potential benefit of the same-sex de facto partner of a subsidised borrower who dies. The amendment will remove this discriminatory treatment.

Item 42

291 This item replaces the definition of 'surviving widow or widower' from paragraph 30(3)(b) of the Home Loans Assistance Act and substitutes the more inclusive phrase 'surviving spouse or de facto partner'is made as a consequence of the amendments in Items 6, 7 and 8. It. This amendment makes clear that after the commencing day, suspended subsidy may be reinstated in relation to a home that was owned solely by a subsidised borrower and not by their spouse or de facto partner, prior to the borrower's death. Currently, this provision would allow subsidy to terminate permanently, instead of permitting the suspension of subsidy for later reinstatement once the interest in the home is passed, to the same-sex de facto partner of a subsidised borrower who dies. The amendment will remove this discriminatory treatment.

Item 43

292 This item omits the reference to a 'surviving widow or widower who was legally married to the borrower' from paragraph 30(4)(b) of the Home Loans Assistance Act and substitutes the more inclusive phrase 'surviving spouse or de facto partner' is made as a consequence of the amendments in Items 6, 7 and 8. It. This amendment, read together with the amendment in item 41A, makes clear that after the commencing day, suspended subsidy may not be reinstated for the surviving spouse or de facto partner of the subsidised borrower if the couple had separated prior to the borrower's death, regardless of the nature of the couple relationship.

Item 44

293 This item replaces the definition of 'surviving widow or widower' from paragraph 30(4)(d) of the Home Loans Assistance Act with the new term 'surviving spouse or de facto partner' as a consequence of the amendments made by Items 6, 7 and 8 of this Schedule. This amendment makes clear that after the commencing day, suspended subsidy may not be reinstated for the surviving spouse or de facto partner of the subsidised borrower if the couple had separated prior to the borrower's death, regardless of the nature of the couple relationship.

Item 45

294 This item replaces the definition of 'surviving widow or widower' from subsection 30(6) of the Home Loans Assistance Act with the new term 'surviving spouse or de facto partner' as a consequence of the amendments made by Items 6, 7 and 8 of this Schedule. This amendment makes clear that after the commencing day, the surviving spouse or de facto partner of a subsidised borrower is to be treated as if they were the subsidised borrower, for the purposes of the Act. This allows the rules about the payment of subsidy to apply to the surviving spouse or de facto partner in the same way that they would for any other subsidised borrower, regardless of the fact that initial eligibility criteria may not have been met.

Item 46

295 This item replaces the definition of 'surviving widow or widower' from paragraph 36A(1)(d) of the Home Loans Assistance Act with the new term 'surviving spouse or de facto partner' as a consequence of the amendments made by Items 6, 7 and 8 of this Schedule. This ensures that a person is covered by the scope of rules on the use and disclosure of personal information, whether they were in either a marriage or a de facto relationship with a deceased person who was eligible, entitled or in receipt of subsidy under the Home Loans Assistance Act.

Defence (Parliamentary Candidates) Act 1969

296 The Defence (Parliamentary Candidates) Act 1969 (the Parliamentary Candidates Act) permits a member of the Australian Defence Force who intends to become a candidate for election to the Commonwealth Parliament or a State (or the Legislative Assembly or similar body in a Territory) to apply for discharge, termination or transfer into the Reserves. This ensures that the member is not in the active service of the Executive in the event that they are elected to serve as a member of a legislative body, and so helps preserve the separation of executive and legislative power.

297 To ensure that a member is not disadvantaged by their decision to stand for election, the Parliamentary Candidates Act provides a right of return and pays the costs of a removal required by the member and their family back to the member's location at enlistment. As that family is described only by reference to dependency, the Act is being amended to make clear that the family includes a member's same-sex partner, and a child who is the product of a same-sex relationship.^

Item 47

298 Subsection 16(3) of the Parliamentary Candidates Act provides that for the purposes of section 16 (which provides for the return of a member, family and household effects etc. to place of enlistment) a member of the family of a person is dependent upon them if he or she is wholly or substantially so dependent.

299 This item replaces subsections 16(3) with new subsections 16(3) and 16(4) of the Parliamentary Candidates Act. Subsection 16(3) The new subsections will assists a decision-maker to establish which of the persons wholly or substantially dependant upon a member may be taken to be a member of the family entitled to a removal at Commonwealth expense.

300 Subsection 16(3) provides that for the purposes of section 16 of the Parliamentary Candidates Act, the members of a family, in relation to any person, are taken to include the following:

-

a member's de facto partner within the meaning of the key definition of 'de facto partner' in the Acts Interpretation Act

-

a child of the person because of the definition of 'child' in new subsection 16(2) of the Parliamentary Candidates Act, and

301 Paragraph 16(3)(c) is a tracing rule that provides that anyone else who would be a member of a person's family because a de facto partner, a child or someone of whom the person is a child is taken into account is taken to be a member of that person's family. For example, in relation the child of a parent, another child of that parent would be considered to be the child's sibling. A description of the tracing rule can be found in the Key Concepts and Definitions section of this Explanatory Memorandum.

302 This item also inserts subsection 16(4) into the Parliamentary Candidates Act which defines 'child' and 'dependent' for the purposes of section 16 of the Parliamentary Candidates Act. 'Dependent' is defined to mean 'wholly or substantially dependent' to retain its current meaning in subsection 16(4) of the Parliamentary Candidates Act.

303 The key definition of 'child' is also inserted to extend the range of persons who can be considered to be the child of a person for the purposes of the Parliamentary Candidates Act. This definition does not limit who is already considered to be a child for the purposes of section 16 of the Parliamentary Candidates Act. A description of the key definition of 'child' can be found in the Key Concepts and Definitions section of this Explanatory Memorandum.

Royal Australian Air Force Veterans' Residences Act 1953

304 The Royal Australian Air Force Veterans' Residences Act 1953 (the RAAF Veterans' Act) establishes the Royal Australian Air Force Veterans' Residences Trust, which administers a Fund for the purpose of providing accommodation for persons in necessitous circumstances. Persons are eligible for this assistance due to their former service with the RAAF or similar bodies, or due to their being the widow, widower or surviving parent of a deceased person with the required former service, and to the dependants of an eligible person. The proposed amendments to the RAAF Veterans' Act make clear that the list of eligible persons includes a member's surviving partner, regardless of the sex of the partner, and a parent of the former member, or the parent's partner.

Item 48

305 This item inserts a definition of 'de facto partner' into the section 2 of the RAAF Veterans' Act which provides that 'de facto partner' for the purposes for the RAAF Veterans' Act means a de facto partner within the meaning of the Acts Interpretation Act. A description of the key definition of 'de facto partner' can be found in the Key Concepts and Definitions section of this Explanatory Memorandum.

306 The new definition slightly expands the coverage of this Act as the current definitions of 'eligible persons' are confined to those who are legally married or a widow or widower of such a marriage. The amendment removes marital status discrimination which was not removed in the context of changes made by the Sex Discrimination (Consequential Amendments) Act 1986 , which removed sex discrimination but did not amend terms specific to marital status.

Item 49

307 This item inserts an alternative conjunction 'or' at the end of paragraphs (a), (b) and (c) of the definition of 'eligible person' so that it is clear that each item in the list is a separate alternative.

Item 50

308 This item substitutes paragraphs 2(d), (e) and (f) of the RAAF Veterans' Act with alternatives that are inclusive of de facto relationships. The previous wording only allowed recognition of eligible persons who were legally married to the former serving member or, if the member was deceased, the member's parent. The new wording permits those persons who can show that they were a de facto partner of a former member or their parent to be eligible on the same basis as those persons who are legally married.

Item 51

309 This item inserts a definition of 'parent' into section 2 of the RAAF Veterans' Act. The definition expands the classes of person that may be taken to be a parent of a child by applying the key definitions of 'parent' and 'child'. The definition does not limit who can be considered to be a parent of a person for the purposes of the RAAF Veterans' Act. A description of the key definitions of 'child' and 'parent' can be found in the Key Concepts and Definitions section of this Explanatory Memorandum.

Item 52

310 This item inserts a definition of 'surviving spouse or de facto partner' into section 2 of the RAAF Veterans' Act. The definition is inclusive of both spouses and de facto partners.

Item 53

311 This item provides that amendments to the RAAF Veterans' Act made by Schedule 4 to the Bill only apply in relation to a person referred to in paragraphs (a), (b) or (c) of the definition of 'eligible person' in section 2 of the RAAF Veterans' Act who dies on or after the commencement of the amendments.