Acts Amendment (Equality of Status) Act 2003

Western Australia

CONTENTS

Part 1 — Preliminary

1. Short title 2

2. Commencement 2

Part 2 — Anatomy Act 1930

3. Anatomy Act 1930 amended 3

4. Section 2 amended 3

5. Section 8 amended 4

6. Section 9 amended 4

7. Section 10 amended 4

8. Section 10A amended 4

9. Section 11 amended 4

10. Section 16 amended 4

Part 3 — Anzac Day Act 1960

11. Anzac Day Act 1960 amended 5

12. Section 3 amended 5

13. Section 10 amended 5

Part 4 — Bush Fires Act 1954

14. Bush Fires Act 1954 amended 6

15. Section 37 amended 6

Part 5 — Commercial Tenancy (Retail Shops) Agreements Act 1985

16. Commercial Tenancy (Retail Shops) Agreements Act 1985 amended 7

17. Section 13A amended 7

Part 6 — Companies (Co‑operative) Act 1943

18. Companies (Co‑operative) Act 1943 amended 8

19. Section 152 amended 8

20. Section 187 amended 8

21. Section 421 amended 9

Part 7 — Construction Industry Portable Paid Long Service Leave Act 1985

22. Construction Industry Portable Paid Long Service Leave Act 1985 amended 10

23. Section 22 amended 10

Part 8 — Co‑operative and Provident Societies Act 1903

24. Co‑operative and Provident Societies Act 1903 amended11

25. Section 18 amended 11

Part 9 — Coroners Act 1996

26. Coroners Act 1996 amended 12

27. Section 37 amended 12

Part 10 — Country Housing Act 1998

28. Country Housing Act 1998 amended 13

29. Section 3 amended 13

Part 11 — Credit Act 1984

30. Credit Act 1984 amended 14

31. Section 5 amended 14

Part 12 — The Criminal Code

32. The Criminal Code amended 15

33. Section 531 amended 15

34. Section 684 amended 15

Part 13 — Criminal Injuries Compensation Act 1985

35. Criminal Injuries Compensation Act 1985 amended 17

36. Section 3 amended 17

Part 14 — Criminal Investigation (Identifying People) Act 2002

37. Criminal Investigation (Identifying People) Act 2002 amended 19

38. Section 3 amended 19

Part 15 — Criminal Property Confiscation Act 2000

39. Criminal Property Confiscation Act 2000 amended 20

40. Section 22 amended 20

41. Section 82 amended 20

42. Glossary amended 20

Part 16 — Curtin University of Technology Act 1966

43. Curtin University of Technology Act 1966 amended 21

44. Section 34 amended 21

Part 17 — District Court of Western Australia Act 1969

45. District Court of Western Australia Act 1969 amended 22

46. Section 14 amended 22

Part 18 — Electricity Corporation Act 1994

47. Electricity Corporation Act 1994 amended 23

48. Schedule 2 amended 23

Part 19 — Family Court Act 1997

49. Family Court Act amended 24

50. Section 5 amended and validation 24

51. Section 19 amended 24

52. Section 24 amended 25

Part 20 — Fatal Accidents Act 1959

53. Fatal Accidents Act 1959 amended 26

54. Section 3 amended 26

55. Section 5 amended 26

56. Section 6 amended 26

57. Schedule 2 amended 27

Part 21 — Firearms Act 1973

58. Firearms Act 1973 amended 29

59. Section 8 amended 29

Part 22 — First Home Owner Grant Act 2000

60. First Home Owner Grant Act 2000 amended 30

61. Section 3 amended 30

62. Section 7 amended 30

63. Section 11 amended 31

64. Section 12 amended 31

65. Section 65 amended 31

Part 23 — Freedom of Information Act 1992

66. Freedom of Information Act 1992 amended 32

67. Glossary amended 32

Part 24 — Gold Corporation Act 1987

68. Gold Corporation Act 1987 amended 33

69. Schedule 1 amended 33

Part 25 — Government Employees’ Housing Act 1964

70. Government Employees’ Housing Act 1964 amended 34

71. Section 28 amended 34

Part 26 — Health Act 1911

72. Health Act 1911 amended 35

73. Section 3 amended 35

74. Section 147 amended 35

75. Section 159 amended 35

76. Section 168 amended 36

77. Section 302 amended and consequential amendment 36

Part 27 — Health Services (Conciliation and Review) Act 1995

78. Health Services (Conciliation and Review) Act 1995 amended 37

79. Section 20 amended 37

Part 28 — Hospital Fund Act 1930

80. Hospital Fund Act 1930 amended 38

81. Section 2 amended 38

82. Section 11 repealed 38

Part 29 — Housing Act 1980

83. Housing Act 1980 amended 39

84. Section 5 amended 39

85. Section 31 amended 39

Part 30 — Housing Loan Guarantee Act 1957

86. Housing Loan Guarantee Act 1957 amended 40

87. Schedule amended 40

Part 31 — Industrial Relations Act 1979

88. Industrial Relations Act 1979 amended 41

89. Section 20 amended 41

90. Section 97WY amended 41

Part 32 — Inheritance (Family and Dependants Provision) Act 1972

91. Inheritance (Family and Dependants Provision) Act 1972 amended 42

92. Section 4 amended 42

Part 33 — Judges’ Salaries and Pensions Act 1950

93. Judges’ Salaries and Pensions Act 1950 amended 43

94. Section 2 amended 43

95. Section 7 amended 43

96. Section 8A amended 44

97. Section 8B amended 44

98. Section 14 amended 45

99. Second Schedule amended 45

Part 1 — Pensions for spouses and de facto partners

1. Pension on death of Judge in office 45

2. Pension on death of retired Judge 46

3. Payment of pension 46

Part 34 — Land Tax Assessment Act 2002

100. Land Tax Assessment Act 2002 amended 49

101. Section 21 amended 49

Part 35 — Life Assurance Companies Act 1889

102. Life Assurance Companies Act 1889 amended 50

103. Section 70 amended 50

Part 36 — Liquor Licensing Act 1988

104. Liquor Licensing Act 1988 amended 51

105. Section 3 amended 51

106. Section 125 amended 51

Part 37 — Local Courts Act 1904

107. Local Courts Act 1904 amended 52

108. Section 126 amended 52

Part 38 — Local Government Act 1995

109. Local Government Act 1995 amended 53

110. Section 5.62 amended 53

111. Section 5.63 amended 53

112. Section 5.64 repealed 53

113. Section 5.74 amended 53

114. Section 9.44 amended 54

Part 39 — Married Women’s Property Act 1892 and related amendments

115. Married Women’s Property Act 1892 and Married Women’s Property Act 1895 repealed55

116. Law Reform (Miscellaneous Provisions) Act 1941 amended 55

2. Doctrine of unity of spouses abolished 55

3. Spousal capacity 55

117. Companies (Co‑operative) Act 1943 amended 56

118. The Criminal Code amended 56

119. Hospitals and Health Services Act 1927 amended 56

120. Limitation Act 1935 amended 57

121. Local Courts Act 1904 amended 57

122. Motor Vehicle (Third Party Insurance) Act 1943 amended 57

123. Newspaper Libel and Registration Act 1884 amended 58

124. Parliament (Qualification of Women) Act 1920 repealed58

125. Property Law Act 1969 amended and transitional provision58

126. Restraint of Debtors Act 1984 amended 59

127. Supreme Court Act 1935 amended 59

128. Town Allotments (Boundaries) Act 1844 amended 59

129. Transfer of Land Act 1893 amended 59

130. Trustee Ordinance 1854 amended 61

Part 40 — Medical Act 1894

131. Medical Act 1894 amended 62

132. Section 21B amended 62

Part 41 — Members of Parliament (Financial Interests) Act 1992

133. Members of Parliament (Financial Interests) Act 1992 amended 63

134. Section 3 amended 63

Part 42 — Mental Health Act 1996

135. Mental Health Act 1996 amended 64

136. Section 3 amended 64

137. Section 193 amended 64

138. Schedule 3 amended 64

Part 43 — Mine Workers’ Relief Act 1932

139. Mine Workers’ Relief Act 1932 amended 65

140. Schedule 2 amended 65

141. Schedule 3 amended 66

Part 44 — Mine Workers’ Relief (Payments Authorisation) Act 1940

142. The Mine Workers’ Relief (Payments Authorisation) Act 1940 repealed 69

Part 45 — Minimum Conditions of Employment Act 1993

143. Minimum Conditions of Employment Act 1993 amended 70

144. Section 3 amended 70

145. Section 20A amended 70

146. Section 27 amended 70

147. Section 32 amended 70

148. Section 33 amended 71

149. Section 34 amended 71

150. References to “de facto partner” inserted 71

Part 46 — Mining Act 1978

151. Mining Act 1978 amended 73

152. Section 8 amended 73

Part 47 — The Partnership Act 1895

153. The Partnership Act 1895 amended 74

154. Section 8 amended 74

Part 48 — Police Act 1892

155. Police Act 1892 amended 75

156. Section 27 repealed 75

157. Section 66 amended 75

158. Section 138 amended 75

Part 49 — Property Law Act 1969

159. Property Law Act 1969 amended 76

160. Section 31A amended 76

161. Section 102 amended 76

162. Section 105 amended 76

163. Section 108 amended 76

164. Section 115 amended 77

Part 50 — Rates and Charges (Rebates and Deferments) Act 1992

165. Rates and Charges (Rebates and Deferments) Act 1992 amended 78

166. Section 3 amended 78

167. Section 4 repealed 78

168. Section 27 amended 78

169. Section 28 amended 79

170. Section 31 amended 79

171. Section 43 amended 79

172. Section 44 amended 79

173. Section 45 amended 79

Part 51 — Real Estate and Business Agents Act 1978

174. Real Estate and Business Agents Act 1978 amended 80

175. Section 72 amended 80

176. Section 117(5) amended 80

177. The Schedule amended 80

Part 52 — Retirement Villages Act 1992

178. Retirement Villages Act 1992 amended 82

179. Section 3 amended 82

Part 53 — Settlement Agents Act 1981

180. Settlement Agents Act 1981 amended 83

181. Section 53 amended 83

182. Section 95(5) amended 83

183. Schedule 1 amended 83

Part 54 — Solicitor‑General Act 1969

184. Solicitor‑General Act 1969 amended 85

185. Section 11 amended 85

Part 55 — Stamp Act 1921

186. Stamp Act 1921 amended 86

187. Section 4 amended 86

188. Section 63AB amended 87

189. Section 75AB amended 87

190. Section 75C amended 88

191. Section 75D amended 88

192. Section 76 amended 89

193. Section 112Q amended 90

Part 56 — Strata Titles Act 1985

194. Strata Titles Act 1985 amended 91

195. Section 6A amended 91

196. Section 50A amended 91

Part 57 — Supreme Court Act 1935

197. Supreme Court Act 1935 amended 92

198. Section 11B amended 92

199. Section 118 amended 92

200. Section 141 amended 92

Part 58 — Trustees Act 1962

201. Trustees Act 1962 amended 93

202. Section 61 amended 93

Part 59 — Water Corporation Act 1995

203. Water Corporation Act 1995 amended 94

204. Schedule 2 amended 94

Part 60 — Western Australian Aged Sailors, Soldiers and Airmen’s Relief Fund Act 1932

205. Western Australian Aged Sailors, Soldiers and Airmen’s Relief Fund Act 1932 amended95

206. Section 5 amended 95

Part 61 — Western Australian Land Authority Act 1992

207. Western Australian Land Authority Act 1992 amended 96

208. Schedule 1 amended 96

Part 62 — Wills Act 1970

209. Wills Act 1970 amended 97

210. Section 12 amended 97

211. Section 13 repealed and application provision 97

212. Section 31 amended 97

Part 63 — Workers’ Compensation and Rehabilitation Act 1981

213. Workers’ Compensation and Rehabilitation Act 1981 amended 99

214. Section 5 amended 99

215. Schedule 1 amended 100

216. Schedule 5 amended 101

Part 64 — Power to amend certain regulations and rules

217. Power to amend certain regulations and rules 103

Western Australia

Acts Amendment (Equality of Status) Act 2003

No. 28 of 2003

An Act to —

·amend various Acts in order to provide for the further reform of the law relating to de facto relationships; and

·repeal the Married Women’s Property Act 1892 and amend various Acts as a consequence of that repeal,

and for related purposes.

[Assented to 22 May 2003]

The Parliament of Western Australia enacts as follows:

Part 1 — Preliminary

1. Short title

This Act may be cited as the Acts Amendment (Equality of Status) Act 2003.

2. Commencement

(1) This Act comes into operation on a day fixed by proclamation.

(2) Different days may be fixed under subsection (1) for different provisions.

Part 2 — Anatomy Act 1930

3. Anatomy Act 1930 amended

The amendments in this Part are to the Anatomy Act 1930*.

[* Reprinted as at 22 February 2002.]

4. Section 2 amended

Section 2 is amended after the definition of “practice licence” by deleting the full stop and inserting instead a semicolon and the following definition —

“

“senior next of kin”, in relation to a deceased person, means the first person who is available from the following persons in the order of priority listed —

(a) a person who, immediately before the death, was living with the person and was either —

(i) the spouse of the person; or

(ii) a de facto partner, who is of or over the age of 18 years, of the person;

(b) a person who, immediately before the death, was the spouse of the person;

(d) a parent of the person;

(e) a brother or sister, who is of or over the age of 18 years, of the person; or

(f) an executor named in the will of the person or a person who, immediately before the death, was a personal representative of the person.

”.

5. Section 8 amended

Section 8 is amended by deleting “surviving husband or wife or any known relative” and inserting instead —

“ senior next of kin ”.

6. Section 9 amended

Section 9 is amended by deleting “surviving husband or wife or any known relative” and inserting instead —

“ senior next of kin ”.

7. Section 10 amended

Section 10 is amended by deleting “deceased person’s surviving husband or wife or nearest known relative, or any one or more of such person’s nearest known relatives being of kin in the same degree,” and inserting instead —

“ senior next of kin of the deceased person ”.

8. Section 10A amended

Section 10A(1) is amended by deleting “any surviving husband or wife or any known relative” and inserting instead —

“ the senior next of kin ”.

9. Section 11 amended

Section 11 is amended by deleting “any surviving husband or wife, or any relative known to the authority,” and inserting instead —

“ the senior next of kin ”.

10. Section 16 amended

Section 16 is amended by deleting “any surviving husband or wife or any known relative” and inserting instead —

“ the senior next of kin ”.

Part 3 — Anzac Day Act 1960

11. Anzac Day Act 1960 amended

The amendments in this Part are to the Anzac Day Act 1960*.

[* Reprinted as at 24 May 2002.]

12. Section 3 amended

Section 3 is amended by inserting in the appropriate alphabetical position the following definition —

“

“dependant”, in relation to a deceased person, includes a person who, immediately before the death of the person, was a spouse, de facto partner or child of the person;

”.

13. Section 10 amended

Section 10(3) is amended by deleting “widows and children of deceased ex‑servicemen” and inserting instead —

“

dependants of deceased ex‑servicemen or deceased ex‑servicewomen

”.

Part 4 — Bush Fires Act 1954

14. Bush Fires Act 1954 amended

The amendments in this Part are to the Bush Fires Act 1954*.

[* Reprinted as at 20 January 1997.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 41.]

15. Section 37 amended

(1) Section 37(8)(a) is amended after paragraph (a) by deleting “or” and inserting —

“

(aa) to a person who was living in a de facto relationship with the volunteer fire fighter immediately before the death of the fire fighter and lived on that basis with the fire fighter for at least 2 years before the death of the fire fighter irrespective of dependency upon the fire fighter; or

”.

(2) After section 37(8) the following subsection is inserted —

“

(8a) If the amount referred to in subsection (2) and the additional amount referred to in subsection (5) are payable to more than one person then those amounts are to be apportioned between those persons in accordance with the regulations.

”.

Part 5 — Commercial Tenancy (Retail Shops) Agreements Act 1985

16. Commercial Tenancy (Retail Shops) Agreements Act 1985 amended

The amendments in this Part are to the Commercial Tenancy (Retail Shops) Agreements Act 1985*.

[* Reprinted as at 21 July 2000.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 56.]

17. Section 13A amended

Section 13A(4) is amended as follows:

(a) in paragraph (a) by inserting after “spouse” —

“ or de facto partner ”;

(b) in paragraph (c)(iv) by inserting after “spouse” —

“ or de facto partner ”.

Part 6 — Companies (Co‑operative) Act 1943

18. Companies (Co‑operative) Act 1943 amended

The amendments in this Part are to the Companies
(Co‑operative) Act 1943*.

[* Reprinted as at 14 January 2000.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 60 and Gazette 28 June 2002 p. 3052-4.]

19. Section 152 amended

Section 152(2)(b) is amended by inserting after “husband” —

“ , de facto partner ”.

20. Section 187 amended

Section 187(3) is amended as follows:

(a) by deleting “husband of a female contributory is himself ” and inserting instead —

“

spouse or de facto partner of a contributory is himself or herself

”;

(b) by deleting “wife” in the first place where it occurs and inserting instead —

“ spouse or de facto partner ”;

“ person or the person’s spouse or de facto partner ”;

(d) by deleting “husband” and inserting instead —

“ person ”.

21. Section 421 amended

Section 421(2) is amended in the definition of “employee” by inserting after “wife” —

“ , husband, de facto partner ”.

Part 7 — Construction Industry Portable Paid Long Service Leave Act 1985

22. Construction Industry Portable Paid Long Service Leave Act 1985 amended

The amendments in this Part are to the Construction Industry Portable Paid Long Service Leave Act 1985*.

[* Reprinted as at 5 March 1999.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 73.]

23. Section 22 amended

Section 22(2) is amended as follows:

(a) by deleting “the widow or widower of the employee, or such other person as the Board thinks fit, is entitled,”;

(b) by deleting “to a lump sum” and inserting instead —

“ a lump sum ”;

“

years,

shall be paid, as the Board thinks fit, to —

(c) any person who was the spouse or de facto partner of the employee immediately before the death of the employee and who, in the opinion of the Board, was financially dependent on that employee at that time; or

(d) the estate of the deceased employee.

”.

Part 8 — Co‑operative and Provident Societies Act 1903

24. Co‑operative and Provident Societies Act 1903 amended

The amendments in this Part are to the Co‑operative and Provident Societies Act 1903*.

[* Reprinted as at 7 September 2001.]

25. Section 18 amended

Section 18(1) is amended by deleting “father, mother” and inserting instead —

“ de facto partner, parent ”.

Part 9 — Coroners Act 1996

26. Coroners Act 1996 amended

The amendments in this Part are to the Coroners Act 1996*.

[* Reprinted as at 3 August 2001.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 77.]

27. Section 37 amended

Section 37(5)(a) and (b) are deleted and the following paragraphs are inserted instead —

“

(a) a person who, immediately before the death, was living as —

(i) the spouse of the person; or

(ii) a de facto partner of the person, and who is of or over the age of 18 years;

(b) a person who, immediately before the death, was the spouse of the person;

”.

Part 10 — Country Housing Act 1998

28. Country Housing Act 1998 amended

The amendments in this Part are to the Country Housing Act 1998*.

[* Act No. 4 of 1998.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 81.]

29. Section 3 amended

Section 3 is amended in the definition of “family member” by deleting “de facto spouse” and inserting instead —

“ de facto partner ”.

Part 11 — Credit Act 1984

30. Credit Act 1984 amended

The amendments in this Part are to the Credit Act 1984*.

[* Reprinted as at 6 April 2001.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 83.]

31. Section 5 amended

Section 5(1) is amended as follows:

(a) in paragraph (a) of the definition of “commission charge” by inserting after “spouse” —

“ or de facto partner ”;

(b) in paragraph (a) of the definition of “guarantor” by inserting after “spouse” in both places where it occurs —

“ or de facto partner ”.

Part 12 — The Criminal Code

32. The Criminal Code amended

The amendments in this Part are to The Criminal Code*.

[* Reprinted as at 9 February 2001 as the Schedule to the Criminal Code Act 1913 appearing as Appendix B to the Criminal Code Compilation Act 1913.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 89 and Acts Nos. 3, 6 and 8 of 2002.]

33. Section 531 amended

(1) Section 531(1) is amended by inserting after “wife,” —

“ de facto partner, ”.

(2) Section 531(2) is amended by inserting after “wife,” —

“ de facto partner, ”.

34. Section 684 amended

(1) Section 684(2) is amended by deleting “his” and inserting instead —

“ the prisoner’s ”.

(2) Section 684(3)(b) is amended as follows:

(a) by deleting “wife” in both places where it occurs and inserting instead —

“ spouse, de facto partner ”;

(b) by deleting “him for support or for the benefit of the prisoner himself if and while he” and inserting instead —

“

the prisoner for support, or for the benefit of the prisoner if and while the prisoner

”.

(3) Section 684(5) is amended by deleting “he” and inserting instead —

“ the prisoner ”.

(4) Section 684(7) is amended by deleting “he” in both places where it occurs and inserting instead —

“ the prisoner ”.

Part 13 — Criminal Injuries Compensation Act 1985

35. Criminal Injuries Compensation Act 1985 amended

The amendments in this Part are to the Criminal Injuries Compensation Act 1985*.

[* Reprinted as at 12 February 1997.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 90.]

36. Section 3 amended

(1) Section 3(1) is amended in the definition of “close relative” as follows:

(a) by deleting paragraph (b) and inserting instead —

“

(b) any person who was the parent, grandparent or step‑parent of the deceased;

”;

(b) by deleting paragraph (d) and inserting instead —

“

(d) a person who, immediately before the death, was living in a de facto relationship with the deceased person and had been living on that basis with that person for at least the previous 2 years;

”.

(2) Section 3(2)(b) is amended by deleting “mother and reputed father” and inserting instead —

“ parents ”.

(3) Section 3(3) is amended as follows:

(a) by deleting “father” in each place where it occurs and inserting instead —

“ parent ”;

(b) by inserting after “his” in the first place where it occurs —

“ or her ”;

“ the parent’s ”;

(d) by deleting “paternity” in both places where it occurs and inserting instead —

“ parentage ”.

(4) After section 3(3) the following subsection is inserted —

“

(3a) Subsection (3) does not apply to or in respect of a relationship established by the Artificial Conception Act 1985.

”.

Part 14 — Criminal Investigation (Identifying People) Act 2002

37. Criminal Investigation (Identifying People) Act 2002 amended

The amendment in this Part is to the Criminal Investigation (Identifying People) Act 2002*.

[* Act No. 6 of 2002.]

38. Section 3 amended

Section 3(1) is amended in paragraph (a) of the second definition of “responsible person” by inserting after “spouse” —

“ or de facto partner ”.

Part 15 — Criminal Property Confiscation Act 2000

39. Criminal Property Confiscation Act 2000 amended

The amendments in this Part are to the Criminal Property Confiscation Act 2000*.

[* Act No. 68 of 2000.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 91.]

40. Section 22 amended

Section 22(2)(b) is amended by inserting after “spouse” —

“ , a de facto partner ”.

41. Section 82 amended

Section 82(3)(a) is amended by inserting after “spouse” —

“ , a de facto partner ”.

42. Glossary amended

The Glossary is amended as follows:

(a) by deleting the definition of “spouse”;

(b) in the definition of “valuable consideration” by deleting “legal or de facto spouse” in both places where it occurs and inserting instead the following —

“ spouse or de facto partner ”.

Part 16 — Curtin University of Technology Act 1966

43. Curtin University of Technology Act 1966 amended

The amendments in this Part are to the Curtin University of Technology Act 1966*.

[* Reprinted as at 28 July 1999.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 93.]

44. Section 34 amended

Section 34(1b)(b) is amended as follows:

(a) by deleting subparagraph (ii);

(b) in subparagraph (iv) by deleting “his estate, unless he is survived by a widow legally dependent on him, or other person legally so dependent who is approved by the Council for the purpose;” and inserting instead —

“ that person’s estate; ”.

Part 17 — District Court of Western Australia Act 1969

45. District Court of Western Australia Act 1969 amended

The amendments in this Part are to the District Court of Western Australia Act 1969*.

[* Reprinted as at 19 January 2001.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 103.]

46. Section 14 amended

Section 14(1) is amended as follows:

(a) by deleting “his widow and children after his” and inserting instead —

“

a surviving spouse, de facto partner or child of a District Court Judge after the Judges’

”;

(b) by deleting “his widow and children” and inserting instead —

“

a surviving spouse, de facto partner or child of a Supreme Court Judge

”.

Part 18 — Electricity Corporation Act 1994

47. Electricity Corporation Act 1994 amended

The amendments in this Part are to the Electricity Corporation Act 1994*.

[* Reprinted as at 4 January 2000.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 113 and Act No. 20 of 2002.]

48. Schedule 2 amended

Schedule 2 clause 14(1) is amended as follows:

(a) in paragraph (a) —

(i) by inserting after “spouse” in the first place where it occurs —

“ or de facto partner ”; and

(ii) by inserting after “spouse” in the second place where it occurs —

“ or de facto partner of a director ”;

(b) in paragraph (b) —

(i) by inserting after “spouse” in the first place where it occurs —

“ or de facto partner ”; and

(ii) by inserting after “spouse” in the second place where it occurs —

“ or de facto partner of a director ”.

Part 19 — Family Court Act 1997

49. Family Court Act amended

The amendments in this Part are to the Family Court Act 1997*.

[* Act No. 40 of 1997.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 124 and Act No. 3 of 2002.]

50. Section 5 amended and validation

(1) Section 5 is amended by deleting the definition of “de facto relationship”.

(2) In subsection (3) —

“relevant action” means anything done under the Family Court Act 1997 —

(a) after the commencement of the Family Court Amendment Act 2002; but

(b) before the commencement of this section.

(3) It is declared that by force of this section —

(a) any relevant action is and has always been as valid and effective as it would have been; and

(b) the rights and liabilities of all persons are and have always been the same as they would have been,

if subsection (1) had come into operation on the day on which the Family Court Amendment Act 2002 came into operation.

51. Section 19 amended

Section 19 is amended as follows:

(a) in paragraph (b) by deleting “widow or widower and” and inserting instead —

“ surviving spouse, de facto partner or ”;

(b) by deleting “widow or widower and” and inserting instead —

“ surviving spouse, de facto partner or ”.

52. Section 24 amended

Section 24(b) is amended by deleting “widow or widower and” in each place where it occurs and inserting instead —

“ surviving spouse, de facto partner or ”.

Part 20 — Fatal Accidents Act 1959

53. Fatal Accidents Act 1959 amended

The amendments in this Part are to the Fatal Accidents Act 1959*.

[* Reprinted as approved 13 April 1976.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 125.]

54. Section 3 amended

Section 3(2)(b) is amended by deleting “mother and reputed father” and inserting instead —

“ parents ”.

55. Section 5 amended

Section 5(2)(c)(v) is amended by deleting “pensions to widows;” and inserting instead —

“

a pension to the spouse or a de facto partner of the deceased,

”.

56. Section 6 amended

(1) Section 6(3) is amended as follows:

(a) by deleting “father” in each place where it occurs and inserting instead —

“ parent ”;

(b) by deleting “paternity” in both places where it occurs and inserting instead —

“ parentage ”;

“ or her ”.

(2) After section 6(3) the following subsection is inserted —

“

(3a) Subsection (3) does not apply to or in respect of a relationship established by the Artificial Conception Act 1985.

”.

57. Schedule 2 amended

Schedule 2 is amended as follows:

(a) by deleting paragraph (a) and inserting instead —

“

(a) a person who immediately before the deceased’s death was —

(i) the spouse of the deceased; or

(ii) a de facto partner of the deceased who was living in a de facto relationship with the deceased and had been living on that basis with the deceased for at least 2 years immediately before the deceased died;

”;

(b) in paragraph (b) by deleting “father, mother, grandfather, grandmother, stepfather or stepmother” and inserting instead —

“ parent, grandparent or step parent ”;

“

and

(g) any person who was a former spouse or former de facto partner of the deceased person whom the deceased was legally obliged, immediately before his or her death, to make provision for with respect to financial matters.

”.

Part 21 — Firearms Act 1973

58. Firearms Act 1973 amended

The amendments in this Part are to the Firearms Act 1973*.

[* Reprinted as at 11 August 2000.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 139.]

59. Section 8 amended

Section 8(2) is amended in paragraphs (a), (b) and (c) of the definition of “family member” by deleting “de facto spouse” in each place where it occurs and inserting instead —

“ de facto partner ”.

Part 22 — First Home Owner Grant Act 2000

60. First Home Owner Grant Act 2000 amended

The amendments in this Part are to the First Home Owner Grant Act 2000*.

[* Act No. 16 of 2000.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 139.]

61. Section 3 amended

Section 3(1) is amended as follows:

(a) by inserting in the appropriate alphabetical position the following definition —

“

“de facto partner”, in relation to an applicant for a first home owner grant, means a person who, on the commencement date of the eligible transaction to which the application relates, is living in a de facto relationship with the applicant and has lived on that basis with the applicant for at least 2 years;

”;

(b) in the definition of “spouse” by deleting “given” and inserting instead —

“ affected ”.

62. Section 7 amended

(1) Section 7(1) is repealed and the following section is inserted instead —

“

(1) A person is the “spouse” of an applicant for a first home owner grant if, on the commencement date of the eligible transaction to which the application relates, the person is married to the applicant.

”.

(2) Section 7(2) is amended by deleting “legally” in each place where it occurs.

63. Section 11 amended

Section 11(1)(a) is amended by inserting after “spouse” —

“ or de facto partner ”.

64. Section 12 amended

(1) Section 12(1) is amended by inserting after “spouse” —

“ or de facto partner ”.

(2) Section 12(3) is amended by inserting after “spouse” —

“ or de facto partner ”.

65. Section 65 amended

Section 65(7) is amended in the definition of “confidential information” by inserting after “spouse” —

“ or de facto partner ”.

Part 23 — Freedom of Information Act 1992

66. Freedom of Information Act 1992 amended

The amendment in this Part is to the Freedom of Information Act 1992*.

[* Reprinted as at 3 March 2000.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 144 and Act No. 21 of 2002.]

67. Glossary amended

The Glossary is amended in clause 1 by inserting in the appropriate alphabetical position —

“

“relative”, in relation to a person, includes a de facto partner of a person;

”.

Part 24 — Gold Corporation Act 1987

68. Gold Corporation Act 1987 amended

The amendments in this Part are to the Gold Corporation Act 1987*.

[* Reprinted as at 2 January 2001.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 150.]

69. Schedule 1 amended

Schedule 1 clause 5 is amended as follows:

(a) in subclause (1) by deleting “spouse” and inserting instead —

“ spouse or de facto partner ”;

(b) by deleting subclause (2).

Part 25 — Government Employees’ Housing Act 1964

70. Government Employees’ Housing Act 1964 amended

The amendment in this Part is to the Government Employees’ Housing Act 1964*.

[* Reprinted as at 8 December 2000.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 151.]

71. Section 28 amended

Section 28(1)(d) is amended by inserting after “spouse” —

“ or de facto partner ”.

Part 26 — Health Act 1911

72. Health Act 1911 amended

The amendments in this Part are to the Health Act 1911*.

[* Reprinted as at 31 March 2000.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 163.]

73. Section 3 amended

Section 3(1) is amended by inserting in the appropriate alphabetical position the following definition —

“

“relative”, in relation to a person, includes a de facto partner of the person;

”.

74. Section 147 amended

Section 147(2) is amended as follows:

(a) by deleting “his widow or any member of his” and inserting instead —

“

the widow or widower of the person, a person who was a de facto partner of the person immediately before the death of the person, or any member of the person’s

”;

(b) by deleting “his death” and inserting instead —

“ the person’s death ”.

75. Section 159 amended

Section 159 is amended by deleting “wife or husband” and inserting instead —

“ spouse or de facto partner ”.

76. Section 168 amended

Section 168(2) is amended in paragraph (a) in the second proviso by deleting “widow, husband” and inserting instead —

“ spouse, de facto partner ”.

77. Section 302 amended and consequential amendment

(1) Section 302(1) is amended by deleting “and by such notice warn the patient against contracting any marriage until he is certified as cured,”.

(2) Section 302(2) and (3) are repealed.

(3) Schedule 5 is amended under the heading “Part II” by deleting “302(3),”.

Part 27 — Health Services (Conciliation and Review) Act 1995

78. Health Services (Conciliation and Review) Act 1995 amended

The amendment in this Part is to the Health Services (Conciliation and Review) Act 1995*.

[* Reprinted as at 1 June 2001.]

79. Section 20 amended

After section 20(3) the following subsection is inserted —

“

(4) In subsection (3) —

“relative”, in relation to a user, includes a de facto partner of the user.

”.

Part 28 — Hospital Fund Act 1930

80. Hospital Fund Act 1930 amended

The amendments in this Part are to the Hospital Fund Act 1930*.

[* Reprint in Appendix to Session Volume 1937‑1938.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 167.]

81. Section 2 amended

Section 2 is amended in the definition of “Dependant” by deleting “wife” and inserting instead —

“ spouse, de facto partner ”.

82. Section 11 repealed

Section 11 is repealed.

Part 29 — Housing Act 1980

83. Housing Act 1980 amended

The amendments in this Part are to the Housing Act 1980*.

[* Reprinted as at 27 May 1999.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 169.]

84. Section 5 amended

(1) Section 5(1)(a) is amended by deleting the definition of “spouse”.

(2) Section 5(1)(c) is amended by inserting after “spouse” —

“ , de facto partner ”.

85. Section 31 amended

Section 31(1) is amended by deleting “or deceased spouse” in both places where it occurs and inserting instead —

“

, de facto partner or deceased spouse or deceased de facto partner

”.

Part 30 — Housing Loan Guarantee Act 1957

86. Housing Loan Guarantee Act 1957 amended

The amendments in this Part are to the Housing Loan Guarantee Act 1957*.

[* Reprinted as at 4 February 2000.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 171.]

87. Schedule amended

The Schedule is amended in each clause referred to in the Table to this section by inserting after “spouse” —

“ , or de facto partner, ”.

Table

cl. 1(1)(a), 2(1)(a), (6)(b) and (c) and 3(1)(a)

Part 31 — Industrial Relations Act 1979

88. Industrial Relations Act 1979 amended

The amendments in this Part are to the Industrial Relations Act 1979*.

[* Reprinted as at 4 February 2000.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 177 and Act No. 20 of 2002.]

89. Section 20 amended

Section 20(12) is amended by deleting “the widow or widower and children” in both places where it occurs and inserting instead —

“ a surviving spouse, de facto partner or child ”.

90. Section 97WY amended

Section 97WY(1)(a) is amended by deleting “of the person with a mental disability” and inserting instead —

“

, or de facto partner, of the person with a mental disability and has reached 18 years of age

”.

Part 32 — Inheritance (Family and Dependants Provision) Act 1972

91. Inheritance (Family and Dependants Provision) Act 1972 amended

The amendment in this Part is to the Inheritance (Family and Dependants Provision) Act 1972*.

[* Act No. 57 of 1972.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 178 and Act No. 3 of 2002.]

92. Section 4 amended

After section 4(4) the following subsection is inserted —

“

(4a) Subsection (4) does not apply to or in relation to a relationship established by the Artificial Conception Act 1985.

”.

Part 33 — Judges’ Salaries and Pensions Act 1950

93. Judges’ Salaries and Pensions Act 1950 amended

The amendments in this Part are to the Judges’ Salaries and Pensions Act 1950*.

[* Reprinted as at 3 March 1994.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 187.]

94. Section 2 amended

Section 2(1) is amended by deleting the definition of “Schedule” and inserting the following definition instead —

“

“spouse or de facto partner”, in relation to a Judge or former Judge who has died means —

(a) the widow or widower of the Judge or former Judge; or

(b) a person who, at the time of the death of the Judge or former Judge, was a de facto partner of the Judge or former Judge.

”.

95. Section 7 amended

(1) Section 7(1) is repealed and the following subsection is inserted instead —

“

(1) The Second Schedule sets out the pensions and allowances payable under this Act to and in respect of spouses, de facto partners and children of Judges and retired Judges.

”.

(2) Section 7(3) is repealed and the following subsection is inserted instead —

“

(3) A pension is not payable under this Act to a de facto partner of a Judge or former Judge who died before the commencement of this subsection.

”.

96. Section 8A amended

Section 8A is amended as follows:

(a) by deleting “widow” in the first place where it occurs and inserting instead —

“ spouse or de facto partner ”;

(b) by deleting paragraph (a) and inserting instead —

“

(a) a pension under this Act as the spouse or de facto partner of a Judge or retired Judge;

”;

“ being the spouse or de facto partner of a ”.

97. Section 8B amended

(1) Section 8B(5) is repealed.

(2) Section 8B(6) is amended as follows:

(a) in paragraph (a) by deleting “his widow or in respect of any eligible child of his” and inserting instead —

“

the spouse or de facto partner of such a Judge or in respect of any eligible child of such a Judge

”;

(b) in paragraph (b) by deleting “widow or in respect of any eligible child of a Judge who dies prior to his retirement” and inserting instead —

“

spouse or de facto partner, or in respect of any eligible child, of a Judge who dies prior to retiring

”.

98. Section 14 amended

Section 14 is amended by deleting “widow and” and inserting instead —

“ spouse, de facto partner or ”.

99. Second Schedule amended

(1) Part 1 of the Second Schedule is repealed and the following Part is inserted instead —

“

Part 1 — Pensions for spouses and de facto partners

1. Pension on death of Judge in office

If a Judge dies and is survived by a spouse or de facto partner, the spouse or de facto partner is entitled to a pension of an amount equal to —

(a) if the Judge died before 1 December 1987, 62.5% of the pension to which the Judge would have been entitled under section 6(2) if the Judge had retired on the day the Judge dies; or

(b) if the Judge died on or after 1 December 1987, 37.5% of current judicial salary.

2. Pension on death of retired Judge

If a former Judge dies after retiring and is survived by a spouse or de facto partner, the spouse or de facto partner is entitled to a pension of an amount equal to —

(a) if the former Judge retired before 1 December 1987, 62.5% of the pension which the former Judge was receiving before death; or

(b) if the former Judge retired on or after 1 December 1987, 62.5% of the pension which would have been payable to the former Judge if the former Judge had not died.

3. Payment of pension

(1) Subject to subclause (2), a pension under this Part is payable from the day after the Judge died.

(2) If a person entitled to a pension under clause 2 —

(a) was not the former Judge’s spouse or de facto partner when the former Judge retired; and

(b) has not attained the age of 55 years on the day the former Judge died,

the pension is payable from —

(d) such earlier day as the Minister considers appropriate in the circumstances.

(3) A pension under this Part is payable until the death of the person to whom it is payable.

”.

(2) The Second Schedule Part II Division A is amended as follows:

(a) in item 2(1)(a) by deleting “his death a” and inserting instead —

“ his or her death a widow or ”;

(b) in item 2(1)(b) by inserting after “widow” in both places where it occurs —

“ or widower ”;

(i) by inserting after “widow” in both places where it occurs —

“ or widower ”; and

(ii) by inserting after “her” —

“ or his ”.

(3) The Second Schedule Part II Division B is amended as follows:

(a) in the definition of “eligible child” by deleting “widow or other”;

(b) in the definition of “relevant pension” by deleting “him if he had” and inserting instead —

“ the Judge had the Judge ”;

“ spouse or de facto partner ”;

(d) in item 2(1)(a) by deleting “widow” in both places where it occurs and inserting instead —

“ spouse or de facto partner ”;

(e) in item 2(1)(b) by deleting “widow” and inserting instead —

“ spouse or de facto partner ”.

(4) The Second Schedule Part III is amended by inserting after item 2 the following item —

“

Item 3:

If more than one person is entitled under Part 1 to a pension as the spouse or de facto partner of a particular Judge or former Judge, then each of those persons are entitled only to a share of the pension that would be payable if there was only one spouse or de facto partner, apportioned between them as is determined by the Minister.

”.

Part 34 — Land Tax Assessment Act 2002

100. Land Tax Assessment Act 2002 amended

The amendments in this Part are to the Land Tax Assessment Act 2002*.

[* Act No. 52 of 2002.]

101. Section 21 amended

Section 21(1) is amended as follows:

(a) by deleting “or” and the end of paragraph (a);

(b) by deleting the full stop at the end of paragraph (b) and inserting instead —

“

; or

(c) by persons who have lived in a de facto relationship with each other for at least 2 years, whether or not they still live on that basis, at least one of whom uses it as his or her primary residence.

”.

Part 35 — Life Assurance Companies Act 1889

102. Life Assurance Companies Act 1889 amended

The amendments in this Part are to the Life Assurance Companies Act 1889*.

[* Reprint in Volume 2 of Reprinted Acts.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 209.]

103. Section 70 amended

Section 70 is amended by deleting “his widow, or any adult child of his, and the receipt of such widow or child” and inserting instead —

“

any —

(a) person who was the spouse or de facto partner of the holder of the policy immediately before the death of the holder; or

(b) child who has attained the age of 18 years of the holder of the policy,

and the receipt of any of those persons

”.

Part 36 — Liquor Licensing Act 1988

104. Liquor Licensing Act 1988 amended

The amendments in this Part are to the Liquor Licensing Act 1988*.

[* Reprinted as at 23 February 2001.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 211.]

105. Section 3 amended

Section 3(1) is amended in the definition of “relative” by deleting “person who, although not legally married to the licensee, ordinarily lives with the licensee on a permanent and domestic basis as the spouse” and inserting instead —

“ de facto partner ”.

106. Section 125 amended

(1) Section 125(1)(a)(ii) is amended by inserting after “spouse” —

“ or de facto partner ”.

(2) Section 125(2)(b) is amended by inserting after “spouse” the following —

“ , de facto partner ”.

(3) Section 125(3) is repealed and the following subsection is inserted instead —

“

(3) In this section —

“a member of the family”, in relation to a person, includes a de facto partner of the person.

”.

Part 37 — Local Courts Act 1904

107. Local Courts Act 1904 amended

The amendments in this Part are to the Local Courts Act 1904*.

[* Reprinted as at 12 January 2001.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 214.]

108. Section 126 amended

Section 126 is amended by deleting “wife” and inserting instead —

“ spouse or de facto partner ”.

Part 38 — Local Government Act 1995

109. Local Government Act 1995 amended

The amendments in this Part are to the Local Government Act 1995*.

[* Reprinted as at 18 February 2000.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 215.]

110. Section 5.62 amended

Section 5.62(1) is amended as follows:

(a) in paragraph (e) by deleting “or a child of the relevant person” and inserting instead —

“ , de facto partner or child of the relevant person ”;

(b) in paragraph (f) by inserting after “spouse” in both places where it occurs —

“ or de facto partner ”.

111. Section 5.63 amended

Section 5.63(1)(d)(ii) is amended by inserting after “spouse” in both places where it occurs —

“ , de facto partner ”.

112. Section 5.64 repealed

Section 5.64 is repealed.

113. Section 5.74 amended

(1) Section 5.74(1) is amended in the definition of “relative” as follows:

(a) in paragraph (a) by inserting after “spouse” —

“ or de facto partner ”;

(b) in paragraph (b) by inserting after “spouse” in both places where it occurs —

“ or de facto partner ”.

(2) Section 5.74(4) and (5) are repealed.

114. Section 9.44 amended

(1) Section 9.44(1) is amended by inserting after “spouse” —

“ or de facto partner ”.

(2) Section 9.44(2) is repealed.

Part 39 — Married Women’s Property Act 1892 and related amendments

115. Married Women’s Property Act 1892 and Married Women’s Property Act 1895 repealed

(1) The Married Women’s Property Act 1892 is repealed.

(2) The Married Women’s Property Act 1895 is repealed.

116. Law Reform (Miscellaneous Provisions) Act 1941 amended

(1) The amendments in this section are to the Law Reform (Miscellaneous Provisions) Act 1941*.

[* Reprinted as at 12 July 2002.]

(2) The long title is amended by deleting “the law relating to the liabilities of husbands” and inserting instead —

“

and re‑state the law relating to the legal capacity of spouses

”.

(3) Sections 2 and 3 are repealed and the following sections are inserted instead —

“

2. Doctrine of unity of spouses abolished

The common law doctrine of unity of spouses is abolished.

3. Spousal capacity

(1) A married person has a legal personality that is independent, separate and distinct from the legal personality of the person’s spouse.

(2) A married person has the same legal capacity that the person would have if the person were unmarried.

(3) This section applies to a married person whether the person married before or after the commencement of this section.

”.

117. Companies (Co‑operative) Act 1943 amended

(1) The amendment in this section is to the Companies (Co‑operative) Act 1943*.

[* Reprinted as at 14 January 2000.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 60 and Gazette 28 June 2002 p. 3052-4.]

(2) Section 183 is repealed.

118. The Criminal Code amended

(1) The amendments in this section are to The Criminal Code*.

[* Reprinted as at 9 February 2001 as the Schedule to the Criminal Code Act 1913 appearing as Appendix B to the Criminal Code Compilation Act 1913.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 89 and Acts Nos. 3, 6 and 8 of 2002.]

(2) Section 32 is repealed.

(3) Section 35 is repealed.

(4) Section 377 is repealed.

(5) Section 584(7) is repealed.

119. Hospitals and Health Services Act 1927 amended

(1) The amendments in this section are to the Hospitals and Health Services Act 1927*.

[* Reprinted as at 15 October 1999.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 168 and Act No. 17 of 2002.]

(2) Section 33(2) is amended as follows:

(a) by deleting “a married woman not living apart from her husband or”;

(b) by deleting “the husband of the married woman, and”.

120. Limitation Act 1935 amended

(1) The amendments in this section are to the Limitation Act 1935*.

[* Reprint approved 5 May 1983.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 209‑10.]

(2) Section 16 is amended by deleting “coverture (except in the case of a married woman entitled to make such entry or distress, or bring such action),”.

(3) Section 47(1)(b) is amended by deleting “shall run against a married woman entitled in possession to her separate use, whether with or without a restraint upon anticipation; but”.

121. Local Courts Act 1904 amended

(1) The amendments in this section are to the Local Courts Act 1904*.

[* Reprinted as at 12 January 2001.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 214.]

(2) Section 48(b) is amended by deleting subparagraph (ii) and “or” after it.

(3) Section 130(5) is repealed.

122. Motor Vehicle (Third Party Insurance) Act 1943 amended

(1) The amendments in this section are to the Motor Vehicle (Third Party Insurance) Act 1943*.

[* Reprinted as at 20 November 1998.]

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 252 and Act No. 7 of 2002.]

(2) Section 6A is repealed.

(3) Section 8A is repealed.

(4) Section 29A is amended by deleting “of section 6A(3),”.

123. Newspaper Libel and Registration Act 1884 amended

(1) The amendment in this section is to The Newspaper Libel and Registration Act 1884*.

[* Reprinted as at 15 December 1988.]

(2) Section 7 is amended by deleting “coverture,”.

124. Parliament (Qualification of Women) Act 1920 repealed

The Parliament (Qualification of Women) Act 1920 is repealed.

125. Property Law Act 1969 amended and transitional provision

(1) The amendments in this section are to the Property Law Act 1969*.

[* Reprinted as at 21 May 1999.]

(2) Section 31 is repealed.

(3) A restriction upon anticipation or alienation attached to the enjoyment of any property by a woman which —

(a) at the time it was attached, could not have been attached to the enjoyment of that property by a man; and

(b) continued to have effect after the commencement of section 31 of the Property Law Act 1969,

is of no effect.

126. Restraint of Debtors Act 1984 amended

(1) The amendment in this section is to the Restraint of Debtors Act 1984*.

[* Act No. 73 of 1984.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 322.]

(2) Section 4 is repealed.

127. Supreme Court Act 1935 amended

(1) The amendments in this section are to the Supreme Court Act 1935*.

[* Reprinted as at 9 February 2001.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 370.]

(2) Section 175(1) is amended by deleting “; and to take the acknowledgments of deeds executed by married women”.

(3) Section 175(3) is repealed.

128. Town Allotments (Boundaries) Act 1844 amended

(1) The amendments in this section are to the Town Allotments (Boundaries) Act 1844*.

[* Reprinted as at 17 August 2001.]

(2) Section 21 is amended by deleting “a feme covert,” and inserting instead —

“ an ”.

129. Transfer of Land Act 1893 amended

(1) The amendments in this section are to the Transfer of Land Act 1893*.

[* Reprinted as at 9 February 2001.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 385.]

(2) Section 3(1) is amended by deleting “This Act shall not be construed to limit abridge or extend any provisions of the Married Women’s Property Act 1892.”.

(3) Section 84 is amended as follows:

(a) by deleting “to his wife; or if such proprietor be a married woman it shall be lawful for her to make such transfer to her husband; or it shall be lawful for such proprietor to make such transfer”;

(b) by deleting “to create or execute any power of appointment or disposition or to” and inserting instead —

“

create or execute any power of appointment or disposition or

”.

(4) Section 85 is amended by deleting “; and every instrument acknowledged within Western Australia by any woman appearing by the Register to be married (whether a sole proprietor or not) and certified under the hand of the Registrar or of some Assistant Registrar or Commissioner for taking affidavits in the Supreme Court of Western Australia in the form in the Tenth Schedule and every instrument acknowledged out of Western Australia by any woman appearing by the Register to be married (whether a sole proprietor or not) and certified under the hand of a Commissioner for taking affidavits in the Supreme Court of Western Australia in the form in the said schedule shall when such instrument has been registered be as valid and effectual to all intents and purposes as a deed duly executed and acknowledged or an instrument duly signed and acknowledged by her would have been under any law heretofore or now in force in Western Australia or as any other form of document would have been either at law or in equity; and such certificate shall be deemed and received as sufficient evidence of the due signature and acknowledgment by her of the instrument therein referred to. Provided always that a married woman entitled to her separate use and not restrained from anticipation or having a power of appointment shall for the purposes of this Act be deemed a feme sole”.

(5) Section 188(iii) is amended by deleting “coverture”.

(6) The Tenth Schedule is repealed.

130. Trustee Ordinance 1854 amended

(1) The amendment in this section is to the Trustee Ordinance 1854*.

[* 17 Vict., No. 10 of 1854.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 389.]

(2) Section 2 is amended in the definition of “convey” and “conveyance” by deleting “married woman and”.

Part 40 — Medical Act 1894

131. Medical Act 1894 amended

The amendment in this Part is to the Medical Act 1894.

[* Reprinted as at 25 February 2000.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 230.]

132. Section 21B amended

After section 21B(3) the following subsection is inserted —

“

(4) In subsection (1) —

“relative”, in relation to a patient, includes a de facto partner of the patient.

”.

Part 41 — Members of Parliament (Financial Interests) Act 1992

133. Members of Parliament (Financial Interests) Act 1992 amended

The amendments in this Part are to the Members of Parliament (Financial Interests) Act 1992*.

[* Act No. 44 of 1992.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 231 and Act No. 3 of 2002.]

134. Section 3 amended

Section 3(5) is amended by deleting “with the Member or relative as a de facto spouse if either — ” and paragraphs (a) and (b) and inserting instead —

“

as a de facto partner of the Member or relative and has been so living during the whole of the 2 years immediately preceding that time

”.

Part 42 — Mental Health Act 1996

135. Mental Health Act 1996 amended

The amendments in this Part are to the Mental Health Act 1996*.

[* Act No. 68 of 1996.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 231.]

136. Section 3 amended

Section 3 is amended as follows:

(a) in the definition of “relative” by inserting after “spouse,” —

“ de facto partner, ”;

(b) by deleting the definition of “spouse”.

137. Section 193 amended

Section 193 is amended in the definition of “related person” by inserting after “spouse” in paragraphs (b), (c) and (d) —

“ , de facto partner ”.

138. Schedule 3 amended

Schedule 3 clause 2 is amended as follows:

(a) in paragraph (f) by deleting “or a child of the official visitor and is living with the official visitor” and inserting instead —

“ , de facto partner or child of the official visitor ”;

(b) in paragraph (g) by deleting “if the spouse is living with the official visitor” and inserting instead —

“ or de facto partner ”.

Part 43 — Mine Workers’ Relief Act 1932

139. Mine Workers’ Relief Act 1932 amended

The amendments in this Part are to the Mine Workers’ Relief Act 1932*.

[* Reprinted as at 29 September 1987.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 241.]

140. Schedule 2 amended

(1) Schedule 2 Part I paragraph 2 is amended as follows:

(a) in the definition of “dependants” by deleting “wife, widow until she remarries, father, mother, grandfather, grandmother, step‑father, step‑mother” and inserting instead —

“

spouse, de facto partner, surviving spouse, surviving de facto partner (until that spouse or partner subsequently marries or enters into a de facto relationship), parent, step‑parent, grandparent

”;

(b) inserting in the appropriate alphabetical position the following definition —

“

“surviving spouse or surviving de facto partner”, in relation to a person who has died, means —

(a) the widow or widower of that person; or

(b) a person who was, immediately before the death of the person, a de facto partner of that person;

”.

(2) Schedule 2 Part III paragraph 12(4) is amended as follows:

(a) by deleting “wife or a” and inserting instead —

“ spouse, de facto partner or ”;

(b) by deleting “wife” in each of the other places where it occurs and inserting instead —

“ spouse, de facto partner ”.

141. Schedule 3 amended

(1) Schedule 3 is amended by inserting before “Persons” the clause designation —

“ 1. ”.

(2) Schedule 3 is amended by deleting the Table commencing “single man........4” and ending “worker dependant on him .............................1” and inserting instead —

“

(1)	Basic payment for a mine worker ..........................	4
(2)	Additional payment to a mine worker in respect of —
	(a) the spouse or de facto partner of the mine worker ............................................................	4
	(b) each child under 16 years of age, dependent on the mine worker ........................................	1
(3)	Basic payment for surviving spouse or surviving de facto partner, of a mine worker .........................	4
(4)	Additional payment for surviving spouse, or surviving de facto partner, of a mine worker in respect of each child under 16 years of age who was dependent on the mine worker immediately before the worker’s death .......................................	1
(5)	Payment for a parent of a mine worker who was dependent on the mine worker immediately before the worker’s death .................................................	2
(6)	Payment for guardian of each child under 16 years of age who was dependent on a mine worker immediately before the worker’s death ..................	2

”.

(3) Schedule 3 is amended as follows:

(a) by inserting before “Notwithstanding” the clause designation —

“ 2. ”;

(b) in paragraph (b) by deleting “widower, the additional payment in respect of any child under 16 years” and inserting instead —

“

mine worker who is a surviving spouse or surviving de facto partner, the additional payment under clause 1(2)(b)

”;

“

(c) a mine worker is not entitled to any payment under clause 1(2) unless the person the payment is made in respect of is being supported by the mine worker;

”;

(d) in paragraph (d) by deleting “in respect of a wife may be paid to the wife” and inserting instead —

“

under clause 1(2)(a) may be paid to the spouse or de facto partner of the mine worker

”;

(e) in paragraph (e) —

(i) by deleting “widow, the benefits” and inserting instead —

“

surviving spouse or surviving de facto partner, the payments under clause 1(4)

”;

and

(ii) by deleting “re‑marriage of the widow” and inserting instead —

“

subsequent marriage of the spouse or de facto partner, or on the spouse or de facto partner entering into a de facto relationship

”;

(f) in paragraph (f) —

(i) by deleting “widow” in both places where it occurs and inserting instead —

“

surviving spouse or surviving de facto partner

”;

and

(ii) by deleting “benefit under this Act until she has applied for such a pension and her application has been granted or refused.” and inserting instead —

“

payment under this Act until such an application has been made and dealt with.

”.

(4) At the end of Schedule 3 the following clause is inserted —

“

3. In this Schedule —

“dependants” has the same meaning as it has in Schedule 2;

“surviving spouse or surviving de facto partner” has the same meaning as it has in Schedule 2.

”.

Part 44 — Mine Workers’ Relief (Payments Authorisation) Act 1940

142. The Mine Workers’ Relief (Payments Authorisation) Act 1940 repealed

The Mine Workers’ Relief (Payments Authorisation) Act 1940 is repealed.

Part 45 — Minimum Conditions of Employment Act 1993

143. Minimum Conditions of Employment Act 1993 amended

The amendments in this Part are to the Minimum Conditions of Employment Act 1993*.

[* Reprinted as at 4 June 1997.

For subsequent amendments see Act No. 20 of 2002.]

144. Section 3 amended

Section 3(1) is amended by deleting the definition of “de facto spouse”.

145. Section 20A amended

Section 20A(2)(a) is amended by deleting “de facto spouse” and inserting instead —

“ de facto partner ”.

146. Section 27 amended

Section 27(1)(a) is amended by deleting “de facto spouse” and inserting instead —

“ de facto partner ”.

147. Section 32 amended

Section 32 is amended as follows:

(a) in paragraph (a) of the definition of “adoption” —

(i) by deleting “natural”; and

(ii) by deleting “spouse” and inserting instead —

“ spouse or de facto partner ”;

(b) in the definition of “expected date of birth” by inserting after “spouse” —

“ or de facto partner ”;

(d) by deleting the definition of “spouse”.

148. Section 33 amended

Section 33(3) is amended as follows:

(a) by inserting after “spouse” —

“ or de facto partner ”;

(b) by deleting “leave — ” and inserting instead —

“

leave taken by the employee and the employee’s spouse or de facto partner immediately after —

”;

(d) in paragraph (b) by deleting “taken by the employee and the employee’s spouse immediately after”.

149. Section 34 amended

Section 34 is amended as follows:

(a) by inserting after “who” —

“ is pregnant and ”;

(b) by deleting “, other than for an adoption, ”.

150. References to “de facto partner” inserted

The provisions referred to in the Table to the section are amended by inserting after “spouse” in each place where it occurs —

“ or de facto partner ”.

Table

s. 33(1)(a) and (4), 35 and 36(1)

Part 46 — Mining Act 1978

151. Mining Act 1978 amended

The amendments in this Part are to the Mining Act 1978*.

[* Reprinted as at 7 September 2001.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 246 and Act No. 15 of 2002.]

152. Section 8 amended

Section 8(4)(a) is repealed and the following paragraph inserted instead —

“

(a) an individual, if the person is —

(i) a spouse or de facto partner;

(ii) a parent, grandparent or great-grandparent;

(iii) a child, grandchild or great-grandchild; or

(iv) a sibling,

of the individual, whether the relationship is a step relationship or a relationship established by, or traced through marriage or a de facto relationship, a written law or a natural relationship;

”.

Part 47 — The Partnership Act 1895

153. The Partnership Act 1895 amended

The amendments in this Part are to The Partnership Act 1895*.

[* Reprinted as at 26 July 1985.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 272.]

154. Section 8 amended

Section 8(3)(c) is amended by deleting “being the widow or” and inserting instead —

“

who, immediately before the death of a deceased partner, was the spouse or de facto partner of the partner, or who is the

”.

Part 48 — Police Act 1892

155. Police Act 1892 amended

The amendments in this Part are to the Police Act 1892*.

[* Reprinted as at 12 January 2001.

For subsequent amendments see Act No. 6 of 2002.]

156. Section 27 repealed

Section 27 is repealed.

157. Section 66 amended

Section 66(10) is repealed.

158. Section 138 amended

After section 138(4) the following subsection is inserted —

“

(5) In this section —

“close relative”, in relation to a person, includes a de facto partner of the person.

”.

Part 49 — Property Law Act 1969

159. Property Law Act 1969 amended

The amendments in this Part are to the Property Law Act 1969*.

[* Reprinted as at 25 May 1999.]

160. Section 31A amended

Section 31A(5) is amended as follows:

(a) by deleting “father” in each place where it occurs and inserting instead —

“ parent ”;

(b) by inserting after “his” in both places where it occurs —

“ or her ”;

“ parentage ”.

161. Section 102 amended

Section 102(4) is amended by inserting after “spouse” in both places where it occurs —

“ or de facto partner ”.

162. Section 105 amended

Section 105(3) is amended by inserting after “person,” —

“ or on any person entering into a de facto relationship, ”.

163. Section 108 amended

(1) Section 108 is amended by inserting before “The” the subsection designation “(1)”.

(2) At the end of section 108 the following subsection is inserted —

“

(2) The de facto partner of a person who is a life in being for the purpose of the rule against perpetuities shall be deemed a life in being for the purpose of —

(a) a limitation in favour of that de facto partner; and

(b) a limitation in favour of a person who attains, or of a class the members of which attain, according to the limitation, a vested interest on or after the death of the survivor of that person and the person’s de facto partner.

”.

164. Section 115 amended

Section 115(1) is amended as follows:

(a) in paragraph (a) by inserting after “widowers,” —

“ de facto partners, ”;

(b) in paragraph (b) by inserting after “widowers,” —

“ de facto partners, ”.

Part 50 — Rates and Charges (Rebates and Deferments) Act 1992

165. Rates and Charges (Rebates and Deferments) Act 1992 amended

The amendments in this Part are to the Rates and Charges (Rebates and Deferments) Act 1992*.

[* Reprinted as at 19 May 2000.
For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 316.]

166. Section 3 amended

(1) Section 3(1) is amended by inserting the following definition in the appropriate alphabetical position —

“

“de facto partner” does not include a person who, on an apparently permanent and voluntary basis, lives separately and apart from their de facto partner;

”.

(2) Section 3(1) is amended in the definition of “dependant” by inserting after paragraph (a) the following paragraph —

“ (ab) a de facto partner of that person; ”.

(3) Section 3(1) is amended in the definition of “spouse” by deleting “, includes a de facto spouse, subject to section 4, but”.

167. Section 4 repealed

Section 4 is repealed.

168. Section 27 amended

Section 27(5) is amended by inserting after “spouse” in each place where it occurs —

“ or de facto partner ”.

169. Section 28 amended

(1) Section 28(3) is amended by inserting after “spouse” in both places where it occurs —

“ or de facto partner ”.

(2) Section 28(4)(b) is amended by inserting after “spouse” —

“ or de facto partner ”.

170. Section 31 amended

Section 31(2) is amended by deleting “spouses” and inserting instead —

“ partners ”.

171. Section 43 amended

Section 43(4)(a) is amended by inserting after “spouse” —

“ or de facto partner ”.

172. Section 44 amended

Section 44(2)(c)(iii) is amended by inserting after “spouse” in both places where it occurs —

“ or de facto partner ”.

173. Section 45 amended

(1) Section 45(1) is amended by inserting after “spouse” in each place where it occurs —

“ or de facto partner ”.

(2) Section 45(2) is amended by inserting after “spouse” in each place where it occurs —

“ or de facto partner ”.

Part 51 — Real Estate and Business Agents Act 1978

174. Real Estate and Business Agents Act 1978 amended

The amendments in this Part are to the Real Estate and Business Agents Act 1978*.

[* Reprinted as at 9 March 2001.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 317.]

175. Section 72 amended

Section 72(3) is amended by inserting after “Board” in the first place where it occurs —

“ any de facto relationship or ”.

176. Section 117(5) amended

Section 117(5) is amended by inserting after “spouse” —

“ or de facto partner ”.

177. The Schedule amended

(1) The Schedule is amended in clause 1(d) by inserting after “licensee” in the first place where it occurs —

“

, or a de facto partner of such a licensee (and has been for not less than 2 years immediately before the death or incapacity of the licensee),

”.

(2) The Schedule is amended in clause 4 by inserting after “licence” in the first place where it occurs —

“ is to be granted at the discretion of the Board and ”.

(3) The Schedule is amended in clause 5(1) by deleting “not an executor, administrator, trustee, spouse, or child of a deceased licensee or who is not a spouse or child of an incapacitated licensee may” and inserting instead —

“

not —

(a) an executor, administrator, trustee or child of a deceased licensee, or who was not the spouse or de facto partner, within the meaning of clause 1(d), of a deceased licensee immediately before the death of the licensee; or

(b) in respect of an incapacitated licensee, the spouse or de facto partner of the licensee, within the meaning of clause 1(d), of the licensee,

may

”.

Part 52 — Retirement Villages Act 1992

178. Retirement Villages Act 1992 amended

The amendments in this Part are to the Retirement Villages Act 1992*.

[* Reprinted as at 22 January 1999.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 323.]

179. Section 3 amended

Section 3(1) is amended as follows:

(a) in the definition of “resident” by inserting after “spouse” —

“ or de facto partner ”;

(b) in the definition of “retired person” by inserting after “spouse” —

“ or de facto partner ”;

Part 53 — Settlement Agents Act 1981

180. Settlement Agents Act 1981 amended

The amendments in this Part are to the Settlement Agents Act 1981*.

[* Reprinted as at 3 November 2000.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 341.]

181. Section 53 amended

Section 53(3) is amended by inserting after “Board” in the first place where it occurs —

“ any de facto relationship or ”.

182. Section 95(5) amended

Section 95(5) is amended by inserting after “spouse” —

“ or de facto partner ”.

183. Schedule 1 amended

(1) Schedule 1 clause 1(1)(d) is amended by inserting after “licensee” in the first place where it occurs —

“

, or a de facto partner of such a licensee (and has been for not less than 2 years immediately before the death or incapacity of the licensee),

”.

(2) Schedule 1 clause 2(1)(d) is amended by inserting after “licensee” in the first place where it occurs —

“

, or a de facto partner of such a licensee (and has been for not less than 2 years immediately before the death or incapacity of the licensee),

”.

(3) Schedule 1 is amended in clause 4 by inserting after “licence” in the first place where it occurs —

“ is to be granted at the discretion of the Board and ”.

(4) Schedule 1 is amended in clause 5(1) by deleting “not an executor, administrator, trustee, spouse or child of a deceased licensee or who is not a spouse or child of an incapacitated licensee may” and inserting instead —

“

not —

(a) an executor, administrator, trustee or child of a deceased licensee, or who was not the spouse or de facto partner, within the meaning of clause 1(1)(d) or 2(1)(d) as is relevant, of a deceased licensee immediately before the licensee’s death; or

(b) in respect of an incapacitated licensee, the spouse or de facto partner of the licensee, within the meaning of clause 1(1)(d) or 2(1)(d) as is relevant, of the licensee,

may

”.

Part 54 — Solicitor‑General Act 1969

184. Solicitor‑General Act 1969 amended

The amendments in this Part are to the Solicitor‑General Act 1969*.

[* Act No. 38 of 1969.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 346.]

185. Section 11 amended

Section 11 is amended as follows:

(a) by deleting “his widow and children after his death” in the first place where it occurs and inserting instead —

“

a surviving spouse, de facto partner or child of a Solicitor‑General after the death of the Solicitor‑General

”;

(b) by deleting “his widow and children after his death” in the second place where it occurs and inserting instead —

“

a surviving spouse, de facto partner or child of such a Judge after the death of the Judge

”.

Part 55 — Stamp Act 1921

186. Stamp Act 1921 amended

The amendments in this Part are to the Stamp Act 1921*.

[* Reprinted as at 3 August 2001.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 354 and Acts Nos. 7 and 11 of 2002.]

187. Section 4 amended

Section 4(1) is amended by inserting in the appropriate alphabetical positions the following definitions —

“

“de facto partner of 2 years”, in relation to a person, means a person who is living in a de facto relationship with the person and has lived on that basis with the person for at least 2 years;

“de facto partners of 2 years” means 2 de facto partners of 2 years who are living in a de facto relationship with each other;

“former de facto partner of 2 years”, in relation to a person, means a person who has lived in a de facto relationship with that person for at least 2 years, but no longer lives with that person on that basis;

“surviving de facto partner of 2 years”, in relation to a person who has died, means a person who, immediately before the person’s death was living in a de facto relationship with that person and had lived with the person on that basis for at least 2 years;

”.

188. Section 63AB amended

(1) Section 63AB(5)(a) is amended by inserting after “spouses” —

“ , or de facto partners, ”.

(2) Section 63AB(6)(a), (b) and (c) is amended by inserting after “spouse” —

“ or de facto partner ”.

(3) Section 63AB(6)(d) is deleted and the following paragraphs are inserted instead —

“

(d) the spouse or de facto partner of the person;

(e) the spouse or de facto partner of a person referred to in paragraph (a), (b), or (c).

”.

(4) Section 63AB(7)(a) is amended by deleting “his mother and reputed father” and inserting instead —

“ that person’s parents ”.

(5) Section 63AB(7)(b) is deleted and the following paragraph is inserted instead —

“

(b) it is irrelevant whether a relationship is of the whole or half‑blood, or whether it is a natural relationship or a relationship established by a written law;

”.

189. Section 75AB amended

Section 75AB is amended by inserting after “widows” —

“ , widowers, surviving de facto partners of 2 years ”.

190. Section 75C amended

(1) Section 75C(1) is amended as follows:

(a) in paragraph (a) by deleting “living with each other as a de facto married couple” and inserting instead —

“ de facto partners of 2 years ”;

(b) by deleting paragraph (aa).

(2) Section 75C(4) is amended by deleting the definition of “de facto married couple”.

191. Section 75D amended

(1) Section 75D(1) is amended in the definition of “family member” by deleting paragraphs (e) and (f) and inserting instead —

“

(e) the spouse, former spouse, de facto partner of 2 years or former de facto partner of 2 years of the person; or

(f) the spouse or de facto partner of 2 years of a person referred to in paragraph (a), (b), (c) or (d),

”.

(2) Section 75D(2)(a) is amended by deleting “mother and reputed father” and inserting instead —

“ parents ”.

(3) Section 75D(2)(b) is deleted and the following paragraph is inserted instead —

“

(b) it is irrelevant whether a relationship is of the whole or half‑blood, or whether it is a natural relationship or a relationship established by a written law.

”.

192. Section 76 amended

(1) Section 76(2)(b)(i), (ii) and (iii) is amended by inserting after “spouse” —

“ or de facto partner ”.

(2) Section 76(2)(b)(iv) is deleted and the following subparagraphs are inserted instead —

“

(iv) the spouse or de facto partner of the individual;

(v) the spouse or de facto partner of an individual referred to in subparagraph (i), (ii), or (iii).

”.

(3) Section 76(3)(a) is amended by inserting after “spouses” —

“ , or de facto partners, ”.

(4) Section 76(4)(a) is amended by deleting “his mother and reputed father” and inserting instead —

“ that person’s parents ”.

(5) Section 76(4)(b) is deleted and the following paragraph is inserted instead —

“

(b) it is irrelevant whether a relationship is of the whole or half‑blood, or whether it is a natural relationship or a relationship established by a written law;

”.

193. Section 112Q amended

Section 112Q(2) is amended by deleting “, with such a person, is or was one of a de facto married couple (as that expression is defined in section 75C(4))” and inserting instead —

“

is a de facto partner of 2 years, or a former de facto partner of 2 years, or is a surviving de facto partner of 2 years, of the person

”.

Part 56 — Strata Titles Act 1985

194. Strata Titles Act 1985 amended

The amendments in this Part are to the Strata Titles Act 1985*.

[* Reprinted as at 1 July 1999.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 363.]

195. Section 6A amended

Section 6A(3) is amended as follows:

(a) in the definition of “retired person” by deleting “of such a person;” and inserting instead —

“ or de facto partner of such a person. ”;

(b) by deleting the definition of “spouse”.

196. Section 50A amended

Section 50A(4) is amended by inserting after “spouse” —

“ or de facto partner ”.

Part 57 — Supreme Court Act 1935

197. Supreme Court Act 1935 amended

The amendments in this Part are to the Supreme Court Act 1935*.

[* Reprinted as at 9 February 2001.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 126.]

198. Section 11B amended

Section 11B(3) is amended as follows:

(a) by deleting “his widow and children after his” in the first place where it occurs and inserting instead —

“

a surviving spouse, de facto partner or child of a Master after the Master’s

”;

(b) by deleting “his widow and children after his” in the second place where it occurs and inserting instead —

“

a surviving spouse, de facto partner or child of such a Judge after the Judges’

”.

199. Section 118 amended

Section 118(2)(b) is amended by deleting “wife” and inserting instead —

“ spouse or de facto partner ”.

200. Section 141 amended

Section 141(2)(b) is deleted.

Part 58 — Trustees Act 1962

201. Trustees Act 1962 amended

The amendments in this Part are to the Trustees Act 1962*.

[* Reprinted as at 11 January 2002.]

202. Section 61 amended

Section 61(3) is amended as follows:

(a) in paragraph (a) by deleting “wife or her husband” and inserting instead —

“ , or her, spouse or de facto partner ”;

(b) in paragraph (b) by deleting “wife or husband” and inserting instead —

“ spouse or de facto partner ”.

Part 59 — Water Corporation Act 1995

203. Water Corporation Act 1995 amended

The amendments in this Part are to the Water Corporation Act 1995*.

[* Reprinted as at 4 May 2001.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 403 and Act No. 20 of 2002 and Gazette 24 May 2002 p. 2605-17.]

204. Schedule 2 amended

Schedule 2 clause 14(1) is amended as follows:

(a) in paragraph (a) —

(i) by inserting after “spouse” in the first place where it occurs —

“ or de facto partner ”; and

(ii) by inserting after “spouse” in the second place where it occurs —

“ or de facto partner of a director ”;

(b) in paragraph (b) —

(i) by inserting after “spouse” in the first place where it occurs —

“ or de facto partner ”; and

(ii) by inserting after “spouse” in the second place where it occurs —

“ or de facto partner of a director ”.

Part 60 — Western Australian Aged Sailors, Soldiers and Airmen’s Relief Fund Act 1932

205. Western Australian Aged Sailors, Soldiers and Airmen’s Relief Fund Act 1932 amended

The amendments in this Part are to the Western Australian Aged Sailors, Soldiers and Airmen’s Relief Fund Act 1932*.

[* Reprinted as at 7 February 1989.]

206. Section 5 amended

Section 5 is amended by deleting “widows of such eligible sailors, soldiers and airmen. Provided always that such sailor, soldier, airman, nurse and widow” and inserting instead —

“

any person who, immediately before the death of any such sailor, soldier, airman or nurse, was the spouse or de facto partner of that person. Provided always that the person for whom the benefit is applied

”.

Part 61 — Western Australian Land Authority Act 1992

207. Western Australian Land Authority Act 1992 amended

The amendment in this Part is to the Western Australian Land Authority Act 1992*.

[* Reprinted as at 16 April 1999.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 410.]

208. Schedule 1 amended

Schedule 1 is amended in Part B clause 1(1) by inserting after “spouse,” —

“ de facto partner, ”.

Part 62 — Wills Act 1970

209. Wills Act 1970 amended

The amendments in this Part are to the Wills Act 1970*.

[* Reprinted as at 11 September 1996.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 418.]

210. Section 12 amended

Section 12 is amended by inserting after “spouse” —

“ or de facto partner ”.

211. Section 13 repealed and application provision

(1) Section 13 is repealed.

(2) The repeal effected by subsection (1) applies to and in respect of the will of any person dying on or after the date of the commencement of this section, whether the will was made or executed before, on or after that date but does not apply to the will of a person who died before that date.

212. Section 31 amended

(1) Section 31(1) is amended as follows:

(a) by deleting “father and mother” in the first place where it occurs and inserting instead —

“ or her parents ”;

(b) by deleting “father and mother” in the second place where it occurs and inserting instead —

“ parents ”.

(2) Section 31(2)(b) is amended as follows:

(a) by deleting “father and mother” and inserting instead —

“ parents ”;

(b) by deleting “father” and inserting instead —

“ or her parent ”;

(i) by deleting “paternity” and inserting instead —

“ parentage ”;

(ii) by deleting “father” and inserting instead —

“ parent ”; and

(iii) by inserting after “his” —

“ or her ”;

(d) in subparagraph (ii) —

(i) by deleting “father” and inserting instead —

“ parent ”; and

(ii) by deleting “paternity” and inserting instead —

“ parentage ”.

Part 63 — Workers’ Compensation and Rehabilitation Act 1981

213. Workers’ Compensation and Rehabilitation Act 1981 amended

The amendments in this Part are to the Workers’ Compensation and Rehabilitation Act 1981*.

[* Reprinted as at 14 September 2001.]

214. Section 5 amended

Section 5(1) is amended as follows:

(a) by inserting in the appropriate alphabetical position the following definition —

“

“de facto partner” in relation to compensation payable in respect of the death of a worker means —

(a) a person who, immediately before the death of the worker, was living in a de facto relationship with the worker and had been living on that basis with that worker for at least the previous 2 years; and

(b) any former de facto partner of the worker if the worker was legally obliged immediately before the death of the worker to make provision for that former de facto partner with respect to financial matters;

”;

(b) in the definition of “member of a family” —

(i) by deleting “father, mother, grandfather, grandmother, step‑father, step‑mother” and inserting instead —

“

de facto partner, parent, grandparent, step‑parent

”;

(ii) by deleting “his mother” and inserting instead —

“ the worker’s parents ”; and

(iii) by deleting “by the same father or mother” and inserting instead —

“

who have at least one parent in common with the worker

”;

“

“spouse” in relation to compensation payable in respect of the death of a worker, includes any former spouse of the worker if the worker was legally obliged immediately before the death of the worker to make provision for that former spouse with respect to financial matters;

”.

215. Schedule 1 amended

Schedule 1 is amended as follows:

(a) in clause 1(1)(b) by deleting “or parent or a spouse and parent” and inserting instead —

“

, de facto partner or parent, or more than one of those persons,

”;

(b) in clause 5(1) by inserting after “spouse” —

“ , de facto partner ”;

“ , de facto partner ”.

216. Schedule 5 amended

(1) Schedule 5 clause 1(1) is amended in the definition of “supplementary amount” as follows:

(a) in paragraph (a) by inserting after “spouse” —

“ or dependent de facto partner, or both ”;

(b) in paragraph (b) by inserting after “spouse” —

“ or dependent de facto partner ”.

(2) Schedule 5 clause 7(b) is deleted and the following paragraph is inserted instead —

“

(b) if his death results from the disability and a dependent spouse or dependent de facto partner, survives him —

(i) the employer is liable to pay into the custody of the Commission for the benefit of the spouse or de facto partner, as a lump sum the aggregate of the supplementary amount for a worker with a dependent spouse or dependent de facto partner at the rate applicable at the date of death for a period of 3 years, and after the amount is so paid there shall be liberty to apply to the Commission by or on behalf of the dependent spouse or dependent de facto partner in respect of the manner in which that amount or any part of it is applied and that dependant is entitled to receive that lump sum;

(ii) if application is made to the Commission under subparagraph (i) by or on behalf of more than one such dependant, the lump sum referred to in that subparagraph is to be apportioned between the dependants according to the respective financial losses of support suffered by them, which apportionment is to be determined by a dispute resolution body, and those dependants are entitled to receive that lump sum as so apportioned; and

(iii) the dependent spouse or dependent de facto partner is also entitled to receive, and the employer is liable to pay weekly, from the date of the worker’s death and during the lifetime of the dependent spouse or dependent de facto partner, the supplementary amount at the rate for a worker without a dependent spouse or dependent de facto partner, and where there is more than one such dependant, the amount is to be apportioned between them according to the respective financial losses of support suffered by them, which apportionment is to be determined by a dispute resolution body;

”.

Part 64 — Power to amend certain regulations and rules

217. Power to amend certain regulations and rules

(1) The Governor, on the recommendation of the Attorney General, may make regulations amending a regulation or rule made under —

(a) an Act amended by this Act or the Acts Amendment (Lesbian and Gay Law Reform) Act 2002; or

(b) another Act if it is necessary or desirable to amend the regulation or rule as a consequence of the amendments enacted by this Act or the Acts Amendment (Lesbian and Gay Law Reform) Act 2002.

(2) The Attorney General may make a recommendation under subsection (1) only if the Attorney General considers that each amendment proposed to be made by the regulations is consequential on the amendments enacted by this Act or the Acts Amendment (Lesbian and Gay Law Reform) Act 2002.

(3) Nothing in this section prevents a regulation or rule from being amended in accordance with the Act under which it is made.

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