The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Superannuation (Entitlements of same sex couples) Bill 1999

No. , 1999

(Mr Albanese)

A Bill for an Act to remove discrimination against same sex couples in respect of superannuation benefits

ISBN: 0642 425191

Contents

A Bill for an Act to remove discrimination against same sex couples in respect of superannuation benefits

The Parliament of Australia enacts:

1 Short title This Act may be cited as the Superannuation (Entitlements of same sex couples) Act 1999.

2 Commencement This Act commences on the day on which it receives the Royal Assent.

3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1--Amendment of the Superannuation Industry (Supervision) Act 1993 1 Subsection 10(1) (definition of dependant)

Repeal the definition, substitute:

dependant, in relation to a person, includes the spouse, de facto partner, and any child of the person or of the person's spouse or de facto partner.

2 Subsection 10(1) (definition of spouse)

Repeal the definition.

3 Subsection 10(1)

Insert:

de facto partner, in relation to a person, means a person who, whether or not of the same gender as the person, lives with the person on a genuine domestic basis as a partner of the person;

4 Subsection 52(2)

Add:

(i) not to discriminate, in relation to a beneficiary, on the basis of race, colour, sex, sexual preference, transgender status, marital status, family responsibilities, religion, political opinion or social origin.

5 Application of amendments

The amendments made by this Schedule do not apply to or in connection with the public sector superannuation schemes established under the Superannuation Act 1976, the Superannuation Act 1990, and the Military Superannuation and Benefits Act 1991.