Australian Capital Territory

Legislation (Gay, Lesbian and Transgender) Amendment Act 2003
A2003-14
Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
Part 2	Legislation Act 2001
	3	Act amended—pt 2	3
	4	New sections 169, 169A and 169B	3
	5	Dictionary, part 1, new definitions	4
Part 3	Additional amendments
	6	Additional amendments—sch 1	6
Schedule 1	Additional amendments	7
Part 1.1	Agents Act 1968	7
Part 1.2	Bail Act 1992	7
Part 1.3	Casino Control Act 1988	8
Part 1.4	Children and Young People Act 1999	9
Part 1.5	Civil Law (Wrongs) Act 2002	9
Part 1.6	Confiscation of Criminal Assets Act 2003	10
Part 1.7	Cooperatives Act 2002	12
Part 1.8	Coroners Act 1997	13
Part 1.9	Crimes Act 1900	13
Part 1.10	Crimes (Forensic Procedures) Act 2000	15
Part 1.11	Custodial Escorts Regulations 2002	16
Part 1.12	Dangerous Goods Act 1975	17
Part 1.13	Domestic Relationships Act 1994	18
Part 1.14	Drugs of Dependence Act 1989	19
Part 1.15	Firearms Act 1996	19
Part 1.16	First Home Owner Grant Act 2000	20
Part 1.17	Gambling and Racing Control Act 1999	20
Part 1.18	Guardianship and Management of Property Act 1991	21
Part 1.19	Health Records (Privacy and Access) Act 1997	21
Part 1.20	Land (Planning and Environment) Act 1991	22
Part 1.21	Land Titles Act 1925	23
Part 1.22	Legal Practitioners Act 1970	23
Part 1.23	Liquor Act 1975	24
Part 1.24	Mental Health (Treatment and Care) Act 1994	24
Part 1.25	Periodic Detention Act 1995	25
Part 1.26	Periodic Detention Regulations 1995	25
Part 1.27	Perpetuities and Accumulations Act 1985	26
Part 1.28	Pharmacy Act 1931	27
Part 1.29	Powers of Attorney Act 1956	27
Part 1.30	Protection Orders Act 2001	27
Part 1.31	Remand Centres Regulations 1976	28
Part 1.32	Sale of Motor Vehicles Act 1977	29
Part 1.33	Transplantation and Anatomy Act 1978	30
Part 1.34	Truck Act 1900	31
Part 1.35	Victims of Crime (Financial Assistance) Act 1983	32

Australian Capital Territory
Legislation (Gay, Lesbian and Transgender) Amendment Act 2003
A2003-14

An Act to amend various Territory laws in relation to same sex relationships and transgender people, and for other purposes

    
    
Notified under the Legislation Act 2001 on 27 March 2003
(see www.legislation.act.gov.au)

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1	Preliminary
1	Name of Act
This Act is the Legislation (Gay, Lesbian and Transgender) Amendment Act 2003.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

Part 2	Legislation Act 2001
3	Act amended—pt 2
This part amends the Legislation Act 2001.
4	New sections 169, 169A and 169B
insert
169	References to domestic partner and domestic partnership
	(1)	In an Act or statutory instrument, a reference to a person’s domestic partner is a reference to someone who lives with the person in a domestic partnership, and includes a reference to a spouse of the person.
Note	The Macquarie Dictionary, 3rd edition defines spouse as ‘either member of a married pair in relation to the other; one’s husband or wife’.
	(2)	In an Act or statutory instrument, a domestic partnership is the relationship between 2 people, whether of a different or the same sex, living together as a couple on a genuine domestic basis.
Example of indicators to decide whether 2 people are in a domestic partnership
1	the length of their relationship
2	whether they are living together
3	if they are living together—how long and under what circumstances they have lived together
4	whether there is a sexual relationship between them
5	their degree of financial dependence or interdependence, and any arrangements for financial support, between or by them
6	the ownership, use and acquisition of their property, including any property that they own individually
7	their degree of mutual commitment to a shared life
8	whether they mutually care for and support children
9	the performance of household duties
10	the reputation, and public aspects, of the relationship between them
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
169A	References to transgender people
	(1)		A transgender person is a person who—
	(a)	identifies as a member of a different sex by living, or seeking to live, as a member of that sex; or
	(b)	has identified as a member of a different sex by living as a member of that sex;
		whether or not the person is a recognised transgender person.
	(2)	A transgender person includes a person who is thought of as a transgender person, whether or not the person is a recognised transgender person.
	(3)	A recognised transgender person is a person the record of whose sex is altered under the Births, Deaths and Marriages Registration Act 1997, part 4 or the corresponding provisions of a law of a State or another Territory.
169B	References to intersex people
		An intersex person is a person who, because of a genetic condition, was born with reproductive organs or sex chromosomes that are not exclusively male or female.
5	Dictionary, part 1, new definitions
insert
domestic partner—see section 169 (1).
domestic partnership—see section 169 (2).
intersex person—see section 169B.
recognised transgender person—see section 169A (3).
transgender person—see section 169A (1) and (2).

Part 3	Additional amendments
6	Additional amendments—sch 1
Schedule 1 amends the Acts and regulations mentioned in it.

Schedule 1	Additional amendments
(see s 6)
Part 1.1	Agents Act 1968
[1.1]		Section 64 (1)
omit
	(1)	A licensed agent
substitute
A licensed agent
[1.2]		Section 64 (1) (b)
substitute
	(b)	who is an employee, a partner, the domestic partner, a child, a parent, or a brother or sister, of the licensed agent; or
Note	For the meaning of domestic partner, see Legislation Act, s 169.
[1.3]		Section 64 (2)
omit
Part 1.2	Bail Act 1992
[1.4]	Section 3 (1), definition of de facto spouse
omit
[1.5]	Section 3 (1), definition of relative, paragraph (b)
substitute
	(b)	if the original person has or had a domestic partner (other than a spouse)—includes someone who would have been a relative of a kind mentioned in paragraph (a) if the original person had been legally married to the domestic partner; and
Note	For the meaning of domestic partner, see Legislation Act, s 169.
[1.6]	Section 3 (1), definition of relevant person, paragraph (a)
substitute
	(a)	a domestic partner or former domestic partner of the original person; or
[1.7]	Section 3 (1), definition of relevant person, paragraph (c)
substitute
	(c)	a child of a domestic partner or former domestic partner of the original person; or
[1.8]	Section 3 (1), definition of spouse
omit

Part 1.3	Casino Control Act 1988
[1.9]	New section 108 (3A) to (3C)
insert
	(3A)	However, if a transgender or intersex person is searched, the person may require that the search be conducted by either a male or a female.
Note 1	For the meaning of transgender person, see Legislation Act, s 169A.
Note 2	For the meaning of intersex person, see Legislation Act, s 169B.
	(3B)	If the transgender or intersex person requires that the search be conducted by a male, the person is taken, for this section, to be male.
	(3C)	If the transgender or intersex person requires that the search be conducted by a female, the person is taken, for this section, to be female.
[1.10]		Section 108
renumber subsections when Act next republished under Legislation Act 
Part 1.4	Children and Young People Act 1999
[1.11]	New section 400 (7) to (9)
insert
	(7)	However, if a child or young person who is a transgender or intersex person is searched under section 399, the child or young person may require that the search be conducted by either a male or a female.
Note 1	For the meaning of transgender person, see Legislation Act, s 169A.
Note 2	For the meaning of intersex person, see Legislation Act, s 169B.
	(8)	If the child or young person requires that the search be conducted by a male, the child or young person is taken, for this section, to be male.
	 (9)	If the child or young person requires that the search be conducted by a female, the child or young person is taken, for this section, to be female.
Part 1.5	Civil Law (Wrongs) Act 2002
[1.12]	Section 20, definition of member, paragraphs (a) and (b)
substitute
	(a)	a domestic partner; or
[1.13]	Section 20, definition of member
renumber paragraphs when Act next republished under Legislation Act 2001
[1.14]	Section 29, definition of family member, paragraphs (a) and (b)
substitute
	(a)	a domestic partner;
[1.15]	Section 29, definition of family member
renumber paragraphs when Act next republished under Legislation Act 2001
[1.16]	Section 31 (1) (b), (c) and (d)
substitute
	(b)	a domestic partner of A; or 
	(c)	another family member of A, if A was killed, injured or put in danger within the sight or hearing of the other family member.
[1.17]	Dictionary, note 2
insert
·	domestic partner (see s 169)
Part 1.6	Confiscation of Criminal Assets Act 2003
[1.18]	Section 37 (5), definitions of domestic partner and domestic partnership
omit
[1.19]	New section 211 (2A) to (2C)
insert
	(2A)	However, if a transgender or intersex person is searched, the person may require that the search be conducted by either a male or a female.
	(2B)	If the transgender or intersex person requires that the search be conducted by a male, the person is taken, for this section, to be male.
	(2C)	If the transgender or intersex person requires that the search be conducted by a female, the person is taken, for this section, to be female.
[1.20]	Section 211 (4), definitions of same sex and transgender person
omit
[1.21]		Section 211
renumber subsections when Act next republished under Legislation Act 
[1.22]	Dictionary, note 2
insert
·	domestic partner (see s 169)
·	intersex person (see s 169B)
·	transgender person (see s169A)
Part 1.7	Cooperatives Act 2002
[1.23]	Section 155 (d)
omit
spouse
substitute
domestic partner
[1.24]	Section 232 (1), definition of associate
omit
spouse
substitute
domestic partner
[1.25]	Section 276 (1) (b)
omit
spouse
substitute
domestic partner
[1.26]	Dictionary, definition of spouse
omit
[1.27]	Dictionary, note 2
insert
·	domestic partner
Part 1.8	Coroners Act 1997
[1.28]	Section 3 (1), definition of immediate family, paragraph (a)
omit
spouse
substitute
domestic partner
[1.29]	Section 3 (1), definition of immediate family, new note
insert
Note	For the meaning of domestic partner, see Legislation Act, s 169.
[1.30]	Section 3 (1), definition of spouse
omit
Part 1.9	Crimes Act 1900
[1.31]	New section 185A
insert
185A	Search of transgender or intersex person
	(1)	If a transgender or intersex person is searched under this part, the person may require that the search be conducted by either a male or a female.
	(2)	If the transgender or intersex person requires that the search be conducted by a male, the person is taken, for this part, to be male.
	(3)	If the transgender or intersex person requires that the search be conducted by a female, the person is taken, for this part, to be female.
[1.32]	Section 397 (1)
omit
spouse
substitute
domestic partner
[1.33]	Dictionary, note 2
insert
·	domestic partner (see s 169)
·	intersex person (see s 169B)
·	transgender person (see s169A)
[1.34]	Dictionary, definition of de facto spouse
omit
[1.35]	Dictionary, new definition of domestic partner 
insert
domestic partner includes former domestic partner.
[1.36]	Dictionary, definition of relative, paragraph (b)
substitute
	(b)	if the original person has or had a domestic partner (other than a spouse)—includes someone who would have been a relative of a kind mentioned in paragraph (a) if the original person had been legally married to the domestic partner; and
[1.37]	Dictionary, definition of relevant person, paragraph (a)
substitute
	(a)	a domestic partner of the original person; or
[1.38]	Dictionary, definition of relevant person, paragraph (c)
substitute
	(c)	a child of a domestic partner of the original person; or
[1.39]	Dictionary, definition of spouse
omit
Part 1.10	Crimes (Forensic Procedures) Act 2000
[1.40]	Section 6, note
omit
[1.41]	Section 17
omit
[1.42]		New section 49A
insert
49A	Rules for carrying out forensic procedures—transgender and intersex people
	(1)	This section applies if—
	(a)	a forensic procedure is carried out on a transgender or intersex person; and 
	(b)	the provision under which it is carried out refers to a person of the opposite sex, or the same sex.
	(2)	The transgender or intersex person may require that the procedure be carried out by either a male or a female.
	(3)	If the transgender or intersex person requires that the procedure be carried out by a male, the person is taken, for this Act, to be male.
	(4)	If the transgender or intersex person requires that the procedure be carried out by a female, the person is taken, for this Act, to be female.
[1.43]	Dictionary, note 2
insert
·	intersex person (see s 169B)
·	transgender person (see s 169A)
[1.44]	Dictionary, definition of opposite sex
omit
[1.45]	Dictionary, definition of recognised transgender person
omit
[1.46]	Dictionary, definition of same sex
omit
[1.47]	Dictionary, definition of transgender person
omit
Part 1.11	Custodial Escorts Regulations 2002
[1.48]	Regulation 6 heading
substitute
6	Rules for carrying out searches—general
[1.49]	New regulation 6A
insert
6A	Rules for carrying out searches—transgender and intersex people
	(1)	If a transgender or intersex person is searched under these regulations, the person may require that the search be conducted by either a male or a female.
Note 1	For the meaning of transgender person, see Legislation Act, s 169A.
Note 2	For the meaning of intersex person, see Legislation Act, s 169B.
	(2)	If the transgender or intersex person requires that the search be conducted by a male, the person is taken, for regulation 6, to be male.
	(3)	If the transgender or intersex person requires that the search be conducted by a female, the person is taken, for regulation 6, to be female.
Part 1.12	Dangerous Goods Act 1975
[1.50]	Section 42 (2)
substitute
	(2)	A search of a person under this section must be carried out by a person of the same sex as the person being searched.
	(3)	However, if a transgender or intersex person is searched, the person may require that the search be carried out by either a male or a female.
	(4)	If the transgender or intersex person requires that the search be carried out by a male, the person is taken, for this section, to be male.
	(5)	If the transgender or intersex person requires that the search be carried out by a female, the person is taken, for this section, to be female.
[1.51]	Section 43 (3)
substitute
	(3)	A search of a person under this section must be carried out by a person of the same sex as the person being searched.
	(4)	However, if a transgender or intersex person is searched, the person may require that the search be carried out by either a male or a female.
	(5)	If the transgender or intersex person requires that the search be carried out by a male, the person is taken, for this section, to be male.
	(6)	If the transgender or intersex person requires that the search be carried out by a female, the person is taken, for this section, to be female.
[1.52]	Dictionary, note 2
insert
·	intersex person (see s 169B)
·	transgender person (see s 169A)
Part 1.13	Domestic Relationships Act 1994
[1.53]	Section 3 (1), definition of domestic relationship
substitute
domestic relationship means a personal relationship between 2 adults in which one provides personal or financial commitment and support of a domestic nature for the material benefit of the other and includes a domestic partnership but does not include a legal marriage.
[1.54]	Section 3 (1), definition of domestic relationship, new note
insert
Note	For the meaning of domestic partnership, see Legislation Act, s 169.
Part 1.14	Drugs of Dependence Act 1989
[1.55]	New section 189 (2A) to (2C)
insert
	(2A)	However, if a transgender or intersex person is searched, the person may require that the search be conducted by either a male or a female.
Note 1	For the meaning of transgender person see Legislation Act, s 169A.
Note 2	For the meaning of intersex person, see Legislation Act, s 169B.
	(2B)	If the transgender or intersex person requires that the search be conducted by a male, the person is taken, for this section, to be male.
	(2C)	If the transgender or intersex person requires that the search be conducted by a female, the person is taken, for this section, to be female.
[1.56]	Section 189
renumber subsections when Act next republished under Legislation Act
Part 1.15	Firearms Act 1996
[1.57]	New section 75 (3) to (5)
insert
	(3)	However, if a transgender or intersex person is searched, the person may require that the search be carried out by either a male or a female.
Note	For the meaning of transgender person see Legislation Act, s 169A.
Note	For the meaning of intersex person, see Legislation Act, s 169B.
	(4)	If the transgender or intersex person requires that the search be carried out by a male, the person is taken, for this section, to be male.
	(5)	If the transgender or intersex person requires that the search be carried out by a female, the person is taken, for this section, to be female.
Part 1.16	First Home Owner Grant Act 2000
[1.58]	Section 6 (1)
substitute
	(1)	A person is the partner of the applicant if the person is the applicant’s domestic partner.
Note	For the meaning of domestic partner, see Legislation Act, s 169.
[1.59]	Section 6 (3)
omit
Part 1.17	Gambling and Racing Control Act 1999
[1.60]	Schedule 1, clause 2 (3) (a)
omit
spouse
substitute
domestic partner
[1.61]	Schedule 1, clause 2 (3) (a), new note
insert
Note	For the meaning of domestic partner, see Legislation Act, s 169.
Part 1.18	Guardianship and Management of Property Act 1991
[1.62]	Sections 10 (5) and 35 (1) (b)
omit
spouse
substitute
domestic partner
[1.63]	Dictionary, note 2
insert
·	domestic partner (see s 169)
[1.64]	Dictionary, definition of spouse
omit
Part 1.19	Health Records (Privacy and Access) Act 1997
[1.65]	Section 4, definition of immediate family member, paragraph (a) (ii)
substitute
	(ii)	a domestic partner of the consumer; or
[1.66]	Section 4, definition of immediate family member, paragraph (a), new note
insert
Note	For the meaning of domestic partner, see Legislation Act, s 169.
Part 1.20	Land (Planning and Environment) Act 1991
[1.67]	Section 186D (5) (a)
omit
partner
substitute
domestic partner
[1.68]	Section 186D (7)
substitute
	(7)	In this section:
child, of a lessee, includes a child of the lessee’s domestic partner.
[1.69]	Dictionary, note 2
insert
·	domestic partner (see s 169)
Part 1.21	Land Titles Act 1925
[1.70]	Section 79
omit
spouse
substitute
domestic partner
[1.71]	Section 79, new note
insert
Note	For the meaning of domestic partner, see Legislation Act, s 169.
Part 1.22	Legal Practitioners Act 1970
[1.72]	Section 102 (1) (c)
substitute
	(c)	is the domestic partner of the solicitor by whom the records are kept; or
Note	For the meaning of domestic partner, see Legislation Act, s 169.
[1.73]	Section 102 (2) (b) (ii)
substitute
	(ii)	the domestic partner of the solicitor by whom the records are kept; or
[1.74]	Section 113 (2)
omit
spouse or de facto spouse
substitute
domestic partner
[1.75]	Section 113 (2), new note
insert
Note	For the meaning of domestic partner, see Legislation Act, s 169.
Part 1.23	Liquor Act 1975
[1.76]	Section 151, definition of responsible adult, paragraph (a)
omit
spouse
substitute
domestic partner
[1.77]	Section 151, definition of responsible adult, new note
insert
Note	For the meaning of domestic partner, see Legislation Act, s 169.
[1.78]	Section 151, definition of spouse
omit
Part 1.24	Mental Health (Treatment and Care) Act 1994
[1.79]	Section 4, definition of relative
omit
spouse
substitute
domestic partner
[1.80]	Section 4, definition of relative, new note
insert
Note	For the meaning of domestic partner, see Legislation Act, s 169.
[1.81]	Section 4, definition of spouse
omit
Part 1.25	Periodic Detention Act 1995
[1.82]	New section 50 (4A) to (4C)
insert
	(4A)	If a transgender or intersex person is searched, the person may ask that the search be carried out by either a male or a female.
Note 1	For the meaning of transgender person see Legislation Act, s 169A.
Note 2	For the meaning of intersex person, see Legislation Act, s 169B.
	(4B)	If the transgender or intersex person asks that the search be carried out by a male, the person is taken, for this section, to be male.
	(4C)	If the transgender or intersex person asks that the search be carried out by a female, the person is taken, for this section, to be female.
[1.83]	Section 50
renumber subsections when Act next republished under Legislation Act 
Part 1.26	Periodic Detention Regulations 1995
[1.84]	Schedule 2, clause 1
omit
An officer
substitute
	(1)	An officer
[1.85]	Schedule 2, clause 1
insert
	(2)	However, if a detainee who is a transgender or intersex person is tested, the detainee may require that the test be carried out by either a male or a female.
Note 1	For the meaning of transgender person see Legislation Act, s 169A.
Note 2	For the meaning of intersex person, see Legislation Act, s 169B.
	(3)	If the transgender or intersex person requires that the test be carried out by a male, the person is taken, for this clause, to be male.
	(4)	If the transgender or intersex person requires that the test be carried out by a female, the person is taken, for this clause, to be female.

Part 1.27	Perpetuities and Accumulations Act 1985
[1.86]	Section 14 (1) (c)
omit
spouses
substitute
spouses, de facto spouses, domestic partners
[1.87]	Section 14 (1) (c), new note
insert
Note	For the meaning of domestic partner, see Legislation Act, s 169.
Part 1.28	Pharmacy Act 1931
[1.88]	Section 9A (2), definition of specified relative
substitute
specified relative means a domestic partner, parent, child or grandchild.
Note	For the meaning of domestic partner, see Legislation Act, s 169.
Part 1.29	Powers of Attorney Act 1956
[1.89]	Section 2 (1), definition of relative, paragraph (b)
substitute
	(b)	a domestic partner.
Note	For the meaning of domestic partner, see Legislation Act, s 169.
Part 1.30	Protection Orders Act 2001
[1.90]	Section 23 (2), example
omit
defacto spouses
substitute
domestic partners
[1.91]	Dictionary, note 2
insert
·	domestic partner (see s 169)
[1.92]	Dictionary, definition of de facto spouse
omit
[1.93]	Dictionary, new definition of domestic partner
insert
domestic partner includes a former domestic partner.
[1.94]	Dictionary, definition of relative, paragraph (b)
substitute
	(b)	if the original person has or had a domestic partner (other than a spouse)—includes someone who would have been a relative of a kind mentioned in paragraph (a) if the original person had been legally married to the domestic partner; and
Note	For the meaning of domestic partner, see Legislation Act, s 169.
[1.95]	Dictionary, definition of relevant person, paragraph (a)
substitute
	(a)	a domestic partner of the original person; or
[1.96]	Dictionary, definition of relevant person, paragraph (c)
substitute
	(c)	a child of a domestic partner of the original person; or
[1.97]	Dictionary, definition of spouse
omit
Part 1.31	Remand Centres Regulations 1976
[1.98]	Regulation 7 (3)
substitute
	(3)		The search of a detainee or his or her quarters under subsection (1) or (2) must, if practicable, be carried out by a custodial officer of the same sex as the detainee.
	(3A)	If the detainee is a transgender or intersex person, the person may ask that the search be carried out by either a male or a female.
Note 1	For the meaning of transgender person see Legislation Act, s 169A.
Note 2	For the meaning of intersex person, see Legislation Act, s 169B.
	(3B)	If the detainee asks that the search be carried out by a male, the detainee is taken, for this section, to be male.
	(3C)	If the detainee asks that the search be carried out by a female, the detainee is taken, for this section, to be female.
[1.99]	Regulation 7 
	renumber subregulations when regulations next republished under Legislation Act
[1.100]	New regulation 10 (5A)
insert
	(5A)	For subregulation (5), a transgender or intersex person is taken to be of the sex with which the person identifies.
Note 1	For the meaning of transgender person see Legislation Act, s 169A.
Note 2	For the meaning of intersex person, see Legislation Act, s 169B.
[1.101]	Regulation 10
renumber subregulations when regulations next republished under Legislation Act 2001
Part 1.32	Sale of Motor Vehicles Act 1977
[1.102]	Section 42 (b)
substitute
	(b)	who is an employee of, or is the domestic partner of, the licensed dealer; or
Note	For the meaning of domestic partner, see Legislation Act, s 169.
Part 1.33	Transplantation and Anatomy Act 1978
[1.103]	Section 4 (1), definition of next of kin
substitute
next of kin means—
	(a)	for a dead child—someone mentioned in the definition of senior available next of kin, paragraph (a) (i), (ii) or (iii); or
	(b)	for any other dead person—someone mentioned in that definition, paragraph (b) (i), (ii), (iii), (iv) or (v).
[1.104]	Section 4 (1), definition of senior available next of kin
substitute
senior available next of kin means—
	(a)	for a dead child—
	(i)	if a parent of the child is available—the parent; or
	(ii)	if a parent of the child is not available—an adult brother or sister of the child who is available; or
	(iii)	if no-one mentioned in subparagraph (i) or (ii) is available—someone who was the child’s guardian immediately before the child’s death and who is available; and
	(b)	for any other dead  person—
	(i)	if the person was, immediately before his or her death, party to a domestic partnership and the person who was then his or her domestic partner is available—the domestic partner; or
	(ii)	if the person was, immediately before his or her death, party to a domestic partnership but the person who was then his or her domestic partner is not available— an adult son or daughter of the dead person who is available; or
	(iii)	if the person was not, immediately before his or her death, party to a domestic partnership—an adult son or daughter of the dead person who is available; or
	(iv)	if no-one mentioned in subparagraph (i), (ii) or (iii) is available but a parent of the dead person is available—the parent; or
	(v)	if no-one mentioned in subparagraph (i), (ii), (iii) or (iv) is available— an adult brother or sister of the dead person who is available.
Note	For the meaning of domestic partner and domestic partnership, see Legislation Act, s 169.
[1.105]	Section 26
omit
Part 1.34	Truck Act 1900
[1.106]	Section 10 (1) (e)
omit
spouse
substitute
domestic partner
[1.107]	Section 10 (1) (e), new note
insert
Note	For the meaning of domestic partner, see Legislation Act, s 169.
Part 1.35	Victims of Crime (Financial Assistance) Act 1983
[1.108]	Section 2, definition of close family member, paragraph (a)
substitute
	(a)	the domestic partner of the victim; or
Note	For the meaning of domestic partner, see Legislation Act, s 169.

Endnote
Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

[Presentation speech made in Assembly on 12 December 2002]

I certify that the above is a true copy of the Legislation (Gay, Lesbian and Transgender) Amendment Bill 2003 which originated in the Assembly as the Legislation (Gay, Lesbian and Transgender) Amendment Bill 2002 and was passed by the Legislative Assembly on 13 March 2003.

	Clerk of the Legislative Assembly

© Australian Capital Territory 2003