2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Legislation (Gay, Lesbian and Transgender) Amendment Bill 2002

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 and 169A	3
	5	Dictionary, part 1, new definitions	4
Part 3	Additional amendments
	6	Additional amendments—sch 1	5
Schedule 1	Additional amendments	6
Part 1.1	Agents Act 1968	6
Part 1.2	Bail Act 1992	6
Part 1.3	Casino Control Act 1988	7
Part 1.4	Children and Young People Act 1999	8
Part 1.5	Civil Law (Wrongs) Act 2002	8
Part 1.6	Confiscation of Criminal Assets Act 2002	9
Part 1.7	Cooperatives Act 2002	10
Part 1.8	Coroners Act 1997	11
Part 1.9	Crimes Act 1900	11
Part 1.10	Crimes (Forensic Procedures) Act 2000	13
Part 1.11	Custodial Escorts Regulations 2002	14
Part 1.12	Dangerous Goods Act 1975	15
Part 1.13	Discrimination Act 1991	15
Part 1.14	Domestic Relationships Act 1994	16
Part 1.15	Drugs of Dependence Act 1989	16
Part 1.16	Firearms Act 1996	17
Part 1.17	First Home Owner Grant Act 2000	17
Part 1.18	Gambling and Racing Control Act 1999	17
Part 1.19	Guardianship and Management of Property Act 1991	18
Part 1.20	Health Records (Privacy and Access) Act 1997	18
Part 1.21	Land (Planning and Environment) Act 1991	19
Part 1.22	Land Titles Act 1925	20
Part 1.23	Legal Practitioners Act 1970	20
Part 1.24	Liquor Act 1975	21
Part 1.25	Mental Health (Treatment and Care) Act 1994	22
Part 1.26	Periodic Detention Act 1995	22
Part 1.27	Periodic Detention Regulations 1995	23
Part 1.28	Perpetuities and Accumulations Act 1985	23
Part 1.29	Pharmacy Act 1931	24
Part 1.30	Powers of Attorney Act 1956	24
Part 1.31	Protection Orders Act 2001	24
Part 1.32	Remand Centres Regulations 1976	25
Part 1.33	Sale of Motor Vehicles Act 1977	26
Part 1.34	Transplantation and Anatomy Act 1978	27
Part 1.35	Truck Act 1900	28
Part 1.36	Victims of Crime (Financial Assistance) Act 1983	29

2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Legislation (Gay, Lesbian and Transgender) Amendment Bill 2002

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

    

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 2002.
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 and 169A
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 spouse.
	(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.
169A	References to transgender people
	(1)	A transgender person is a person who—
	(a)	identifies as a member of the opposite sex by living, or seeking to live, as a member of the opposite sex; or
	(b)	has identified as a member of the opposite sex by living as a member of the opposite sex; or
	(c)	is of indeterminate sex and identifies as a member of a particular 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.
5	Dictionary, part 1, new definitions
insert
domestic partner—see section 169 (1).
domestic partnership—see section 169 (2).
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 (5)
insert
	(5)	In this section:
same sex, for a transgender person, means the same sex as the sex with which the transgender person identifies.
Note	For the meaning of transgender person, see Legislation Act, s 169A.
Part 1.4	Children and Young People Act 1999
[1.10]	New section 400 (7)
insert
	(7)	In this section:
opposite sex, for a transgender person, means the opposite sex to the sex with which the transgender person identifies.
Note	For the meaning of transgender person, see Legislation Act, s 169A.
same sex, for a transgender person, means the same sex as the sex with which the transgender person identifies.
Part 1.5	Civil Law (Wrongs) Act 2002
[1.11]	Section 20, definition of member, paragraphs (a) and (b)
substitute
	(a)	a domestic partner; or
[1.12]	Section 20, definition of member
renumber paragraphs when Act next republished under Legislation Act 2001
[1.13]	Section 29, definition of family member, paragraphs (a) and (b)
substitute
	(a)	a domestic partner;
[1.14]	Section 29, definition of family member
renumber paragraphs when Act next republished under Legislation Act 2001
[1.15]	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.
[1.16]	Dictionary, note 2
insert
·	domestic partner (see s 169)
Part 1.6	Confiscation of Criminal Assets Act 2002
[1.17]	Section 37 (5), definitions of domestic partner and domestic partnership
omit
[1.18]	Section 210 (4), definition of transgender person
omit
[1.19]	Dictionary, note 2
insert
·	domestic partner (see s 169)
·	transgender person (see s169A)
Part 1.7	Cooperatives Act 2002
[1.20]	Section 155 (d)
omit
spouse
substitute
domestic partner
[1.21]	Section 232 (1), definition of associate
omit
spouse
substitute
domestic partner
[1.22]	Section 276 (1) (b)
omit
spouse
substitute
domestic partner
[1.23]	Dictionary, definition of spouse
omit
[1.24]	Dictionary, note 2
insert
·	domestic partner
Part 1.8	Coroners Act 1997
[1.25]	Section 3 (1), definition of immediate family, paragraph (a)
omit
spouse
substitute
domestic partner
[1.26]	Section 3 (1), definition of immediate family, new note
insert
Note	For the meaning of domestic partner, see Legislation Act, s 169.
[1.27]	Section 3 (1), definition of spouse
omit
Part 1.9	Crimes Act 1900
[1.28]	Section 185, new definitions
insert
opposite sex, for a transgender person, means the opposite sex to the sex with which the transgender person identifies.
same sex, for a transgender person, means the same sex as the sex with which the transgender person identifies.
[1.29]	Section 397 (1)
omit
spouse
substitute
domestic partner
[1.30]	Dictionary, note 2
insert
·	domestic partner (see s 169)
·	transgender person (see s169A)
[1.31]	Dictionary, definition of de facto spouse
omit
[1.32]	Dictionary, new definition of domestic partner and opposite sex
insert
domestic partner includes former domestic partner.
opposite sex, for a transgender person and part 10 (Criminal investigation)—see section 185.
[1.33]	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
[1.34]	Dictionary, definition of relevant person, paragraph (a)
substitute
	(a)	a domestic partner of the original person; or
[1.35]	Dictionary, definition of relevant person, paragraph (c)
substitute
	(c)	a child of a domestic partner of the original person; or
[1.36]	Dictionary, new definition of same sex
same sex, for a transgender person and part 10 (Criminal investigation)—see section 185.
[1.37]	Dictionary, definition of spouse
omit
Part 1.10	Crimes (Forensic Procedures) Act 2000
[1.38]	Section 6, note
omit
[1.39]	Section 17
substitute
17	Application of Act to transgender people
In this Act:
opposite sex, for a transgender person, means the opposite sex to the sex with which the transgender person identifies.
same sex, for a transgender person, means the same sex as the sex with which the transgender person identifies.
[1.40]	Dictionary, note 2
insert
·	transgender person (see s 169A)
[1.41]	Dictionary, definition of opposite sex
omit
(4)
[1.42]	Dictionary, definition of recognised transgender person
omit
[1.43]	Dictionary, definition of same sex
omit
(4)
[1.44]	Dictionary, definition of transgender person
omit
Part 1.11	Custodial Escorts Regulations 2002
[1.45]	Regulation 6 (8), new definitions
insert
opposite sex, for a transgender person, means the opposite sex to the sex with which the transgender person identifies.
Note	For the meaning of transgender person, see Legislation Act, s 169A.
same sex, for a transgender person, means the same sex as the sex with which the transgender person identifies.
Part 1.12	Dangerous Goods Act 1975
[1.46]	Section 42 (2)
substitute
	(2)	A search of a person under this section must be conducted by a person of the same sex as the person being searched.
	(3)	In this section:
same sex, for a transgender person, means the same sex as the sex with which the transgender person identifies.
[1.47]	Section 43 (3)
substitute
	(3)	A search of a person under this section must be conducted by a person of the same sex as the person being searched.
	(4)	In this section:
same sex—see section 42 (3).
[1.48]	Dictionary, note 2
insert
·	transgender person (see s 169A)
Part 1.13	Discrimination Act 1991
[1.49]	Section 4 (1), definitions of domestic partner and domestic partnership
omit
[1.50]	Section 4 (1), definition of relationship status
insert
Note	For the meaning of domestic partner, see Legislation Act, s 169.
[1.51]	Section 35, new note
insert
Note	For the meaning of domestic partnership, see Legislation Act, s 169.
Part 1.14	Domestic Relationships Act 1994
[1.52]	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.
[1.53]	Section 3 (1), definition of domestic relationship, new note
insert
Note	For the meaning of domestic partnership, see Legislation Act, s 169.
Part 1.15	Drugs of Dependence Act 1989
[1.54]	New section 189 (4)
insert
	(4)	In this section:
same sex, for a transgender person, means the same sex as the sex with which the transgender person identifies.
Note	For the meaning of transgender person, see Legislation Act, s 169A.
Part 1.16	Firearms Act 1996
[1.55]	New section 75 (3)
insert
	(3)	In this section:
same sex, for a transgender person, means the same sex as the sex with which the transgender person identifies.
Note	For the meaning of transgender person, see Legislation Act, s 169A.
Part 1.17	First Home Owner Grant Act 2000
[1.56]	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.
[1.57]	Section 6 (3)
omit
Part 1.18	Gambling and Racing Control Act 1999
[1.58]	Schedule 1, clause 2 (3) (a)
omit
spouse
substitute
domestic partner
[1.59]	Schedule 1, clause 2 (3) (a), new note
insert
Note	For the meaning of domestic partner, see Legislation Act, s 169.
Part 1.19	Guardianship and Management of Property Act 1991
[1.60]	Sections 10 (5) and 35 (1) (b)
omit
spouse
substitute
domestic partner
[1.61]	Dictionary, note 2
insert
·	domestic partner (see s 169)
[1.62]	Dictionary, definition of spouse
omit
Part 1.20	Health Records (Privacy and Access) Act 1997
[1.63]	Section 4, definition of immediate family member, paragraph (a) (ii)
substitute
	(ii)	a domestic partner of the consumer; or
[1.64]	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 1.21	Land (Planning and Environment) Act 1991
[1.65]	Section 186D (5) (a)
omit
partner
substitute
domestic partner
[1.66]	Section 186D (7)
substitute
	(7)	In this section:
child, of a lessee, includes a child of the lessee’s domestic partner.
[1.67]	Dictionary, note 2
insert
·	domestic partner (see s 169)
Part 1.22	Land Titles Act 1925
[1.68]	Section 79
omit
spouse
substitute
domestic partner
[1.69]	Section 79, new note
insert
Note	For the meaning of domestic partner, see Legislation Act, s 169.
Part 1.23	Legal Practitioners Act 1970
[1.70]	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.
[1.71]	Section 102 (2) (b) (ii)
substitute
	(ii)	the domestic partner of the solicitor by whom the records are kept; or
[1.72]	Section 113 (2)
omit
spouse or de facto spouse
substitute
domestic partner
[1.73]	Section 113 (2), new note
insert
Note	For the meaning of domestic partner, see Legislation Act, s 169.
Part 1.24	Liquor Act 1975
[1.74]	Section 151, definition of responsible adult, paragraph (a)
omit
spouse
substitute
domestic partner
[1.75]	Section 151, definition of responsible adult, new note
insert
Note	For the meaning of domestic partner, see Legislation Act, s 169.
[1.76]	Section 151, definition of spouse
omit
Part 1.25	Mental Health (Treatment and Care) Act 1994
[1.77]	Section 4, definition of relative
omit
spouse
substitute
domestic partner
[1.78]	Section 4, definition of relative, new note
insert
Note	For the meaning of domestic partner, see Legislation Act, s 169.
[1.79]	Section 4, definition of spouse
omit
Part 1.26	Periodic Detention Act 1995
[1.80]	Section 50 (7), new definitions
insert
opposite sex, for a transgender person, means the opposite sex to the sex with which the transgender person identifies.
Note	For the meaning of transgender person, see Legislation Act, s 169A.
same sex, for a transgender person, means the same sex as the sex with which the transgender person identifies.
Part 1.27	Periodic Detention Regulations 1995
[1.81]	Schedule 2, clause 1
omit
An officer
substitute
	(1)	An officer
[1.82]	Schedule 2, clause 1
insert
	(2)	In this clause:
same sex, for a transgender person, means the same sex as the sex with which the transgender person identifies.
Note	For the meaning of transgender person, see Legislation Act, s 169A.
Part 1.28	Perpetuities and Accumulations Act 1985
[1.83]	Section 14 (1) (c)
omit
spouses
substitute
spouses, de facto spouses, domestic partners
[1.84]	Section 14 (1) (c), new note
insert
Note	For the meaning of domestic partner, see Legislation Act, s 169.
Part 1.29	Pharmacy Act 1931
[1.85]	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 1.30	Powers of Attorney Act 1956
[1.86]	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 1.31	Protection Orders Act 2001
[1.87]	Section 23 (2), example
omit
defacto spouses
substitute
domestic partners
[1.88]	Dictionary, note 2
insert
·	domestic partner (see s 169)
[1.89]	Dictionary, definition of de facto spouse
omit
[1.90]	Dictionary, new definition of domestic partner
insert
domestic partner includes a former domestic partner.
[1.91]	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.
[1.92]	Dictionary, definition of relevant person, paragraph (a)
substitute
	(a)	a domestic partner of the original person; or
[1.93]	Dictionary, definition of relevant person, paragraph (c)
substitute
	(c)	a child of a domestic partner of the original person; or
[1.94]	Dictionary, definition of spouse
omit
Part 1.32	Remand Centres Regulations 1976
[1.95]	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.
[1.96]	New regulation 7 (8)
insert
	(8)	In this regulation:
same sex, for a transgender person, means the same sex as the sex with which the transgender person identifies.
Note	For the meaning of transgender person, see Legislation Act, s 169A.
[1.97]	New regulation 10 (5A)
insert
	(5A)	For subregulation (5), a transgender person is taken to be of the sex with which the transgender person identifies.
Note	For the meaning of transgender person, see Legislation Act, s 169A.
[1.98]	Regulation 10
renumber subregulations when regulations next republished under Legislation Act 2001
Part 1.33	Sale of Motor Vehicles Act 1977
[1.99]	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 1.34	Transplantation and Anatomy Act 1978
[1.100]	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).
[1.101]	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.
[1.102]	Section 26
omit
Part 1.35	Truck Act 1900
[1.103]	Section 10 (1) (e)
omit
spouse
substitute
domestic partner
[1.104]	Section 10 (1) (e), new note
insert
Note	For the meaning of domestic partner, see Legislation Act, s 169.
Part 1.36	Victims of Crime (Financial Assistance) Act 1983
[1.105]	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.

© Australian Capital Territory 2002