New South Wales Consolidated Acts

GUARDIANSHIP ACT 1987 - SECT 6HC

6HC Certain appointments not revoked on recognition of same sex marriages

(1) This section applies to an appointment of a person as an enduring guardian that:

(a) was made by a person who at the time of making the appointment was party to a marriage that had been solemnised and that marriage was a recognised same sex marriage on the recognition day, and

(b) was in force immediately before the recognition day, and

(c) was revoked by the operation of section 6HA on the recognition day because of the recognised same sex marriage of the person who made the appointment.

(2) An appointment to which this section applies is taken not to have been revoked by the operation of section 6HA.

(3) However, subsection (2) does not apply if the appointment to which this section applies was made by a person who made a subsequent appointment on or after the recognition day but only from the day on which that subsequent appointment was made.

(4) Anything done or omitted to be done by a person, whose appointment as an enduring guardian is an appointment to which subsection (2) applies, that would have been lawful if this section applied at the time concerned, is taken to be (and always to have been) lawful.

(5) In this section:

"recognised same sex marriage" means a marriage that:

(a) was solemnised before the recognition day, and

(b) was recognised in Australia as valid on the recognition day because of Part 5 of Schedule 1 to the Marriage Amendment (Definition and Religious Freedoms) Act 2017 of the Commonwealth, and

(c) would not have been recognised apart from that Part.

"recognition day" means the day on which Part 5 of Schedule 1 to the Marriage Amendment (Definition and Religious Freedoms) Act 2017 of the Commonwealth commenced.