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TASMANIA
__________
SURROGACY (CONSEQUENTIAL
AMENDMENTS) BILL 2011
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - ANTI-DISCRIMINATION ACT 1998 AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
PART 3 - DOMICILE ACT 1980 AMENDED
5. Principal Act
6. Section 8 amended (Domicile of certain children)
PART 4 - DUTIES ACT 2001 AMENDED
7. Principal Act
8. Section 3 amended (Interpretation)
9. Section 4 substituted
4. Meaning of child for purpose of definition of
"related person"
10. Section 225 amended (Intergenerational rural transfers)
PART 5 - EVIDENCE ACT 2001 AMENDED
11. Principal Act
[Bill 8]-XI
12. Section 3 amended (Interpretation)
PART 6 - LOCAL GOVERNMENT ACT 1993 AMENDED
13. Principal Act
14. Section 112 amended (Interpretation of Division 8)
PART 7 - PARLIAMENTARY (DISCLOSURE OF INTERESTS) ACT
1996 AMENDED
15. Principal Act
16. Section 3 amended (Interpretation)
PART 8 - RELATIONSHIPS ACT 2003 AMENDED
17. Principal Act
18. Section 3 amended (Interpretation)
19. Section 7 amended (Family relationships)
PART 9 - TESTATOR'S FAMILY MAINTENANCE ACT 1912
AMENDED
20. Principal Act
21. Section 2 amended (Interpretation)
PART 10 - LEGISLATION REPEALED
22. Legislation repealed
PART 11 - REPEAL
23. Repeal of Act
SCHEDULE 1 - LEGISLATION REPEALED
2
SURROGACY (CONSEQUENTIAL
AMENDMENTS) BILL 2011
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
14 April 2011
(Brought in by the Minister for Justice, the Honourable David
John Bartlett)
A BILL FOR
An Act to amend and repeal certain Acts consequential on
the enactment of the Surrogacy Act 2011
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Surrogacy
(Consequential Amendments) Act 2011.
2. Commencement
This Act commences on the day on which
section 14 of the Surrogacy Act 2011
commences.
THIS BILL IS COGNATE WITH THE SURROGACY BILL 2011
[Bill 8] 3
Surrogacy (Consequential Amendments) Act 2011
Act No. of
s. 3 Part 2 - Anti-Discrimination Act 1998 Amended
PART 2 - ANTI-DISCRIMINATION ACT 1998
AMENDED
3. Principal Act
In this Part, the Anti-Discrimination Act 1998* is
referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by inserting "surrogate child," after
"natural child," in the definition of
"child";
(b) by inserting "surrogate parent," after
"step-parent," in the definition of
"parent";
(c) by inserting the following definitions
after the definition of "State program":
"surrogate child", in relation to
another person, means a person -
(a) who is a child of the other
person by virtue of the
operation of section 24(1)
of the Surrogacy Act
2011, or a law, of another
State or a Territory or a
*No. 46 of 1998
4
Surrogacy (Consequential Amendments) Act 2011
Act No. of
Part 2 - Anti-Discrimination Act 1998 Amended s. 4
foreign country, that
corresponds to that Act;
and
(b) who has not ceased to be
a child of the other person
under that Act or law;
"surrogate parent", in relation to
another person, means a person -
(a) who is a parent of the
other person by virtue of
the operation of section
24(1) of the Surrogacy
Act 2011, or a law, of
another State or a
Territory or a foreign
country, that corresponds
to that Act; and
(b) who has not ceased to be
a parent of the other
person under that Act or
law;
5
Surrogacy (Consequential Amendments) Act 2011
Act No. of
s. 5 Part 3 - Domicile Act 1980 Amended
PART 3 - DOMICILE ACT 1980 AMENDED
5. Principal Act
In this Part, the Domicile Act 1980* is referred to
as the Principal Act.
6. Section 8 amended (Domicile of certain children)
Section 8 of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsection:
(1) In this section -
"child" means a person who
has not attained the age of
18 years and who is not,
and has not at any time
been, married;
"parents", in relation to a
child, includes parents
who are not married to
each other;
"surrogate child" means a
person -
(a) who becomes a
child of a person
*No. 38 of 1980
6
Surrogacy (Consequential Amendments) Act 2011
Act No. of
Part 3 - Domicile Act 1980 Amended s. 6
by virtue of
section 24(1) of
the Surrogacy Act
2011 or a law, of
another State or a
Territory or a
foreign country,
that corresponds
to that Act; and
(b) who has not
ceased to be a
child of the person
under that Act or
law.
(b) by inserting the following subsections
after subsection (6):
(7) A surrogate child's domicile -
(a) is, if he or she has 2
parents immediately after
becoming a surrogate
child, the domicile the
child would have if he or
she were a child born in
wedlock to those parents;
and
(b) is, if he or she has one
parent only immediately
after becoming a
surrogate child, the
domicile of that parent
and, after that time, the
7
Surrogacy (Consequential Amendments) Act 2011
Act No. of
s. 6 Part 3 - Domicile Act 1980 Amended
domicile of that parent
from time to time or, if
that parent has died, the
domicile that that parent
had at the time of death.
(8) If a child has a domicile by virtue
of subsection (7) immediately
before he or she ceases to be a
child, he or she retains that
domicile until he or she acquires
a domicile of choice.
(9) If a child ceases to be a surrogate
child, the child's domicile is to be
determined in accordance with
the provisions, if any, of the court
order by which the child ceases to
be a surrogate child or, if there
are no such provisions, as if the
child had never been a surrogate
child.
8
Surrogacy (Consequential Amendments) Act 2011
Act No. of
Part 4 - Duties Act 2001 Amended s. 7
PART 4 - DUTIES ACT 2001 AMENDED
7. Principal Act
In this Part, the Duties Act 2001* is referred to
as the Principal Act.
8. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended by
inserting after the definition of "spouse" the
following definition:
"surrogate child", in relation to another
person, means a person -
(a) who is a child of the other person
by virtue of the operation of
section 24(1) of the Surrogacy
Act 2011, or a law, of another
State or a Territory or a foreign
country, that corresponds to that
Act; and
(b) who has not ceased to be a child
of the other person under that Act
or law;
*No. 15 of 2001
9
Surrogacy (Consequential Amendments) Act 2011
Act No. of
s. 9 Part 4 - Duties Act 2001 Amended
9. Section 4 substituted
Section 4 of the Principal Act is repealed and the
following section is substituted:
4. Meaning of child for purpose of definition of
"related person"
For the purpose of the definition of
"related person" in section 3, a person is
the child of another person if the person
is -
(a) a natural child of the other person
who has not ceased to be a child
of the person by virtue of the
operation of section 24(1) of the
Surrogacy Act 2011 or a law, of
another State or a Territory or a
foreign country, that corresponds
to that Act; or
(b) a step-child of the person; or
(c) an adopted child of the person; or
(d) a surrogate child of the person.
10. Section 225 amended (Intergenerational rural
transfers)
Section 225(3) of the Principal Act is amended
by inserting after paragraph (b) the following
paragraph:
(ba) a surrogate child of the person; or
10
Surrogacy (Consequential Amendments) Act 2011
Act No. of
Part 5 - Evidence Act 2001 Amended s. 11
PART 5 - EVIDENCE ACT 2001 AMENDED
11. Principal Act
In this Part, the Evidence Act 2001* is referred to
as the Principal Act.
12. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by inserting the following definitions
after the definition of "spouse" in
subsection (1):
"surrogate child", in relation to
another person, means a person -
(a) who is a child of the other
person by virtue of the
operation of section 24(1)
of the Surrogacy Act 2011
or a law, of another State
or a Territory or a foreign
country, that corresponds
to that Act; and
(b) who has not ceased to be
a child of the other person
under that Act or law;
*No. 76 of 2001
11
Surrogacy (Consequential Amendments) Act 2011
Act No. of
s. 12 Part 5 - Evidence Act 2001 Amended
"surrogate parent", in relation to
another person, means a person -
(a) who is a parent of the
other person by virtue of
the operation of section
24(1) of the Surrogacy
Act 2011 or a law, of
another State or a
Territory or a foreign
country, that corresponds
to that Act; and
(b) who has not ceased to be
a parent of the other
person under that Act or
law;
(b) by inserting in subsection (13)(a) ",
surrogate child" after "adopted child";
(c) by inserting in subsection (14)(a) ", or
surrogate parent," after "parent".
12
Surrogacy (Consequential Amendments) Act 2011
Act No. of
Part 6 - Local Government Act 1993 Amended s. 13
PART 6 - LOCAL GOVERNMENT ACT 1993
AMENDED
13. Principal Act
In this Part, the Local Government Act 1993* is
referred to as the Principal Act.
14. Section 112 amended (Interpretation of Division 8)
Section 112 of the Principal Act is amended as
follows:
(a) by inserting "surrogate child," after
"descendant," in paragraph (a) of the
definition of "member of an owner's
family";
(b) by inserting the following definition after
the definition of "principal means of
livelihood":
"surrogate child", in relation to
another person, means a person -
(a) who is a child of the other
person by virtue of the
operation of section 24(1)
of the Surrogacy Act
2011, or a law, of another
State or a Territory or a
foreign country, that
*No. 95 of 1993
13
Surrogacy (Consequential Amendments) Act 2011
Act No. of
s. 14 Part 6 - Local Government Act 1993 Amended
corresponds to that Act;
and
(b) who has not ceased to be
a child of that other
person under that Act or
law;
14
Surrogacy (Consequential Amendments) Act 2011
Act No. of
Part 7 - Parliamentary (Disclosure of Interests) Act 1996 Amended s. 15
PART 7 - PARLIAMENTARY (DISCLOSURE OF
INTERESTS) ACT 1996 AMENDED
15. Principal Act
In this Part, the Parliamentary (Disclosure of
Interests) Act 1996* is referred to as the
Principal Act.
16. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by inserting ", surrogate child" after
"descendant" in paragraph (a) of the
definition of "relative";
(b) by inserting the following definition after
the definition of "spouse":
"surrogate child", in relation to
another person, means a person -
(a) who is a child of the other
person by virtue of the
operation of section 24(1)
of the Surrogacy Act
2011, or a law, of another
State or a Territory or a
foreign country, that
*No. 22 of 1996
15
Surrogacy (Consequential Amendments) Act 2011
Act No. of
s. 16 Part 7 - Parliamentary (Disclosure of Interests) Act 1996 Amended
corresponds to that Act;
and
(b) who has not ceased to be
a child of the other person
under that Act or law;
16
Surrogacy (Consequential Amendments) Act 2011
Act No. of
Part 8 - Relationships Act 2003 Amended s. 17
PART 8 - RELATIONSHIPS ACT 2003 AMENDED
17. Principal Act
In this Part, the Relationships Act 2003* is
referred to as the Principal Act.
18. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by inserting "and" after "partners;" in
paragraph (c) of the definition of "child";
(b) by inserting the following paragraph after
paragraph (c) in the definition of "child":
(d) a surrogate child of the partners;
(c) by inserting the following definition after
the definition of "order":
"parent" includes surrogate parent;
(d) by omitting the definition of "significant
relationship" and substituting the
following definitions:
"significant relationship" - see
section 4;
*No. 44 of 2003
17
Surrogacy (Consequential Amendments) Act 2011
Act No. of
s. 18 Part 8 - Relationships Act 2003 Amended
"surrogate child", in relation to
partners, means a child -
(a) who is a child of the
partners by virtue of the
operation of section 24(1)
of the Surrogacy Act
2011, or a law, of another
State or a Territory or a
foreign country, that
corresponds to that Act;
and
(b) who has not ceased to be
a child of the partners
under the Act or law;
"surrogate parent" means a person -
(a) who is a parent of a child
by virtue of the operation
of section 24(1) of the
Surrogacy Act 2011, or a
law, of another State or a
Territory or a foreign
country, that corresponds
to that Act; and
(b) who has not ceased to be
a parent of the child under
that Act or law;
18
Surrogacy (Consequential Amendments) Act 2011
Act No. of
Part 8 - Relationships Act 2003 Amended s. 19
19. Section 7 amended (Family relationships)
Section 7 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(3) For the purposes of this section -
(a) a person is taken to be an
ancestor or descendant of another
person even if the relationship
between them is traced through,
or to, a person who is or was a
surrogate child; and
(b) the relationship of parent and
child between a surrogate parent
and a surrogate child is taken to
continue even though the child
has ceased to be a surrogate child
of the parent; and
(c) the relationship between a
surrogate child and the surrogate
parent, or each of the surrogate
parents, is taken to be or to have
been the natural relationship of
child and parent; and
(d) a person who has been a
surrogate child of different
surrogate parents at different
times is taken to be the child of
each person in respect of whom
he or she is a surrogate child.
19
Surrogacy (Consequential Amendments) Act 2011
Act No. of
s. 20 Part 9 - Testator's Family Maintenance Act 1912 Amended
PART 9 - TESTATOR'S FAMILY MAINTENANCE
ACT 1912 AMENDED
20. Principal Act
In this Part, the Testator's Family Maintenance
Act 1912* is referred to as the Principal Act.
21. Section 2 amended (Interpretation)
Section 2(1) of the Principal Act is amended as
follows:
(a) by inserting "and" after "stepchild;" in
paragraph (b) of the definition of "child";
(b) by inserting the following paragraph after
paragraph (b) in the definition of "child":
(c) a surrogate child;
(c) by inserting the following definition after
the definition of "stepchild":
"surrogate child" means, in relation
to another person, a person
(whether or not the person has
attained the age of 18 years) -
(a) who is a child of the other
person by virtue of the
operation of section 24(1)
of the Surrogacy Act
*No. 7 of 1912
20
Surrogacy (Consequential Amendments) Act 2011
Act No. of
Part 9 - Testator's Family Maintenance Act 1912 Amended s. 21
2011, or a law, of another
State or a Territory or a
foreign country, that
corresponds to that Act;
and
(b) who has not ceased to be
a child of the other person
under that Act or law;
21
Surrogacy (Consequential Amendments) Act 2011
Act No. of
s. 22 Part 10 - Legislation repealed
PART 10 - LEGISLATION REPEALED
22. Legislation repealed
The legislation specified in Schedule 1 is
repealed.
22
Surrogacy (Consequential Amendments) Act 2011
Act No. of
Part 11 - Repeal s. 23
PART 11 - REPEAL
23. Repeal of Act
This Act is repealed on the ninetieth day from
the day on which it commences.
23
Surrogacy (Consequential Amendments) Act 2011
Act No. of
sch. 1
SCHEDULE 1 - LEGISLATION REPEALED
Section 22
Surrogacy Contracts Act 1993 (No. 4 of 1993)
24 Government Printer, Tasmania