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CLAUSE NOTES
Surrogacy (Consequential Amendments) Bill 2011
PART 1 Preliminary
Clause 1: Short title
sets out the name (also called the short title) of the proposed
Act
Clause 2: Commencement
provides for the commencement of the proposed Act on a day
or days to be appointed by proclamation
PART 2 Anti-Discrimination Act 1998 Amended
Clause 3: Principal Act
Provides that the Principal Act for Part 2 is the Anti-
Discrimination Act 1998.
Clause 4: Section 3 amended (Interpretation)
Amends the interpretation section of the Anti-Discrimination
Act 1998 so that the concept of surrogate child and surrogate
parent/s are captured in the Act.
Part 3 Domicile Act 1980 Amended
Clause 5: Principal Act
Provides that the Principal Act for Part 3 is the Domicile Act
1980.
Clause 6: Section 8 amended (Domicile of certain
children)
Provides that a surrogate child is to take the domicile of the
intended parents as opposed to the birth parents. These
provisions mirror those for adopted children.
PART 4 Duties Act 2001 Amended
Clause 7: Principal Act
Provides that in Part 4 the Principal Act is the Duties Act 2001.
Clause 8: Section 3 amended (Interpretation)
Includes a definition of surrogate child in the Duties Act 2001
which will enable surrogate children to be included in the Act.
Clause 9: Section 4 substituted
Section 4 of the Principal Act provides the meaning of child for
the purpose of definition of "related person" in section 3 of the
Principal Act. The definition now takes into account children
born as a result of a surrogacy arrangement.
Clause 10: Section 225 amended (Intergenerational
rural transfers)
Provides that a relative of a person includes a surrogate child of
the person.
PART 5 Evidence Act 2001 Amended
Clause 11: Principal Act
Provides that the Principal Act for the purposes of Part 5 is the
Evidence Act 2001.
Clause 12: Section 3 amended (Interpretation)
Inserts the concept of surrogate child and surrogate parent
into the definitions section of the Evidence Act 2001 which will
enable surrogate children and surrogate parents to be included
in the Act.
PART 6 Local Government Act 1993 amended
Clause 13: Principal Act
Provides that the Principal Act for Part 6 is the Local
Government Act 1993.
Clause 14: Section 112 amended (Interpretation of
Division 8)
Inserts the concept of surrogate child into the interpretation of
part 8 of the Principal Act which deals with farm rating relief.
PART 7 Parliamentary (Disclosure of Interests) Act 1996
amended
Clause 15: Principal Act
Provides that the Principal Act for Part 7 is the Parliamentary
(Disclosure of Interests) Act 1996.
Clause 16: Section 3 amended (Interpretation)
Inserts the concept of surrogate child into the definitions
section of the Principal Act which will enable surrogate
children to be included in the Act.
PART 8 Relationships Act 2003 Amended
Clause 17: Principal Act
Provides that the Principal Act for the purpose of Part 8 is the
Relationships Act 2003.
Clause 18: Section 3 amended (Interpretation)
Amends the interpretation section of the Relationships Act
2003 to include the concepts of surrogate child and surrogate
parent which will enable surrogate children and surrogate
parents to be included in the Act.
Clause 19: Section 7 amended (Family relationships)
Outlines the familial relationships in relation to a surrogate
child.
PART 9 Testator's Family Maintenance Act 1912
Amended
Clause 20: Principal Act
provides that in Part 9 the Principal Act is the Testator's Family
Maintenance Act 1912.
Clause 21: Section 2 amended (Interpretation)
Introduces the concept of surrogate child to the Testator's
Family Maintenance Act 1912 which will enable surrogate
children to be included in the Act.
PART 10 Legislation repealed
Clause 22: legislation repealed
Provides that the legislation referred to in Schedule 1 is
repealed
PART 11 Repeal
Clause 23: Repeal
Provides that this Act is repealed on the ninetieth day from the
day on which it commences.
SCHEDULE 1 Legislation Repealed
Section 22:
The Surrogacy Contracts Act 1993 is repealed.