Andrew Murray (WA, Australian Democrats) Share this | Hansard source

I move Democrat amendment (1) on sheet 4903:

(1)    Schedule 1, page 3 (after line 16), after item 4, insert:

4A  Subsection 3(1) (after the definition of SIS Act)

Insert:

spouse, in relation to a person:

             (a)    includes another person who, although not legally married to the person, lives with the person on a bona fide domestic basis as the husband or wife of the person; and

             (b)    includes a person in an interdependency relationship as defined in section 27AAB of the Income Tax Assessment Act 1936.

Although this exists in one tranche of legislation that we have—namely, the Income Tax Assessment Act—the same definition does not exist in what is known as the SI(S) Act. The government has clearly indicated both to the Senate and elsewhere that it is minded to reduce or remove—and mostly remove, I think, is in the frame—discriminatory circumstances with respect to superannuation assets. The government has given that commitment.

In my speech in the second reading debate I outlined a commitment of the Prime Minister, given in a radio interview, regarding the issue of removing any property discrimination and other discrimination that exists against people who have same-sex relationships. I must point out that the amendment I have moved does not deal with just same-sex relationships; it deals with interdependency generally. Nevertheless, the government has not yet fulfilled its commitment with respect to these various matters, so it is my party’s intention and my intention to keep moving these amendments until the matter is resolved by government, either by amendments of their own or by acceptance of a definition which is already in effect elsewhere. The participants in this debate are well aware of this issue and have discussed it before so I do not think I need to go into much more motivation unless I am asked to, and I move the amendment accordingly.