Relationships (Consequential Amendments) Act 2003

Relationships (Consequential Amendments) Act 2003

An Act to amend certain legislation consequential on the enactment of the Relationships Act 2003

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:

1.   Short title

This Act may be cited as the Relationships (Consequential Amendments) Act 2003 .

2.   Commencement

This Act commences on the day on which the Relationships Act 2003 commences.

3.   Probate Rules 1936 amended

The Probate Rules 1936 are amended as follows:

(a) by inserting the following rule after rule 3:

3A.   Partner

In these rules,

partner, in relation to a person, means –

(a) the person with whom that person is in a significant relationship, within the meaning of the Relationships Act 2003 ; or

(b) the person with whom the first-mentioned person is in a caring relationship which is the subject of a deed of relationship registered under Part 2 of that Act.

(b) by omitting paragraph (a) of rule 22 and substituting the following paragraph:

(a) the partner for whom the whole or any part of the residuary estate of the intestate is to be held in trust;

(c) by omitting "de facto" from the heading of Form XXIIA of the Appendix and substituting "partner";

(d) by omitting "in a relationship with the deceased living together as husband and wife on a genuine domestic basis although not married to each other" from item 4 of Form XXIIA of the Appendix and substituting ", within the meaning of the Administration and Probate Act 1935 , of the deceased";

(e) by omitting "de facto relationship" from item 6 of Form XXIIA of the Appendix and substituting "personal relationship, within the meaning of the Relationships Act 2003 ,";

(f) by omitting "de facto" from the heading of Form XXIIB of the Appendix and substituting "partner";

(g) by omitting "in a relationship with the deceased living together as husband and wife on a genuine domestic basis although not married to each other" from item 4 of Form XXIIB of the Appendix and substituting ", within the meaning of the Administration and Probate Act 1935 , of the deceased";

(h) by omitting "de facto relationship" from item 5 of Form XXIIB of the Appendix and substituting "personal relationship, within the meaning of the Relationships Act 2003 ,".

4.   Sentencing Amendment Act 2002 amended

Section 7 of the Sentencing Amendment Act 2002 is amended by omitting "de facto spouse" from paragraph (a) of the definition of "immediate family" inserted in section 81A and substituting "partner, within the meaning of the Relationships Act 2003,".

5.   

See Schedule 1 .

SCHEDULE 1 - Consequential Amendments

The amendments effected by Section 5 and this Schedule have been incorporated into the authorised version of the appropriate Acts and Statutory Rules.