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Legislative Assembly for the ACT: 2003 Week 3 Hansard (11 March) . . Page.. 891 ..

domestic partnership is two people of the same sex living together as a couple on a genuine domestic basis. The second type is two people of the opposite sex living together as spouses on a genuine domestic basis-what was once called a de facto relationship. The other category is two people living together in a legal marriage.

Mr Smyth's amendment states that "In an Act or statutory instrument, a domestic partnership is the relationship"between each of the three groups I have referred to. There is nothing judgmental about that. The word "or"appears at the end of the first two categories set out in the amendment which is now before the Assembly and the subsequent amendment, where the old (c) becomes (a), the old (b) I think remains the same and the old (a) becomes (c). He is merely listing the three obvious types of domestic partnership.

The criticism and concerns of a large number of citizens in our community will be partly allayed if this Assembly, contrary to what looks like happening, adopts the amendment. Also, some of the possible problems that might be faced if someone takes any of this to court on the basis of incompatibility with federal legislation might well be avoided.

I do not think anyone can take offence at Mr Smyth's amendment. He has simply set out in black and white and in a non-judgmental way-he has done so legally in the form of his amendment and also he has spoken about it-the three relevant types of domestic partnership people in our community can have. I think it is somewhat ridiculous that he is not getting more support for this eminently sensible amendment.

Question put:

That Mr Smyth's amendment be agreed to.

The Assembly voted -

Ayes, 5			Noes,10

Mrs Burke 	Mr Berry 	Ms MacDonald
Mr Cornwell 	Mrs Cross 	Mr Quinlan
Mr Pratt 	Ms Dundas 	Mr Stanhope
Mr Smyth 	Ms Gallagher	Ms Tucker
Mr Stefaniak 	Mr Hargreaves	Mr Wood

Question so resolved in the negative.

Amendment negatived.


(4.40): Mr Speaker, I move amendment No 1 circulated in my name [see schedule 2 at page 895]. Mr Stanhope's amendment No 1 and my amendment No 1 are the same. This is a simple amendment which expands references to definitions in the heading to clause 4 from two to three.

Amendment agreed to.


(Chief Minister, Attorney-General, Minister for Community Affairs and Minister for the Environment) (4.42): I move amendment No 2 standing in my name

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