Australian Capital Territory Consolidated Acts

MARRIED PERSONS PROPERTY ACT 1986 - NOTES

Note 2     For example, the Legislation Act, dict, pt 1 defines the following terms:

              •     civil partner

              •     civil partnership

              •     Magistrates Court

              •     Supreme Court

              •     territory law.

"court"—see section 2.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
def = definition	pres = present
dict = dictionary	prev = previous
disallowed = disallowed by the Legislative	(prev...) = previously
Assembly	pt = part
div = division	r = rule/subrule
exp = expires/expired	renum = renumbered
Gaz = gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

3     Legislation history

This Act was originally a Commonwealth ordinance—the Married Persons' Property Ordinance 1986 No 18 (Cwlth).

The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).

As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day).

The name of the Act was later changed to the Married Persons Property Act 1986 under the Legislation Act 2001.

Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).

    Legislation before becoming Territory enactment

Married Persons Property Act 1986 No 18

notified 26 June 1986

commenced 26 June 1986

as amended by

Magistrates Court (Civil Jurisdiction) (Amendment) Ordinance 1988 No 81 s 9

notified 14 December 1988

commenced 3 January 1989 (s 2)

    Legislation after becoming Territory enactment

Statute Law Revision Act 1995 No 46 sch

notified 18 December 1995 (Gaz 1995 No S306)

amdts commenced 18 December 1995 (s 2)

Sexuality Discrimination Legislation Amendment Act 2004 A2004-2 sch 1 pt 1.10

notified LR 18 February 2004
s 1, s 2 commenced 18 February 2004 (LA s 75 (1))
sch 1 pt 1.10 commenced 22 March 2004 (s 2 and CN2004-4)

Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.53

notified LR 2 September 2004
s 1, s 2 commenced 2 September 2004 (LA s 75 (1))

sch 1 pt 1.53 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29)

Civil Unions Act 2006 A2006-22 sch 1 pt 1.22

notified LR 19 May 2006
s 1, s 2 commenced 19 May 2006 (LA s 75 (1))
sch 1 pt 1.22 never commenced

Note     Act repealed by disallowance 14 June 2006 (see Cwlth Gaz 2006 No S93)

Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.67

notified LR 22 March 2007

s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))

sch 3 pt 3.67 commenced 12 April 2007 (s 2 (1))

Civil Partnerships Act 2008 A2008-14 sch 1 pt 1.18

notified LR 15 May 2008

s 1, s 2 commenced 15 May 2008 (LA s 75 (1))

sch 1 pt 1.18 commenced 19 May 2008 (s 2 and CN2008-8)

4     Amendment history

Long title
long title     am A2006-22 amdt 1.75 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2008-14 amdt 1.45

Name of Act
s 1 hdg     am R2 LA
s 1     am R2 LA

Dictionary
s 1A     ins A2007-3 amdt 3.369

Notes
s 1B     ins A2007-3 amdt 3.369

Authority to pledge spouse's credit
s 4     A2004-2 amdt 1.32

Transfer of property to spouse, civil partner or child
s 9 hdg     sub A2006-22 amdt 1.76 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2008-14 amdt 1.46
s 9     am A2006-22 amdt 1.77, amdt 1.78 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2008-14 amdt 1.47

Purchase or transfer of property before marriage or civil partnership
s 10 hdg     sub A2006-22 amdt 1.79 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2008-14 amdt 1.48
s 10     am A2006-22 amdts 1.80-1.88 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2008-14 amdts 1.49-1.57

Housekeeping allowances
s 11     am A2006-22 amdt 1.89, amdt 1.90 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2008-14 amdt 1.58, amdt 1.59

Beneficiaries who are married or in civil partnership
s 12 hdg     sub A2006-22 amdt 1.91 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2008-14 amdt 1.60
s 12     am A2006-22 amdt 1.92 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2008-14 amdt 1.61

Applications to decide property disputes
s 13     am A2004-60 amdt 1.589
    sub A2006-22 amdt 1.93 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2008-14 amdt 1.62

Jurisdiction of Magistrates Court
s 14 hdg     sub A2004-60 amdt 1.590
s 14     am 1988 No 81 s 9; 1995 No 46 sch
    sub A2004-60 amdt 1.590

Powers of the Court
s 15     am A2004-60 amdt 1.591; A2006-22 amdt 1.94 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2008-14 amdt 1.63

Dictionary
dict     ins A2007-3 amdt 3.370
    am A2008-14 amdt 1.64
    def court ins A2007-3 amdt 3.370

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	Ord 1988 No 81	31 July 1991
2	A1995-46	17 July 2002
3	A2004-2	22 March 2004
4	A2004-60	10 January 2005
5	A2007-3	12 April 2007

© Australian Capital Territory 2008

Australian Capital Territory

A1986-18

Republication No 6

Effective: 19 May 2008

Republication date: 19 May 2008

Last amendment made by A2008-14






Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Married Persons Property Act 1986 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 19 May 2008. It also includes any amendment, repeal or expiry affecting the republished law to 19 May 2008.

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a) if the person charged is an individual—$100; or

(b) if the person charged is a corporation—$500.

Australian Capital Territory

Married Persons Property Act 1986

Endnotes

Australian Capital Territory

Married Persons Property Act 1986