FAMILY LAW AMENDMENT (DE FACTO FINANCIAL MATTERS AND OTHER MEASURES) ACT 2008 (NO. 115, 2008) - SCHEDULE 2 Consequential amendments relating to de facto financial matters

FAMILY LAW AMENDMENT (DE FACTO FINANCIAL MATTERS AND OTHER MEASURES) ACT 2008 (NO. 115, 2008) - SCHEDULE 2

Consequential amendments relating to de facto financial matters

A New Tax System (Family Assistance) Act 1999

1 Subparagraph 19(2)(c)(iii)

After "maintenance agreement", insert ", a financial agreement (within the meaning of the Family Law Act 1975 ), a Part VIIIAB financial agreement (within the meaning of that Act)".

2 Subparagraph 20A(10)(b)(iii) of Schedule 1

After "financial agreement", insert ", or Part VIIIAB financial agreement,".

3 Subparagraph 24(3)(a)(iii) of Schedule 1

After "financial agreement", insert ", or Part VIIIAB financial agreement,".

Bankruptcy Act 1966

4 Subsection 5(1) (definition of maintenance agreement )

After "financial agreement", insert ", or Part VIIIAB financial agreement,".

5 After subsection 35(1)

Insert:

(1A) If, at a particular time:

(a) a party to a de facto relationship is a bankrupt; and

(b) the trustee of the bankrupt's estate is:

(i) a party to property settlement proceedings in relation to either or both of the parties to the de facto relationship; or

(ii) an applicant under section 90SN of the Family Law Act 1975 for the variation or setting aside of an order made under section 90SM of that Act in property settlement proceedings in relation to either or both of the parties to the de facto relationship; or

(iii) a party to maintenance proceedings under Part VIIIAB of the Family Law Act 1975 in relation to the maintenance of one of the parties to the de facto relationship;

then, at and after that time, the Family Court has jurisdiction in bankruptcy in relation to any matter connected with, or arising out of, the bankruptcy of the bankrupt.

6 Subsection 35(2)

Omit "Subsection (1) does", substitute "Subsections (1) and (1A) do".

7 At the end of section 35

Add:

(4) An expression used in subsection (1A) that is also used in the Family Law Act 1975 has the same meaning in that subsection as it has in that Act.

8 Subsection 35B(1)

After "35", insert "(other than subsection (1A))".

9 After subsection 35B(1)

Insert:

(1A) Despite subsection (1), section 35A does not apply to the Family Court of Western Australia in relation to a de facto financial cause (within the meaning of the Family Law Act 1975 ).

10 Paragraph 40(1)(o)

Omit all the words after "accordance", substitute:

with:

(i) a financial agreement (within the meaning of the Family Law Act 1975 ); or

(ii) a Part VIIIAB financial agreement (within the meaning of the Family Law Act 1975 );

to which the debtor is a party.

11 Section 59A

After "VIII", insert "or VIIIAB".

Note: The heading to section 59A is altered by inserting " or VIIIAB " after " VIII ".

12 Paragraph 116(2)(q)

After "spouse", insert ", or a former spouse,".

13 At the end of subsection 116(2)

Add:

; (r) any property that, under an order under Part VIIIAB of the Family Law Act 1975 , the trustee is required to transfer to a former de facto spouse of the bankrupt.

14 Paragraph 120(5)(e)

After "spouse", insert ", or a former spouse,".

15 At the end of subsection 120(5)

Add:

; (f) if the transferee is a former de facto spouse of the transferor--the transferee granting the transferor a right to live at the transferred property, unless the grant relates to a transfer or settlement of property, or an agreement, under the Family Law Act 1975 .

16 Paragraph 121(6)(e)

After "spouse", insert ", or a former spouse,".

17 At the end of subsection 121(6)

Add:

18 Subsection 140(11)

Omit " section 114 of the Family Law Act 1975 (which deals", substitute " section 90SS or 114 of the Family Law Act 1975 (which deal".

Child Support (Assessment) Act 1989

19 At the end of subsection 84(5)

Add:

; or (c) a Part VIIIAB financial agreement (within the meaning of that Act).

20 Paragraph 152(1)(b)

Omit "or a financial agreement within the meaning of the Family Law Act 1975 ", substitute "a financial agreement (within the meaning of the Family Law Act 1975 ) or a Part VIIIAB financial agreement (within the meaning of that Act)".

21 Subsection 152(1)

Omit "or financial agreement" (wherever occurring), substitute ", financial agreement or Part VIIIAB financial agreement".

Child Support (Registration and Collection) Act 1988

22 Subsection 4(1) (at the end of subparagraph (a)(i) of the definition of collection agency maintenance liability )

Add "or".

23 Subsection 4(1) (after subparagraph (a)(iii) of the definition of collection agency maintenance liability )

Insert:

or (iv) a party to a de facto relationship to pay a periodic amount for the maintenance of the other party to the de facto relationship;

24 Subsection 4(1) (definition of maintenance agreement )

Omit "or a party to a marriage", substitute ", a party to a marriage or a party to a de facto relationship".

25 Subsection 4(1) (definition of maintenance agreement )

After "financial agreement", insert ", or Part VIIIAB financial agreement,".

26 Subsection 4(1)

Insert:

party to a de facto relationship has the same meaning as in the Family Law Act 1975 .

27 Subsection 4(1) (after paragraph (d) of the definition of terminating event )

Insert:

(daa) in a case where the liability relates to the maintenance of a party to a de facto relationship--the marriage of the person unless, under the terms and conditions of the relevant court order or maintenance agreement or otherwise by force of law, the liability is to continue after the marriage of the person; or

28 Section 18

Before "Subject", insert "(1)".

Note: The heading to section 18 is altered by inserting " , or parties to de facto relationships, " after " marriages ".

29 At the end of section 18

Add:

(2) Subject to section 19, a liability is a registrable maintenance liability if:

(a) it is a liability of a party to a de facto relationship to pay a periodic amount for the maintenance of the other party to the de facto relationship; and

(b) either of the following subparagraphs applies:

(i) it arises under a court order or court registered maintenance agreement;

(ii) it is a collection agency maintenance liability.

30 At the end of subparagraph 112(1)(b)(ii)

Add "or".

31 After subparagraph 112(1)(b)(ii)

Insert:

(iii) the maintenance by a party to a de facto relationship of the other party to the de facto relationship;

Federal Magistrates Act 1999

32 Subparagraph 102(2)(l)(i)

Omit "or 77", substitute ", 77 or 90SG".

First Home Saver Accounts Act 2008

33 Section 18 (at the end of the definition of family law obligation )

Add:

; or (c) a Part VIIIAB financial agreement (within the meaning of the Family Law Act 1975 ) that is binding because of section 90UJ of that Act.

Income Tax Assessment Act 1997

34 After paragraph 126‑5(1)(d)

Insert:

(da) something done under:

(i) a Part VIIIAB financial agreement (within the meaning of the Family Law Act 1975 ) that is binding because of section 90UJ of that Act; or

(ii) a corresponding written agreement that is binding because of a corresponding foreign law; or

35 Subsection 126‑5(3A)

After "(d)", insert ", (da)".

36 After paragraph 126‑15(1)(d)

Insert:

(da) something done under:

(i) a Part VIIIAB financial agreement (within the meaning of the Family Law Act 1975 ) that is binding because of section 90UJ of that Act; or

(ii) a corresponding written agreement that is binding because of a corresponding foreign law; or

37 Subsection 126‑15(5)

After "(d)", insert ", (da)".

38 Paragraph 126‑140(2A)(h)

After "(2B)(d)", insert ", (da)".

39 Paragraph 126‑140(2B)(b)

Omit "or subsection 90AE(2) or 90AF(2)", substitute ", subsection 90AE(2) or 90AF(2) or section 90SM".

40 Paragraph 126‑140(2B)(c)

Omit "section 79 or subsection 90AE(2) or 90AF(2)", substitute "subsection 90AE(2) or 90AF(2) or section 90SM".

41 After paragraph 126‑140(2B)(d)

Insert:

(da) a Part VIIIAB financial agreement (within the meaning of the Family Law Act 1975 ) that is binding because of section 90UJ of that Act; or

Proceeds of Crime Act 2002

42 After subparagraph 330(4)(ba)(i)

Insert:

(ia) an order in proceedings under the Family Law Act 1975 with respect to the property of the parties to a de facto relationship (within the meaning of that Act) or either of them; or

43 Subparagraph 330(4)(ba)(ii)

After "agreement", insert ", or Part VIIIAB financial agreement,".

Social Security Act 1991

44 Subparagraph 9A(2)(h)(iva)