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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Commonwealth Powers (De Facto
Relationships) Bill 2003
Contents
Page
1 Name of Act and purpose 2
2 Commencement 2
3 Definitions 2
4 References 3
5 Termination of references 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2003
New South Wales
Commonwealth Powers (De Facto
Relationships) Bill 2003
Act No , 2003
An Act to refer certain financial matters arising out of the breakdown of de facto
relationships to the Parliament of the Commonwealth for the purposes of section
51 (xxxvii) of the Constitution of the Commonwealth.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Commonwealth Powers (De Facto Relationships) Bill 2003
The Legislature of New South Wales enacts:
1 Name of Act and purpose
(1) This Act is the Commonwealth Powers (De Facto Relationships)
Act 2003.
(2) The purpose of this Act is to refer certain financial matters arising
out of the breakdown of de facto relationships to the Parliament of
the Commonwealth for the purposes of section 51 (xxxvii) of the
Constitution of the Commonwealth.
2 Commencement
This Act commences on a day to be appointed by proclamation
published in the Gazette.
3 Definitions
(1) In this Act:
de facto partner means a person who lives or has lived in a de facto
relationship.
de facto relationship means a marriage-like relationship (other than
a legal marriage) between two persons.
financial matters, in relation to de facto partners, means any or all
of the following matters:
(a) the maintenance of de facto partners,
(b) the distribution of the property of de facto partners,
(c) the distribution of any other financial resources of de facto
partners, including prospective superannuation entitlements
or other valuable benefits of or relating to de facto partners.
property means any legal or equitable estate or interest (whether
present or future and whether vested or contingent) in real or
personal property of any description and wherever situated,
including money or choses in action.
(2) For the purposes of this Act, a de facto relationship exists even if a
de facto partner is legally married to someone else or is in another
de facto relationship.
Page 2
Commonwealth Powers (De Facto Relationships) Bill 2003 Clause 4
(3) A reference in this Act:
(a) to the property or other financial resources of de facto partners
includes a reference to the property or other financial
resources of either or both of them, and
(b) to the distribution of any such property or resources includes
a reference to the conferral of rights or obligations in relation
to the property or resources.
(4) This Act extends to de facto relationships that ended before the
commencement of this Act.
4 References
(1) The following matters, to the extent to which they are not otherwise
included in the legislative powers of the Parliament of the
Commonwealth, are referred to the Parliament of the
Commonwealth for a period commencing on the day on which this
Act commences and ending on the day fixed, pursuant to section 5,
as the day on which the references under this Act are to terminate,
but no longer:
(a) financial matters relating to de facto partners arising out of the
breakdown (other than by reason of death) of de facto
relationships between persons of different sexes,
(b) financial matters relating to de facto partners arising out of the
breakdown (other than by reason of death) of de facto
relationships between persons of the same sex.
(2) The operation of each paragraph of subsection (1) is not affected by
the other paragraph.
5 Termination of references
(1) The Governor may, at any time, by proclamation published in the
Gazette, fix a day as the day on which the references under this Act
are to terminate.
(2) The day fixed under subsection (1) must be no earlier than the first
day after the end of the period of 3 months beginning with the day
on which the proclamation is published under that subsection.
(3) The Governor may, by proclamation published in the Gazette,
revoke a proclamation published under subsection (1), in which case
the revoked proclamation is taken (for the purposes of section 4)
never to have been published.
Page 3
Clause 5 Commonwealth Powers (De Facto Relationships) Bill 2003
(4) A revoking proclamation has effect only if published before the day
fixed under subsection (1).
(5) The revocation of a proclamation published under subsection (1)
does not prevent publication of a further proclamation under that
subsection.
Page 4
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