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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
COMMONWEALTH POWERS
(DE FACTO RELATIONSHIPS)
BILL 2003
Queensland
COMMONWEALTH POWERS (DE FACTO
RELATIONSHIPS) BILL 2003
TABLE OF PROVISIONS
Section Page
1 Short title and purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
5 Termination of references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
2003
A BILL
FOR
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
s1 4 s3
Commonwealth Powers (De Facto Relationships)
Bill 2003
The Parliament of Queensland enacts-- 1
1 Short title and purpose 2
(1) This Act may be cited as the Commonwealth Powers (De Facto 3
Relationships) Act 2003. 4
(2) The purpose of this Act is to refer certain financial matters arising out 5
of the breakdown of de facto relationships to the Parliament of the 6
Commonwealth for the purposes of section 51 (xxxvii) of the Constitution 7
of the Commonwealth. 8
2 Commencement 9
(1) This Act commences on a day to be fixed by proclamation. 10
(2) The Acts Interpretation Act 1954, section 15DA does not apply to 11
this Act. 12
3 Definitions 13
(1) In this Act-- 14
"de facto partner" means a person who lives or has lived in a de facto 15
relationship. 16
"de facto relationship" means a marriage-like relationship (other than a 17
legal marriage) between 2 persons. 18
"financial matters", in relation to de facto partners, means any or all of the 19
following matters-- 20
(a) the maintenance of de facto partners; 21
(b) the distribution of the property of de facto partners; 22
(c) the distribution of any other financial resources of de facto 23
partners, including prospective superannuation entitlements or 24
other valuable benefits of or relating to de facto partners. 25
"property" means any legal or equitable estate or interest (whether present 26
or future and whether vested or contingent) in real or personal 27
s4 5 s5
Commonwealth Powers (De Facto Relationships)
Bill 2003
property of any description and wherever situated, including money or 1
choses in action. 2
(2) For the purposes of this Act, a de facto relationship exists even if a de 3
facto partner is legally married to someone else or is in another de facto 4
relationship. 5
(3) A reference in this Act-- 6
(a) to the property or other financial resources of de facto partners 7
includes a reference to the property or other financial resources 8
of either or both of them; and 9
(b) to the distribution of any property or resources mentioned in 10
paragraph (a) includes a reference to the conferral of rights or 11
obligations in relation to the property or resources. 12
(4) This Act extends to de facto relationships that ended before the 13
commencement of this Act. 14
4 References 15
(1) The following matters, to the extent to which they are not otherwise 16
included in the legislative powers of the Parliament of the Commonwealth, 17
are referred to the Parliament of the Commonwealth for a period 18
commencing on the day on which this Act commences and ending on the 19
day fixed, under section 5, as the day on which the references under this 20
Act are to terminate, but no longer-- 21
(a) financial matters relating to de facto partners arising out of the 22
breakdown (other than by reason of death) of de facto 23
relationships between persons of different sexes; 24
(b) financial matters relating to de facto partners arising out of the 25
breakdown (other than by reason of death) of de facto 26
relationships between persons of the same sex. 27
(2) The operation of each paragraph of subsection (1) is not affected by 28
the other paragraph. 29
5 Termination of references 30
(1) The Governor may, at any time, by proclamation published in the 31
gazette, fix a day as the day on which the references under this Act are to 32
terminate. 33
s5 6 s5
Commonwealth Powers (De Facto Relationships)
Bill 2003
(2) The day fixed under subsection (1) must be no earlier than the first 1
day after the end of the period of 3 months beginning with the day on 2
which the proclamation is published in the gazette. 3
(3) The Governor may, by proclamation, revoke a proclamation 4
published under subsection (1), in which case the revoked proclamation is 5
taken, for the purposes of section 4, never to have been published. 6
(4) A revoking proclamation has effect only if published before the day 7
fixed under subsection (1). 8
(5) The revocation of a proclamation published under subsection (1) 9
does not prevent publication of a further proclamation under that 10
subsection. 11
(6) A proclamation made under this section is subordinate legislation. 12
13
© State of Queensland 2003
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