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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Property Law and Another
Act Amendment Bill 2009
Queensland
Property Law and Another Act
Amendment Bill 2009
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Amendment of Property Law Act 1974
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Insertion of new s 255A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
255A Relationship of this part with the Family Law Act in
relation to particular financial matters . . . . . . . . . . . . 4
4 Amendment of s 257 (Application of pt 19) . . . . . . . . . . . . . . . . . 5
5 Amendment of s 259 (Definitions for pt 19) . . . . . . . . . . . . . . . . . 6
6 Amendment of s 285 (Not affected by other rights) . . . . . . . . . . . 6
7 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 3 Amendment of Duties Act 2001
8 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
9 Amendment of s 424 (Exemption--matrimonial and de facto
relationship instruments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
2009
A Bill
for
An Act to amend the Property Law Act 1974 and the Duties Act
2001 for particular purposes
Property Law and Another Act Amendment Bill 2009
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Property Law and Another Act 4
Amendment Act 2009. 5
Part 2 Amendment of Property Law 6
Act 1974 7
Clause 2 Act amended 8
This part amends the Property Law Act 1974. 9
Clause 3 Insertion of new s 255A 10
After section 255-- 11
insert-- 12
`255A Relationship of this part with the Family Law Act in 13
relation to particular financial matters 14
`(1) The State, by the Commonwealth Powers (De Facto 15
Relationships) Act 2003, referred the following matters (to the 16
extent that they are not otherwise included in the legislative 17
powers of the Parliament of the Commonwealth) to the 18
Parliament of the Commonwealth-- 19
(a) financial matters relating to de facto partners arising out 20
of the breakdown (other than by reason of death) of de 21
facto relationships between persons of different sexes; 22
Page 4
Property Law and Another Act Amendment Bill 2009
Part 2 Amendment of Property Law Act 1974
[s 4]
(b) financial matters relating to de facto partners arising out 1
of the breakdown (other than by reason of death) of de 2
facto relationships between persons of the same sex. 3
`(2) Consequently, this part does not apply in relation to financial 4
matters relating to de facto partners arising out of the 5
breakdown of their de facto relationship if the Commonwealth 6
Act applies in relation to the matters. 7
Note-- 8
In most cases de facto partners seeking resolution of financial matters 9
arising out of the breakdown of their relationship should now proceed 10
under the Commonwealth Act. 11
`(3) However, this part continues to apply in relation to financial 12
matters relating to de facto partners if the Commonwealth Act 13
does not apply. 14
Examples-- 15
1 The Commonwealth Act, section 90SK provides that particular 16
requirements must be satisfied before a court may make a 17
declaration under section 90SL of that Act. If, in the particular 18
circumstances of a case, those requirements are not satisfied, this 19
part may apply. 20
2 This part applies to de facto relationships that break down after 21 21
December 1999 and before the commencement of the Family Law 22
Amendment (De Facto Financial Matters and Other Measures) Act 23
2008 (Cwlth) (the Commonwealth amending Act) on 1 March 24
2009. However, section 86A of the Commonwealth amending Act 25
provides that de facto partners whose relationship broke down 26
before the commencement of that amending Act may choose to 27
agree to the application of particular provisions of the 28
Commonwealth Act to the de facto relationship in particular 29
circumstances.'. 30
Clause 4 Amendment of s 257 (Application of pt 19) 31
Section 257-- 32
insert-- 33
`(3) Despite subsection (1), this part does not apply in relation to a 34
de facto relationship to the extent the Commonwealth Act 35
applies in relation to the relationship. 36
Page 5
Property Law and Another Act Amendment Bill 2009
Part 2 Amendment of Property Law Act 1974
[s 5]
`(4) Also if, in relation to a de facto relationship-- 1
(a) a de facto partner in the relationship makes an 2
application about a matter to a court having jurisdiction 3
under this part (the State proceeding); and 4
(b) the other de facto partner in the relationship makes an 5
application about the same matter or a related matter to 6
a court having jurisdiction under the Commonwealth 7
Act (the Commonwealth proceeding); and 8
(c) neither of the applications has been finally dealt with; 9
the court mentioned in paragraph (a) must stay the State 10
proceeding until the Commonwealth proceeding is finally 11
dealt with.'. 12
Clause 5 Amendment of s 259 (Definitions for pt 19) 13
Section 259-- 14
insert-- 15
`Commonwealth Act means the Family Law Act 1975 16
(Cwlth).'. 17
Clause 6 Amendment of s 285 (Not affected by other rights) 18
Section 285(2), definition law, after `Commonwealth'-- 19
insert-- 20
`, other than the Commonwealth Act,'. 21
Clause 7 Amendment of sch 6 (Dictionary) 22
Schedule 6-- 23
insert-- 24
`Commonwealth Act, for part 19, see section 259. 25
Page 6
Property Law and Another Act Amendment Bill 2009
Part 3 Amendment of Duties Act 2001
[s 8]
Part 3 Amendment of Duties Act 2001 1
Clause 8 Act amended 2
This part amends the Duties Act 2001. 3
Clause 9 Amendment of s 424 (Exemption--matrimonial and 4
de facto relationship instruments) 5
Section 424, note-- 6
omit, insert-- 7
`Notes-- 8
1 Exemptions for duty for particular instruments and maintenance 9
agreements are provided in the Family Law Act 1975 (Cwlth), 10
section 90. 11
2 Exemptions for duty for particular instruments and agreements 12
relating to financial matters, in the event of a breakdown in a 13
marriage, are provided in the Family Law Act 1975 (Cwlth), section 14
90L. 15
3 Exemptions for duty for particular instruments and agreements 16
relating to financial matters, in the event of a breakdown of a 17
de facto relationship, are provided in the Family Law Act 1975 18
(Cwlth), section 90WA.'. 19
© State of Queensland 2009
Page 7
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