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DOMESTIC PARTNERS PROPERTY ACT 1996 - SECT 3

DOMESTIC PARTNERS PROPERTY ACT 1996 - SECT 3

3—Interpretation

        (1)         In this Act—

"certified domestic partnership agreement"—see subsection (2);

"child" of domestic partners means—

            (a)         a child of which the domestic partners are the natural parents; or

            (b)         a child of the female partner whose male partner is presumed to be the father of the child under an Australian law; or

            (c)         a child adopted by the partners;

"close personal relationship" means the relationship between 2 adult persons (whether or not related by family and irrespective of their sex or gender identity) who live together as a couple on a genuine domestic basis, but does not include—

            (a)         the relationship between a legally married couple; or

            (b)         a relationship where 1 of the persons provides the other with domestic support or personal care (or both) for fee or reward, or on behalf of some other person or an organisation of whatever kind;

Note—

Two persons may live together as a couple on a genuine domestic basis whether or not a sexual relationship exists, or has ever existed, between them.

"court" means—

            (a)         the Supreme Court; or

            (b)         the District Court; or

            (c)         if an application relates to property valued at $100 000 or less, the Magistrates Court;

"domestic partner" means—

            (a)         a person in a registered relationship, and includes—

                  (i)         a person who is about to enter into a registered relationship; or

                  (ii)         a person who has been in a registered relationship; or

            (b)         a person who lives in a close personal relationship, and includes—

                  (i)         a person who is about to enter a close personal relationship; or

                  (ii)         a person who has lived in a close personal relationship;

"domestic partnership agreement" means an agreement about—

            (a)         the division of property on the termination of a domestic partnership; or

            (b)         any other matter (financial or otherwise) related to a domestic partnership;

"lawyer" means a person who is admitted as a barrister and solicitor of the Supreme Court and holds a current practising certificate;

"lawyer's certificate" means a certificate signed by a lawyer, and endorsed on an agreement, certifying that—

            (a)         the lawyer explained the legal implications of the agreement to a party to the agreement, named in the certificate, in the absence of the other party to the agreement; and

            (b)         the party gave the lawyer apparently credible assurances that the party was not acting under coercion or undue influence; and

            (c)         the party signed the agreement in the lawyer's presence;

"property" of a person includes—

            (a)         a prospective entitlement or benefit under a superannuation or retirement benefit scheme;

            (b)         property held under a discretionary trust that could, under the terms of the trust, be vested in the person or applied for the person's benefit;

            (c)         property over which the person has a direct or indirect power of disposition and which may be used or applied for the person's benefit;

            (d)         any other valuable benefit;

"registered relationship" means a relationship that is registered under the Relationships Register Act 2016 , and includes a corresponding law registered relationship under that Act.

        (2)         For the purposes of this Act, a domestic partnership agreement is a "certified domestic partnership agreement if—

            (a)         the agreement contains a provision (the "warranty of asset disclosure ) under which each party to the agreement warrants that he or she has disclosed all relevant assets to the other; and

            (b)         —

                  (i)         the signature of each party to the agreement is attested by a lawyer's certificate; and

                  (ii)         each lawyer's certificate is given by a different lawyer.