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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Commonwealth Powers (De Facto
Relationships) Bill 2003
CONTENTS
1. Short title and purpose 1
2. Commencement 2
3. Definitions 2
4. References 2
5. Termination of references 3
239--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Commonwealth Powers (De Facto
Relationships) Bill 2003
A Bill for
An Act to refer certain superannuation 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.
The Parliament of Western Australia enacts as follows:
1. Short title and purpose
(1) This Act may be cited as the Commonwealth Powers (De Facto
Relationships) Act 2003.
(2) The purpose of this Act is to refer certain superannuation
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,
with a view to the Family Court of Western Australia being
invested with jurisdiction to deal with those matters under
section 77(iii) of the Constitution of the Commonwealth.
page 1
Commonwealth Powers (De Facto Relationships) Bill 2003
s. 2
2. Commencement
This Act comes into operation on a day fixed by proclamation.
3. Definitions
(1) In this Act --
5 "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 2 persons;
"superannuation matters", in relation to de facto partners,
10 means the distribution of superannuation benefits or
prospective superannuation entitlements of or relating to
de facto partners.
(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
15 another de facto relationship.
(3) A reference in this Act --
(a) to the superannuation benefits or prospective
superannuation entitlements of de facto partners
includes a reference to the superannuation entitlements
20 of either or both of them; and
(b) to the distribution of any such superannuation benefits
or prospective superannuation entitlements includes a
reference to the conferral of rights or obligations in
relation to the superannuation benefits or prospective
25 superannuation entitlements.
(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
30 otherwise included in the legislative powers of the Parliament of
page 2
Commonwealth Powers (De Facto Relationships) Bill 2003
s. 5
the Commonwealth, are referred to the Parliament of the
Commonwealth for a period beginning on the day on which this
Act comes into operation and ending on the day fixed, under
section 5, as the day on which the references under this Act are
5 to terminate, but no longer --
(a) superannuation 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;
10 (b) superannuation 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
15 affected by the other paragraph.
5. Termination of references
(1) The Governor may, at any time, by proclamation, fix a day as
the day on which the references are to terminate.
(2) The day fixed under subsection (1) must be no earlier than the
20 first day after the end of the period of 3 months beginning with
the day on which the proclamation is published in the Gazette.
(3) The Governor may, by proclamation, revoke a proclamation
published under subsection (1), in which case the revoked
proclamation is taken (for the purposes of section 4) never to
25 have been published.
(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
30 proclamation under that subsection.
page 3
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