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FAMILY LAW ACT 1975 - SECT 70Q

Certain instruments not liable to duty

             (1)  The following instruments are not subject to any duty or charge under any law of a State or Territory or any law of the Commonwealth that applies only in relation to a Territory:

                     (a)  an instrument executed under, or for the purposes of, an order made under this Part;

                     (b)  an eligible parenting plan that confers a benefit in relation to a child, to the extent to which it confers the benefit;

                     (c)  an instrument executed under, or for the purposes of, an eligible parenting plan and that confers a benefit in relation to a child, to the extent to which it confers the benefit.

             (2)  An eligible parenting plan is a parenting plan:

                     (a)  that is a registered parenting plan within the meaning of subsection 63C(6); and

                     (b)  that is not a maintenance agreement, or, if it is a maintenance agreement, it relates to a child who is not a child of the marriage to which the maintenance agreement relates; and

                     (c)  that:

                              (i)  is made by the parties to a de facto relationship in connection with the breakdown of that relationship; or

                             (ii)  relates to a child whose parents (being parties to the plan) were neither married to each other, nor living with each other in a de facto relationship, at the time of the child's conception.

             (3)  In this section, a reference to an instrument that confers a benefit in relation to a child includes a reference to an instrument that confers an entitlement to property in relation to a child even though the instrument also deprives the child or another person of an entitlement to other property in relation to the child.

   



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