(1) A court may make a declaration under section 90SL, or an order under section 90SM, in relation to a de facto relationship only if the court is satisfied:
(a) that either or both of parties to the de facto relationship were ordinarily resident in a participating jurisdiction when the application for the declaration or order was made (the application time ); and
(b) that either:
(i) both parties to the de facto relationship were ordinarily resident during at least a third of the de facto relationship; or
(ii) the applicant for the declaration or order made substantial contributions in relation to the de facto relationship, of a kind mentioned in paragraph 90SM(4)(a), (b) or (c);
in one or more States or Territories that are participating jurisdictions at the application time;
or that the alternative condition in subsection (1A) is met.
(1A) The alternative condition is that the parties to the de facto relationship were ordinarily resident in a participating jurisdiction when the relationship broke down.
(2) For the purposes of paragraph (1)(b), a State need not have been a participating jurisdiction during the de facto relationship.
(3) If each State is a referring State, the Governor-General may, by Proclamation, fix a day as the day on which paragraph (1)(b), and the alternative condition in subsection (1A), cease to apply in relation to new applications.
Note: Paragraph (1)(b) and subsection (1A) will continue to apply in relation to applications made before the proclaimed day.
(a) a Proclamation under subsection (3) is in force; and
(b) a State ceases to be a referring State on a particular day;
the Proclamation is revoked by force of this subsection on and from that day.
(5) If, under subsection (4), a Proclamation under subsection (3) is revoked:
(a) this section has effect as if the revoked Proclamation had not been made; but
(b) the effect of the revoked Proclamation on applications made before the specified day is not affected.