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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Commonwealth Powers (De Facto Relationships)
Bill 2009
A BILL FOR
An Act to refer certain matters relating to de facto relationships to the
Parliament of the Commonwealth.
Contents
1 Short
title
2 Interpretation
3 References
4 Termination of
references
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Commonwealth Powers (De Facto
Relationships) Act 2009.
(1) In this Act—
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;
financial matters, in relation to de facto partners, means
any or all of the following matters:
(a) the maintenance of de facto partners;
(b) the distribution of the property of de facto partners;
(c) the distribution of any other financial resources of de facto
partners, including prospective superannuation entitlements or other valuable
benefits of or relating to de facto partners;
property means any legal or equitable estate or interest
(whether present or future and whether vested or contingent) in real or personal
property of any description and wherever situated, including money or choses in
action.
(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 another de facto
relationship.
(3) A reference in this Act—
(a) to the property or other financial resources of de facto partners
includes a reference to the property or other financial resources of either or
both of them; and
(b) to the distribution of any such property or resources includes a
reference to the conferral of rights or obligations in relation to the property
or resources.
(4) This Act extends to de facto relationships that ended before the
commencement of this Act.
(1) The following matters, to the extent to which they are not otherwise
included in the legislative powers of the Parliament of the Commonwealth, are
referred to the Parliament of the Commonwealth for a period commencing on the
day on which this Act commences and ending on the day fixed, pursuant to
section 4, as the day on which the references under this Act are to
terminate, but no longer:
(a) financial 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;
(b) financial 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 affected
by the other paragraph.
(1) The Governor may, at any time, by proclamation, fix a day as the day
on which the references under this Act are to terminate.
(2) The day fixed under subsection (1) must be no earlier than the
first day after the end of the period of 3 months beginning with the day on
which the proclamation is made under that subsection.
(3) The Governor may, by proclamation, revoke a proclamation under
subsection (1), in which case the revoked proclamation is taken (for the
purposes of section 3) never to have been made.
(4) A revoking proclamation has effect only if made before the day fixed
under subsection (1).
(5) The revocation of a proclamation under subsection (1) does not
prevent a further proclamation being made under that subsection.