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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (De Facto Relationships)
Bill 2011
A BILL FOR
An Act to amend the Criminal
Assets Confiscation Act 2005, the Family
Relationships Act 1975 and the Stamp
Duties Act 1923.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Criminal Assets
Confiscation Act 2005
4Amendment of section 7—Meaning
of proceeds and instrument of an offence
Part 3—Amendment of Family
Relationships Act 1975
5Amendment of
section 11B—Declaration as to domestic partners
Part 4—Amendment
of Stamp Duties Act 1923
6Amendment of
section 71CA—Exemption from duty in respect of Family Law
instruments
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (De Facto Relationships)
Act 2011.
(1) Subject to
subsection (2), this
Act will come into operation on the day on which it is assented to by the
Governor.
(2)
Part 4 will be taken
to have come into operation on 1 July 2010.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Criminal Assets Confiscation
Act 2005
4—Amendment
of section 7—Meaning of proceeds and instrument of an
offence
(1) Section 7(2)(c)(i)—after "marriage" insert:
or de facto relationship,
(2) Section 7(2)(c)(ii)—after "financial agreement"
insert:
or Part VIIIAB financial agreement
Part 3—Amendment
of Family Relationships
Act 1975
5—Amendment
of section 11B—Declaration as to domestic
partners
Section 11B(3)—after paragraph (f) insert:
(fa) any Part VIIIAB financial agreement made under the Family Law
Act 1975 of the Commonwealth;
Part 4—Amendment
of Stamp Duties
Act 1923
6—Amendment
of section 71CA—Exemption from duty in respect of Family Law
instruments
(1) Section 71CA(1)—before the definition of Family Law
agreement insert:
de facto relationship has the same meaning as in the
Family Law Act 1975 of the Commonwealth;
(2) Section 71CA(1), definition of Family Law
order—after "VIIIA" insert:
, VIIIAB
(3) Section 71CA(1), definition of financial
agreement—delete the definition and substitute:
financial agreement means a financial agreement made under
Part VIIIA or VIIIAB of the Family Law Act 1975 of the
Commonwealth (or taken to have been made under Part VIIIAB of that Act)
that, under that Act, is binding on the parties to the agreement;
(4) Section 71CA(2)(b)(iii)—delete subparagraph (iii) and
substitute:
(iii) the agreement or order relates to—
(A) a marriage that has been dissolved or annulled; or
(B) a marriage or de facto relationship that the Commissioner is satisfied
has broken down irretrievably; and
(5) Section 71CA(2)(b)(iv)(A) and (B)—after "(or former
marriage)" wherever occurring insert:
or former de facto relationship
(6) Section 71CA(2)(b)(v)—after "married to" insert:
, or in a de facto relationship with,
(7) Section 71CA(3)—delete subsection (3) and
substitute:
(3) If an instrument was not exempt from stamp duty under this section by
reason only that—
(a) in the case of an instrument relating to a marriage—
(i) the marriage of the 2 persons had not been dissolved or annulled;
and
(ii) the Commissioner was not satisfied that the marriage of the
2 persons had broken down irretrievably; or
(b) in the case of an instrument relating to a de facto
relationship—the Commissioner was not satisfied that the relationship of
the 2 persons had broken down irretrievably,
a party to the marriage or de facto relationship who paid stamp duty on the
instrument is entitled to a refund of the duty—
(c) if the marriage is subsequently dissolved or annulled; or
(d) if the Commissioner is subsequently satisfied that the marriage or de
facto relationship has broken down irretrievably.