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This is a Bill, not an Act. For current law, see the Acts databases.


COMMONWEALTH POWERS (DE FACTO RELATIONSHIPS) BILL 2003

                     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.




 


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