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


COMMONWEALTH POWERS (DE FACTO RELATIONSHIPS) BILL 2005

                    Western Australia


     Commonwealth Powers (De Facto
        Relationships) Bill 2005

                       CONTENTS


1.     Short title and purpose           2
2.     Commencement                      2
3.     Definitions                       2
4.     References                        3
5.     Termination of references         3




                         086--2          page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY


                      (As amended in Committee)



          Commonwealth Powers (De Facto
             Relationships) Bill 2005


                               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:




                                                               page 1
     Commonwealth Powers (De Facto Relationships) Bill 2005



     s. 1




     1.         Short title and purpose
          (1)   This is the Commonwealth Powers (De Facto Relationships)
                Act 2005.
          (2)   The purpose of this Act is to refer certain superannuation
 5              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
10              section 77(iii) of the Constitution of the Commonwealth.

     2.         Commencement
                This Act comes into operation on a day fixed by proclamation.

     3.         Definitions
          (1)   In this Act --
15              "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,
20                   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
25              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
30                     of either or both of them; and

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                       Commonwealth Powers (De Facto Relationships) Bill 2005



                                                                              s. 4



                 (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
 5                     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
10              otherwise included in the legislative powers of the Parliament of
                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
15              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;
20                (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
25              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
30              first day after the end of the period of 3 months beginning with
                the day on which the proclamation is published in the Gazette.



                                                                           page 3
     Commonwealth Powers (De Facto Relationships) Bill 2005



     s. 5



        (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
              have been published.
 5      (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
              proclamation under that subsection.
10      (6)   A proclamation is to be made under this section if and only if
              the making of that proclamation has been recommended by
              resolution passed by both Houses of Parliament of this State.




 


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