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DUTIES ACT 2008 - SECT 128

128 .         Terms used

        (1)         In this Subdivision —

        child means a person who is under 18 years of age;

        de facto flag lifting agreement means a flag lifting agreement as defined in the Family Law Act section 90YS;

        de facto relationship means a de facto relationship that comes within the Family Court Act section 205Z(1)(a), (b) or (c);

        de facto relationship instrument has the meaning given in section 130;

        de facto relationship property of a de facto relationship, means property of the de facto partners to the relationship or of either of them and includes a superannuation interest as defined in the Family Law Act section 90YD;

        de facto splitting agreement means —

            (a)         a de facto superannuation agreement that has effect under the Family Law Act Part VIIIC; or

            (b)         a de facto flag lifting agreement that has effect under the Family Law Act Part VIIIC;

        de facto superannuation agreement means a superannuation agreement as defined in the Family Law Act section 90YK;

        Family Law Act means the Family Law Act 1975 (Commonwealth);

        flag lifting agreement has the meaning given in the Family Law Act section 90XN;

        matrimonial instrument has the meaning given in section 129;

        matrimonial property of a marriage, means property of the parties to the marriage or of either of them and includes a superannuation interest as defined in the Family Law Act section 90XD;

        splitting agreement means —

            (a)         a superannuation agreement; or

            (b)         a flag lifting agreement,

        that has effect under the Family Law Act Part VIIIB;

        superannuation agreement has the meaning given in the Family Law Act section 90XH;

        superannuation fund has the meaning given in section 121.

        (2)         A reference in this Subdivision to persons who are married to each other or have been married to each other includes persons who are married to each other or who have been married to each other by a marriage that is void under the Family Law Act.

        [Section 128 amended: No. 28 of 2022 s. 36; No. 28 of 2022 s. 37]



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