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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

         Queensland




COMMONWEALTH POWERS
(DE FACTO RELATIONSHIPS)
        BILL 2003

 


 

 

Queensland COMMONWEALTH POWERS (DE FACTO RELATIONSHIPS) BILL 2003 TABLE OF PROVISIONS Section Page 1 Short title and purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 Termination of references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

 


 

 

2003 A BILL FOR An Act to refer certain financial 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

 


 

s1 4 s3 Commonwealth Powers (De Facto Relationships) Bill 2003 The Parliament of Queensland enacts-- 1 1 Short title and purpose 2 (1) This Act may be cited as the Commonwealth Powers (De Facto 3 Relationships) Act 2003. 4 (2) The purpose of this Act is to refer certain financial matters arising out 5 of the breakdown of de facto relationships to the Parliament of the 6 Commonwealth for the purposes of section 51 (xxxvii) of the Constitution 7 of the Commonwealth. 8 2 Commencement 9 (1) This Act commences on a day to be fixed by proclamation. 10 (2) The Acts Interpretation Act 1954, section 15DA does not apply to 11 this Act. 12 3 Definitions 13 (1) In this Act-- 14 "de facto partner" means a person who lives or has lived in a de facto 15 relationship. 16 "de facto relationship" means a marriage-like relationship (other than a 17 legal marriage) between 2 persons. 18 "financial matters", in relation to de facto partners, means any or all of the 19 following matters-- 20 (a) the maintenance of de facto partners; 21 (b) the distribution of the property of de facto partners; 22 (c) the distribution of any other financial resources of de facto 23 partners, including prospective superannuation entitlements or 24 other valuable benefits of or relating to de facto partners. 25 "property" means any legal or equitable estate or interest (whether present 26 or future and whether vested or contingent) in real or personal 27

 


 

s4 5 s5 Commonwealth Powers (De Facto Relationships) Bill 2003 property of any description and wherever situated, including money or 1 choses in action. 2 (2) For the purposes of this Act, a de facto relationship exists even if a de 3 facto partner is legally married to someone else or is in another de facto 4 relationship. 5 (3) A reference in this Act-- 6 (a) to the property or other financial resources of de facto partners 7 includes a reference to the property or other financial resources 8 of either or both of them; and 9 (b) to the distribution of any property or resources mentioned in 10 paragraph (a) includes a reference to the conferral of rights or 11 obligations in relation to the property or resources. 12 (4) This Act extends to de facto relationships that ended before the 13 commencement of this Act. 14 4 References 15 (1) The following matters, to the extent to which they are not otherwise 16 included in the legislative powers of the Parliament of the Commonwealth, 17 are referred to the Parliament of the Commonwealth for a period 18 commencing on the day on which this Act commences and ending on the 19 day fixed, under section 5, as the day on which the references under this 20 Act are to terminate, but no longer-- 21 (a) financial matters relating to de facto partners arising out of the 22 breakdown (other than by reason of death) of de facto 23 relationships between persons of different sexes; 24 (b) financial matters relating to de facto partners arising out of the 25 breakdown (other than by reason of death) of de facto 26 relationships between persons of the same sex. 27 (2) The operation of each paragraph of subsection (1) is not affected by 28 the other paragraph. 29 5 Termination of references 30 (1) The Governor may, at any time, by proclamation published in the 31 gazette, fix a day as the day on which the references under this Act are to 32 terminate. 33

 


 

s5 6 s5 Commonwealth Powers (De Facto Relationships) Bill 2003 (2) The day fixed under subsection (1) must be no earlier than the first 1 day after the end of the period of 3 months beginning with the day on 2 which the proclamation is published in the gazette. 3 (3) The Governor may, by proclamation, revoke a proclamation 4 published under subsection (1), in which case the revoked proclamation is 5 taken, for the purposes of section 4, never to have been published. 6 (4) A revoking proclamation has effect only if published before the day 7 fixed under subsection (1). 8 (5) The revocation of a proclamation published under subsection (1) 9 does not prevent publication of a further proclamation under that 10 subsection. 11 (6) A proclamation made under this section is subordinate legislation. 12 13 State of Queensland 2003

 


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