De Facto Relationship Act 1999
An Act to make provision with respect to de facto relationships
[Royal Assent 15 December 1999]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART 1 - Preliminary
This Act may be cited as the De Facto Relationship Act 1999 .
This Act commences on a day to be proclaimed.
In this Act –child of de facto partners means a child –(a) of which the partners are the natural parents; or(b) of the female partner whose male partner is treated as the father of the child under section 10C of the Status of Children Act 1974 ; or(c) adopted by the partners;cohabitation agreement means an agreement or a variation of an agreement between a man and a woman, whether or not there are other parties to the agreement –(a) that is made before, on or after the commencement of this Act –(i) in contemplation of their entering into a de facto relationship; or(ii) during the existence of their de facto relationship; and(b) that provides for financial matters, whether or not it provides for other matters;court means –(a) the Supreme Court; and(b) the Magistrates Court;de facto partner means a person who lives or has lived in a de facto relationship;de facto relationship means the relationship between a man and a woman who, although not legally married to each other, live together on a genuine domestic basis as husband and wife;disposition includes a sale or gift;financial matters means matters relating to any one or more of the following:(a) the maintenance of either or both of the de facto partners;(b) the income or property of either or both of those partners;(c) the financial resources of either or both of those partners;financial resources includes –(a) a prospective claim or entitlement in respect of a scheme, fund or arrangement under which superannuation, retirement or similar benefits are provided; and(b) property that under the provisions of a discretionary trust may become vested in or used or applied in or towards the purposes, or for the benefit, of either or both de facto partners or of any third party at their direction; and(c) property, the alienation or disposition of which is wholly or partly under the control of either or both de facto partners and which is lawfully capable of being used or applied by or on behalf of either or both de facto partners in or towards their purposes or for their benefit or that of any third party at their direction; and(d) an indexed pension; and(e) any other valuable benefit;Magistrates Court means the Magistrates Court (Civil Division) established under the Magistrates Court (Civil Division) Act 1992 ;order means an order under Part 3 ;periodic maintenance means maintenance paid or payable as a weekly, fortnightly, monthly, yearly or other periodic sum;property includes –(a) real and personal property; and(b) any estate or interest (whether a present, future or contingent estate or interest) in real or personal property; and(c) money and any debt; and(d) any cause of action for damages; and(e) any other chose in action; and(f) any right with respect to property;separation agreement means an agreement or a variation of an agreement between de facto partners, whether or not there are other parties to the agreement, and an agreement which varies a cohabitation agreement –(a) that is made before, on or after the commencement of this Act –(i) in contemplation of the termination of the de facto relationship; or(ii) after the termination of the de facto relationship; and(b) that provides for financial matters, whether or not it provides for other matters.
This Act does not apply to –(a) a de facto relationship that ceased before the commencement of this Act; or(b) a person who was a de facto partner in a de facto relationship that ceased before the commencement of this Act in relation to matters arising out of that relationship.
5. Other remedy and relief not excluded
This Act does not exclude any other form of remedy or relief under any other Act or law.
6. Declaration of interests in property
(1) In proceedings between de facto partners relating to existing title or rights in property, a court may declare any title or rights that a de facto partner has in respect of the property.(2) In making a declaration under subsection (1) , the court may make any order to give effect to the declaration.(3) An order under this section is binding on –(a) the de facto partners; and(b) any other person who was given –(i) notice of the proceedings; and(ii) the opportunity of being heard.
PART 2 - Jurisdiction
7. Limit of jurisdiction of Magistrates Court
Subject to section 9 , the Magistrates Court does not have jurisdiction under this Act to declare a title or right or adjust an interest in property of a value exceeding the amount prescribed under section 7 of the Magistrates Court (Civil Division) Act 1992 .
8. Stay and transfer of proceedings
(1) If proceedings instituted under this Act by or in relation to a person are pending in a court and it appears to the court that other proceedings under this Act instituted by or in relation to the same person are pending in another court, the court may –(a) stay the proceedings pending before it for any period it considers fit; or(b) dismiss the proceedings.(2) If proceedings instituted under this Act are pending in a court and it appears to the court that it is in the interests of justice that the proceedings be dealt with in another court, the court may transfer the proceedings to the other court.
9. Transfer of proceedings from Magistrates Court
(1) The Magistrates Court is to transfer any proceedings relating to an interest in property of a value exceeding the amount prescribed under section 7 of the Magistrates Court (Civil Division) Act 1992 to the Supreme Court, unless the parties agree to the Magistrates Court hearing and determining the proceedings.(2) If proceedings referred to in subsection (1) are before it, the Magistrates Court may transfer the proceedings of its own motion, notwithstanding that the parties are willing for the Magistrates Court to hear and determine the proceedings.(3) Before transferring proceedings, the Magistrates Court may make any orders it considers necessary pending the disposal of the proceedings by the Supreme Court.(4) If proceedings are transferred to the Supreme Court, the Supreme Court is to proceed as if the proceedings had been originally instituted in that Court.(5) Failure by the Magistrates Court to comply with this section does not invalidate any order of that Court in the proceedings.
10. Transfer of proceedings from Supreme Court
(1) The Supreme Court may transfer any proceedings under this Act relating to an interest in property to the Magistrates Court if –(a) the value of that interest is less than or equal to the amount prescribed under section 7 of the Magistrates Court (Civil Division) Act 1992 ; or(b) the value of that interest is in excess of that prescribed amount and the parties agree to the Magistrates Court hearing and determining the proceedings.(2) The Supreme Court may transfer any proceedings under this Act relating to maintenance.
Courts are to severally act in aid of, and be auxiliary to, each other in all matters under this Act.
PART 3 - Proceedings for financial adjustment and maintenance
Division 1 - Preliminary
12. Application for adjustment or maintenance
(1) A de facto partner may apply to a court for an order for the adjustment of interests with respect to the property of either or both of the de facto partners or for the granting of maintenance, or both.(2) The application may be made whether or not any other application for any remedy or relief is or may be made under this Act or any other Act or law.
13. Prerequisites for making of order
(1) Subject to subsection (2) , a court is not to make an order unless satisfied that the parties to the application have lived together in a de facto relationship for a continuous period of not less than 2 years.(2) A court may make an order if satisfied that –(a) there is a child of the parties to the application; or(b) the applicant –and the failure to make the order would result in serious injustice to the applicant.(i) has made substantial contributions of the kind referred to in section 16(1) for which the applicant would otherwise not be adequately compensated if the order were not made; or(ii) has the care and control of a child of the respondent –
14. Time limit for making applications
(1) If de facto partners have ceased to live together in a de facto relationship, an application to a court for an order is to be made before the expiration of the period of 2 years after the day on which they ceased or last ceased to so live together.(2) A court, at any time before or after the expiration of the period referred to in subsection (1) , may grant leave to a de facto partner to apply to the court for an order if greater hardship would be caused to the applicant if that leave were not granted than would be caused to the respondent if that leave were granted.
15. Order to end financial relationships
In proceedings for an order, a court, so far as is practicable, is to make an order that –(a) finally determines the financial relationship between the de facto partners; and(b) avoids further proceedings between them.
Division 2 - Adjustment of interest in property
(1) On an application by a de facto partner for an order to adjust interests relating to the property of either or both the de facto partners, a court may make any order it considers just and equitable having regard to –(a) the financial and non-financial contributions made directly or indirectly by or on behalf of either or both of the de facto partners to the acquisition, conservation or improvement of any of the property; and(b) the financial resources of either or both of the partners; and(c) the contributions, including any contributions made in the capacity of homemaker or parent, made by a de facto partner to the welfare of the other de facto partner or to the welfare of the family constituted by the partners and one or more of –(i) a child of the partners; or(ii) a child accepted by either or both the partners into the household of the partners, whether or not the child is a child of either of the partners; and(d) the nature and duration of the relationship; and(e) any relevant matter mentioned in section 23 .(2) A court may make an order in respect of property whether or not it has declared the title or rights of a de facto partner in respect of the property.
17. Adjournment because of significant change in circumstances
(1) Without limiting the power of a court to grant an adjournment in relation to any proceedings before it, if, on an application by a de facto partner for an order, the court is of the opinion that –the court, if requested by either partner, may adjourn the application for a specified period.(a) there is likely to be a significant change in the financial circumstances of either or both of the partners and that, having regard to when that change is likely to take place, it is reasonable to adjourn the proceedings; and(b) an order that the court could make with respect to the property of either or both of the partners if that significant change occurs is more likely to do justice between the partners than an order that the court could make immediately with respect to the property of either or both of the partners –(2) Before adjourning an application under subsection (1) , the court may make any order it considers appropriate with respect to the property of either or both of the de facto partners.(3) A court, in forming an opinion for the purposes of subsection (1) , may have regard to –(a) any change in the financial circumstances of a partner that may occur because of the vesting in either or both of the partners, or the use or application in or towards the purposes of either or both of the partners, of a financial resource of either or both of the partners; and(b) any other circumstances the court considers appropriate.
18. Adjournment because of proceedings in Family Court
(1) Without limiting the power of a court to grant an adjournment in relation to any proceedings before it, if, before the court has made a final order to adjust interests with respect to the property of either or both de facto partners, proceedings in relation to the property are commenced in the Family Court of Australia, the court may adjourn the hearing of the application for the order.(2) If the hearing of an application for an order is adjourned under subsection (1) , either de facto partner may apply to the court for the hearing of the application to proceed.
If a court is of the opinion that a de facto partner in respect of the property of whom an order is made under section 16 is likely to become entitled to property that may be applied in satisfaction of the order, the court may defer the operation of the order until the date or the occurrence of an event specified in the order.
(1) If, before an application under section 16 is determined, either party to the application dies, the application may be continued by or against the legal personal representative of the deceased party.(2) A court may make an order in respect of property if of the opinion that –(a) it would have adjusted interests in respect of property if the deceased party had not died; and(b) notwithstanding the death of the deceased party, it is still appropriate to adjust those interests.(3) An order may be enforced on behalf of, or against, the estate of the deceased party.
If a party to a proceeding for an order under section 16 dies after the order is made in favour of, or against, that party, the order may be enforced on behalf of, or against, the estate of the deceased party.
Division 3 - Maintenance
Subject to this Division –(a) a de facto partner is not liable to maintain the other de facto partner; and(b) a de facto partner is not entitled to claim maintenance from the other de facto partner.
(1) On an application by a de facto partner for an order for maintenance, a court may make the order if satisfied that the applicant is unable to support himself or herself adequately because –(a) the partner's earning capacity has been adversely affected by the circumstances of the de facto relationship; or(b) of any other reason arising in whole or in part from circumstances of the de facto relationship.(2) In determining whether to make the order and in fixing any amount to be paid under the order, a court is to have regard to the following:(a) the income, property and financial resources of each de facto partner (including the rate of any pension, allowance or benefit paid, payable or entitled to be paid to either partner) and the physical and mental capacity of each partner for appropriate gainful employment;(b) the financial needs and obligations of each de facto partner;(c) the responsibilities of either de facto partner to support any other person;(d) the terms of any order made or proposed to be made under section 16 ;(e) any payments provided for the maintenance of a child in the care and control of either de facto partner;(f) whether either de facto partner has the care and control of a child of the de facto partner who is under 18;(g) the age and state of health of each de facto partner;(h) the standard of living that is reasonable for each de facto partner in all the circumstances;(i) the extent to which the payment of maintenance to the de facto partner whose maintenance is under consideration would increase the earning capacity of the partner by enabling the partner –(i) to undertake a course of education or training; or(ii) to establish a business; or(iii) otherwise to obtain adequate income;(j) the extent to which the de facto partner whose maintenance is under consideration has contributed to the income, earning capacity, property and financial resources of the other partner;(k) the length of the de facto relationship;(l) the extent to which the de facto relationship has affected the earning capacity of the de facto partner whose maintenance is under consideration;(m) any other fact or circumstances the court considers relevant.(3) In making an order for maintenance, a court is to disregard any entitlement of the person whose maintenance is under consideration to an income-tested pension, allowance or benefit.(4) If, before an application is determined, either party to the application dies, the application abates.
If, on an application by a de facto partner for an order for maintenance, it appears to a court that the applicant is in immediate need of financial assistance but it is not practicable in the circumstances to determine immediately if any order should be made, the court may order the payment by the other partner, pending the disposal of the application, of any periodic sum or other sums the court considers reasonable.
25. Subsequent relationship or marriage
If de facto partners cease to live together in a de facto relationship, an application to a court for an order for maintenance may not be made by a de facto partner who, at the time at which the application is made –(a) is in a de facto relationship with another person; or(b) has married or remarried.
(1) An order for maintenance ceases to have effect –(a) on the death of the de facto partner in whose favour the order was made; or(b) on the death of the de facto partner against whom the order was made; or(c) on the marriage or remarriage of the de facto partner in whose favour the order was made to another person.(2) If a marriage or remarriage takes place, the de facto partner is to notify the de facto partner against whom the order was made of the date of the marriage or remarriage as soon as practicable.(3) Any money paid under an order for periodic maintenance in respect of a period occurring after the marriage or remarriage takes place may be recovered as a debt in a court of competent jurisdiction by the de facto partner who made the payment.(4) If a notification under subsection (2) is not provided or reasonable steps are not taken to provide the notification, interest is payable on any money recovered under subsection (3) with effect from the date of the marriage or remarriage.(5) The rate of interest payable is the rate applicable in the relevant court.
The provisions of this Division do not affect the recovery of any arrears due under an order for maintenance when the order ceases to have effect.
28. Variation of orders for periodic maintenance
(1) On an application by a de facto partner in respect of whom an order has been made for periodic maintenance, a court may –(a) subject to subsection (2) , discharge the order; or(b) suspend the operation of the order wholly or in part until –(i) a further order; or(ii) a fixed time; or(iii) the happening of a future event; or(c) revive wholly or in part the operation of an order suspended under paragraph (b) ; or(d) subject to subsection (2) , vary the terms of the order.(2) A court is not to make an order discharging or increasing or decreasing an amount payable under an order unless satisfied that it is justifiable to do so because, since the order was made or last varied –(a) the circumstances of the de facto partner in whose favour the order was made have changed; or(b) the circumstances of the de facto partner against whom the order was made have changed; or(c) the cost of living has changed.(3) In satisfying itself for the purposes of subsection (2)(c) , a court is to have regard to any changes occurring during the relevant period in –(a) the Consumer Price Index (All Groups Index) issued by the Australian Statistician; or(b) a group of prescribed numbers or prescribed amounts relating to the price of goods and services issued by the Australian Statistician, other than those set out in the Index referred to in paragraph (a) .(4) A court, in considering the variation of an order, is not to have regard to a change in the cost of living unless at least 12 months have elapsed since the order was made or last varied.(5) An order increasing or decreasing the amount of a periodic sum payable under an order may be expressed to be retrospective to any date the court thinks fit.(6) For the purposes of this section, a court is to have regard to the provisions of sections 22 and 23 .
29. Other maintenance orders not to be varied
Subject to section 33 , an order for maintenance, other than for periodic maintenance, is not to be varied.
Division 4 - General
(1) Without derogating from any other power of a court under this or any other Act or law, a court, in exercising its powers under this Part, may do any one or more of the following:(a) order the transfer of property;(b) order the sale of property and the distribution of the proceeds of sale in any proportions it thinks fit;(c) order that any necessary deed or instrument be executed and that any documents of title be produced or any other things be done as are necessary to enable an order to be carried out effectively or to provide security for the performance of an order;(d) order payment of a lump sum, whether in one amount or by instalments;(e) order payment of a weekly, fortnightly, monthly, yearly or other periodic sum;(f) order that payment of any sum ordered to be paid be wholly or partly secured in any manner the court directs;(g) appoint or remove trustees;(h) make an order or grant an injunction for either or both of the following:(i) for the protection of, or otherwise relating to, the property or financial resources of either or both of the parties to an application;(ii) to aid enforcement of any other order made in respect of an application;(i) impose terms and conditions;(j) make an order by consent;(k) make an order in the absence of a party;(l) make any other order or grant any other injunction (whether or not of the same nature as those mentioned in this subsection) that it thinks is necessary to do justice.(2) A court, in relation to an application, may make any order or grant any remedy or relief –(a) that it is empowered to make or grant under this or any other Act or law; and(b) under this Part in addition to or in conjunction with making any other order or granting any other remedy or relief that it is so empowered.
(1) If a person refuses or fails to comply with a direction in an order to execute a deed or instrument or a court thinks it necessary to exercise the powers conferred on it under this subsection, the court may appoint an officer of the court or other person to –(a) execute a deed or instrument in the name of the person to whom the direction was given; and(b) do anything necessary to give validity and operation to the deed or instrument.(2) The execution of the deed or instrument by the person appointed is as valid as if it were executed by the person directed by the order to execute it.(3) A court may make any order it thinks just relating to the payment of the costs and expenses of, and incidental to, the preparation of the deed or instrument and its execution.
(1) In the case of urgency and on application made to it, a court may make or grant the following:(a) an ex parte order under section 24 ;(b) an ex parte order or ex parte injunction for either or both of the purposes specified in section 30(1)(h) .(2) An application under this section is to be made –(a) orally or in writing; or(b) in any form the court considers appropriate.(3) If an application is not made in writing, the court is not to make an order or grant an injunction under subsection (1) unless, because of the extreme urgency of the case, it considers that it is necessary to do so.(4) The court may give any directions with respect to the filing of a written application, the service of the application and the further hearing of the application it thinks fit.(5) An order made or injunction granted under subsection (1) operates or applies until a specified time or the further order of the court as specified in the order.(6) If a court makes an order or grants an injunction under subsection (1) , it may give directions with respect to –(a) the service of the order or injunction and any other documents it thinks fit; and(b) the hearing of an application for a further order.
33. Variation and setting aside of orders
If, on the application of a person in respect of whom an order referred to in section 16 or 23 is made, a court is satisfied that –the court may vary or set aside the order and make another order in substitution for the order set aside.(a) there has been a miscarriage of justice because of fraud, duress, suppression of evidence, the giving of false evidence or any other circumstance; or(b) it is impracticable for the order or part of the order to be carried out; or(c) a person failed to carry out an obligation imposed on the person by the order –
34. Transactions to defeat claims
(1) If a court is satisfied that an existing or anticipated order in a proceeding under this Act is likely to be defeated by the making of a document or disposition by a party to the proceeding, the court may set aside or restrain the making of the document or disposition.(2) If a court is satisfied that an existing or anticipated order in a proceeding under this Act was defeated by the making of a document or disposition by a party to the proceeding, the court may order that –(a) any property dealt with by the document or disposition be applied towards, or charged with, payment of –(i) an amount payable under an order adjusting interests in the property of one or more of the parties to the proceeding; or(ii) costs; or(b) the proceeds of a sale be paid into court to satisfy its order.(3) A court may order a party or a person acting in collusion with a party to pay the costs of any other party or of a genuine purchaser or other interested person of and incidental to any document or disposition or the setting aside or restraining of the document or disposition.(4) For the purpose of this section –(a) something is made by a person if the thing is made by or on behalf of, or by direction or in the interests of, the person; and(b) it does not matter that the document or disposition is intended to defeat the order concerned.
35. Interests of other parties
In exercising its powers under this Part, a court is to –(a) have regard to the interests of a genuine purchaser or other person interested; and(b) make an order that is proper for the protection of such a purchaser or person.
PART 4 - Agreements
Notwithstanding any rule of public policy to the contrary, a man and a woman who are not married to each other may enter into a cohabitation agreement or separation agreement.
37. Agreements subject to law of contract
A cohabitation agreement or separation agreement is subject to, and enforceable in accordance with, the law of contract.
38. Effect of agreements in certain proceedings
(1) If, on an application by a de facto partner for an order, a court is satisfied that –the court is not to make an order that is inconsistent with the terms of the agreement.(a) there is a cohabitation agreement or separation agreement between the de facto partners; and(b) the agreement is in writing; and(c) the agreement is signed by the partner against whom it is sought to be enforced –(2) If, on an application by a de facto partner for an order, a court is satisfied that there is a cohabitation agreement or separation agreement between the de facto partners but is not satisfied as to any of the matters referred to in subsection (1)(b) or (c) , the court may –(a) make any order it could have made if there were no cohabitation agreement or separation agreement between the partners; and(b) have regard to the terms of the cohabitation agreement or separation agreement.(3) A court may make an order referred to in subsection (2) notwithstanding that the cohabitation agreement or separation agreement purports to exclude the jurisdiction of the court to make that order.
39. Variation of terms of cohabitation and separation agreements
(1) On an application by a de facto partner for an order, a court may vary or set aside any provision of a cohabitation agreement or a separation agreement that satisfies the matters referred to in section 38(1)(b) or (c) if, in the opinion of the court, the circumstances of the de facto partners have so changed since the agreement was entered into that it would lead to serious injustice if the provision were enforced, whether on the application for the order or on any other application for any remedy or relief under any other Act or law.(2) A court may vary or set aside any provision of a cohabitation agreement or separation agreement –(a) if of the opinion that the agreement was entered into under duress or by fraud; or(b) on any other ground that would allow a contract to be set aside.(3) A court may vary or set aside any provision of a cohabitation agreement or separation agreement notwithstanding any provision of the agreement to the contrary.
On an application by a de facto partner for an order, a court is not required to give effect to the terms of any cohabitation agreement or separation agreement entered into by that partner if the court is of the opinion that –(a) the de facto partners have, by their words or conduct, revoked or consented to the revocation of the agreement; or(b) the agreement has otherwise ceased to have effect.
41. Effect of death of de facto partner
(1) The provisions of a cohabitation agreement or separation agreement requiring a de facto partner to pay periodic maintenance to the other de facto partner are –(a) on the death of the first-mentioned de facto partner, unenforceable against his or her estate unless the agreement provides otherwise; and(b) on the death of the second-mentioned partner, unenforceable by his or her estate.(2) Subsection (1) does not affect the recovery of arrears of periodic maintenance due and payable under a cohabitation agreement or separation agreement at the date of death of the partner.(3) Unless a cohabitation agreement or separation agreement otherwise provides, the provisions of the agreement entered into by de facto partners relating to property and lump sum payments are, on the death of one of the partners, enforceable on behalf of, or against, the estate of the deceased partner.
PART 5 - Miscellaneous
42. Declaration of existence of de facto relationship
(1) A person who alleges that a de facto relationship exists or existed between the person and another person or between 2 persons may apply to the Supreme Court for a declaration as to the existence of a de facto relationship between the persons.(2) If it is proved to the satisfaction of the Supreme Court that a de facto relationship exists or existed, the Supreme Court may make a declaration that has effect as a judgment of the Court that persons named in the declaration have or had a de facto relationship, whether or not any of those persons are alive.(3) If the Supreme Court makes a declaration, it is to state in its declaration either or both of the following:(a) that the de facto relationship existed as at a date specified in the declaration;(b) that the de facto relationship existed between the dates specified in the declaration.(4) While a declaration remains in force, the persons named in the declaration are presumed conclusively for all purposes to have had a de facto relationship as at the date, or between the dates, specified in the declaration.(5) The Supreme Court may make an order annulling a declaration on the application of any person who applied or could have applied for the making of a declaration or who is affected by a declaration if it appears to the Supreme Court that new facts or circumstances have arisen that were not previously disclosed to it and could not by the exercise of reasonable diligence have previously been disclosed to it.(6) An order annulling a declaration does not affect anything done in reliance on the declaration before the making of the order.(7) If any person whose interest, in the opinion of the Supreme Court, may be affected by a declaration under subsection (2) or an order under subsection (5) is not present or represented and has not been given an opportunity to be present or represented at the hearing of the application, the Supreme Court may adjourn the hearing so that the person is given an opportunity to be present or represented.(8) The Supreme Court, in making an order under subsection (5) , may make any ancillary orders necessary to place as far as practicable any person affected by the order in the same position as that person would have been in if a declaration under subsection (2) had not been made.
43. Enforcement of orders for payment
(1) A prescribed order for the payment of money made by the Supreme Court is enforceable in the Magistrates Court as if it were a judgment of the Magistrates Court under the Magistrates Court (Civil Division) Act 1992 .(2) An order for the payment of money made by the Magistrates Court is enforceable in that court as if it were a judgment of that court under the Magistrates Court (Civil Division) Act 1992 .
A court may make any order for costs it considers appropriate.
45. Enforcement of other orders
(1) If a court is satisfied that a person has knowingly and without reasonable cause contravened or failed to comply with an order or injunction under this Act, other than an order for the payment of money, the court may –(a) order the person to deliver up to the court any documents the court thinks fit; and(b) make any other orders the court considers necessary to enforce compliance with the order or injunction.(2) This section does not affect the power of a court to punish a person for contempt of court.
For the purpose of this Act, rules of court may be made under the Supreme Court Civil Procedure Act 1932 and the Magistrates Court (Civil Division) Act 1992 .
(1) The Governor may make regulations for the purpose of this Act.(2) Regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.(3) The regulations may –(a) provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and(b) in respect of such an offence, provide for the imposition of a fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues.(4) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act.
Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –(a) the administration of this Act is assigned to the Minister for Justice and Industrial Relations; and(b) the department responsible to the Minister for Justice and Industrial Relations in relation to the administration of this Act is the Department of Justice and Industrial Relations.
(1) The Maintenance Act 1967 is repealed and any regulations made under that Act are rescinded.(2) An order under the Maintenance Act 1967 relating to maintenance of de facto partners in force immediately before the commencement of this Act continues as if it were an order for maintenance under this Act.(3) An order under the Maintenance Act 1967 relating to the maintenance of a married woman or a child in force immediately before the commencement of this Act continues as if that Act had not been repealed.
50. Stamp Duties Act 1931 amended
Schedule 3 to the Stamp Duties Act 1931 is amended as follows:(a) by inserting in item 39 in Part I immediately before the heading "FROM ALL DUTIES UNDER THE SECOND SCHEDULE" the following item:
An application made by de facto partners or either of them relating to a motor vehicle or trailer made for the purpose of, or in connection with, an order made under the De Facto Relationship Act 1999 .
(b) by inserting the following item after item 3 in Part III :4.(1) An instrument is exempt from duty to the extent that it makes provision for, or in respect to, the conveyance of property to de facto partners or either of them or to a child of de facto partners who has not attained the age of 18 years if the instrument –(a) is an order made under the De Facto Relationship Act 1999 ; or(b) is executed for the purpose of, or in accordance with, such an order.(2) In this item –child of de facto partners means a child –(a) of which the partners are the natural parents; or(b) of the female partner whose male partner is treated as the father of the child under section 10C of the Status of Children Act 1974 ; or(c) adopted by the partners;de facto partner means a person who lives or has lived in a de facto relationship;de facto relationship means the relationship between a man and a woman who, although not legally married to each other, live together on a genuine domestic basis as husband and wife.
[Second reading presentation speech made in:
House of Assembly on 26 OCTOBER 1999
Legislative Council on 25 NOVEMBER 1999]