Commonwealth Powers (De Facto Relationships) Act 2003 (Qld)

Commonwealth Powers (De Facto Relationships) Act 2003

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

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 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.

2 Commencement (1) This Act commences on a day to be fixed by proclamation. (2) The Acts Interpretation Act 1954, section 15DA does not apply to this Act.

3 Definitions (1) In this Act— 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. financial matters, in relation to de facto partners, means any or all of the following matters— (a) the maintenance of de facto partners; (b) the distribution of the property of de facto partners; (c) the distribution of any other financial resources of de facto partners, including prospective superannuation entitlements or other valuable benefits of or relating to de facto partners. property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description and wherever situated, including money or choses in action. (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 another de facto relationship. (3) A reference in this Act— (a) to the property or other financial resources of de facto partners includes a reference to the property or other financial resources of either or both of them; and (b) to the distribution of any property or resources mentioned in paragraph (a) includes a reference to the conferral of rights or obligations in relation to the property or resources. (4) This Act extends to de facto relationships that ended before the commencement of this Act.