Relationships Act 2003 (Tas)

Relationships Act 2003

An Act to make provision with respect to certain relationships [Royal Assent 17 September 2003]

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

1. Short title This Act may be cited as the Relationships Act 2003 .

2. Commencement This Act commences on a day to be proclaimed.

3. Interpretation In this Act – caring relationship – see section 5 ; child includes – (a) a child of which the partners are the natural parents; and (b) a child of a female whose male partner is treated as the father of the child under section 10C of the Status of Children Act 1974 ; and (c) a child adopted by the partners; and (d) a surrogate child of the partners; court means – (a) the Supreme Court; or (b) the Magistrates Court; disposition includes a sale or gift; family relationship – see section 7 ; financial matters means matters relating to any one or more of the following: (a) the maintenance of either or both of the partners; (b) the income or property of either or both of the partners; (c) the financial resources of either or both of the 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 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 partners and which is lawfully capable of being used or applied by or on behalf of either or both 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; legal practitioner means an Australian legal practitioner; Magistrates Court means the Magistrates Court (Civil Division) established under the Magistrates Court (Civil Division) Act 1992; marriage means a marriage under the Marriage Act 1961 of the Commonwealth; order means an order under Part 5 ; parent includes surrogate parent; partner means a person who is or has been in a personal relationship; periodic maintenance means maintenance paid or payable as a weekly, fortnightly, monthly, yearly or other periodic sum; personal relationship – see section 6 ; personal relationship agreement means an agreement or a variation of an agreement between two persons, 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 personal relationship; or (ii) during the existence of their personal relationship; and (b) that provides for financial matters, whether or not it provides for other matters; 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; Register means the Relationships Register maintained under section 19 ; Registrar means the Registrar of Births, Deaths and Marriages holding office under the Births, Deaths and Marriages Registration Act 1999 ; regulations means the regulations in force under this Act; separation agreement means an agreement or a variation of an agreement between partners, whether or not there are other parties to the agreement, and an agreement which varies a personal relationship agreement – (a) that is made before, on or after the commencement of this Act – (i) in contemplation of the termination of the personal relationship; or (ii) after the termination of the personal relationship; and (b) that provides for financial matters, whether or not it provides for other matters; significant relationship – see section 4 ; surrogate child, in relation to partners, means a child – (a) who is a child of the partners by virtue of the operation of section 26(1) of the Surrogacy Act 2012 , or a law, of another State or a Territory or a foreign country, that corresponds to that Act; and (b) who has not ceased to be a child of the partners under the Act or law; surrogate parent means a person – (a) who is a parent of a child by virtue of the operation of section 26(1) of the Surrogacy Act 2012 , or a law, of another State or a Territory or a foreign country, that corresponds to that Act; and (b) who has not ceased to be a parent of the child under that Act or law.