Commonwealth Powers (De Facto Relationships) Act 2006 (WA)

Western Australia Commonwealth Powers (De Facto Relationships) Act 2006 Western Australia Commonwealth Powers (De Facto Relationships) Act 2006 Contents 1. Short title and purpose 2 2. Commencement 2 3. Definitions 2 4. References 3 5. Termination of references 3 Notes Compilation table 5 Defined terms Western Australia Commonwealth Powers (De Facto Relationships) Act 2006 An Act to refer certain superannuation 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. The Parliament of Western Australia enacts as follows:

1. Short title and purpose (1) This is the Commonwealth Powers (De Facto Relationships) Act 2006. (2) The purpose of this Act is to refer certain superannuation 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, with a view to the Family Court of Western Australia being invested with jurisdiction to deal with those matters under section 77(iii) of the Constitution of the Commonwealth.

2. Commencement This Act comes into operation on a day fixed by proclamation.

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; superannuation matters, in relation to de facto partners, means the distribution of superannuation benefits or prospective superannuation entitlements of or relating to de facto partners. (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 superannuation benefits or prospective superannuation entitlements of de facto partners includes a reference to the superannuation entitlements of either or both of them; and (b) to the distribution of any such superannuation benefits or prospective superannuation entitlements includes a reference to the conferral of rights or obligations in relation to the superannuation benefits or prospective superannuation entitlements. (4) This Act extends to de facto relationships that ended before the commencement of this Act.