Commonwealth Powers (De Facto Relationships) Act 2004

Victorian Legislation and Parliamentary Documents i Commonwealth Powers (De Facto Relationships) Act 2004 Act No. 84/2004 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 2 3. Definitions 2 4. References 3 5. Termination of references 4 ═══════════════ ENDNOTES 5 -- 1 of 6 -- Victorian Legislation and Parliamentary Documents 1 Commonwealth Powers (De Facto Relationships) Act 2004† [Assented to 23 November 2004] The Parliament of Victoria enacts as follows: 1. Purpose 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. Victoria No. 84 of 2004 -- 2 of 6 -- Victorian Legislation and Parliamentary Documents Act No. 84/2004 Commonwealth Powers (De Facto Relationships) Act 2004 2 2. Commencement This Act comes into operation on a day to be proclaimed. 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 two 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. s. 2 -- 3 of 6 -- Victorian Legislation and Parliamentary Documents Act No. 84/2004 Commonwealth Powers (De Facto Relationships) Act 2004 3 (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 such property or resources 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. 4. References (1) The following matters, to the extent to which they are not otherwise included in the legislative powers of the Parliament of the Commonwealth, are referred to the Parliament of the Commonwealth for a period commencing on the day on which this Act commences and ending on the day fixed, pursuant to section 5, as the day on which the references under this Act are to terminate, but no longer— (a) financial matters relating to de facto partners arising out of the breakdown (other than by reason of death) of de facto relationships between persons of different sexes; (b) financial matters relating to de facto partners arising out of the breakdown (other than by reason of death) of de facto relationships between persons of the same sex. (2) The operation of each paragraph of sub-section (1) is not affected by the other paragraph. s. 4 -- 4 of 6 -- Victorian Legislation and Parliamentary Documents Act No. 84/2004 Commonwealth Powers (De Facto Relationships) Act 2004 4 5. Termination of references (1) The Governor in Council may, at any time, by proclamation published in the Government Gazette, fix a day as the day on which the references under this Act are to terminate. (2) The day fixed under sub-section (1) must be no earlier than the first day after the end of the period of 3 months beginning with the day on which the proclamation is published under that sub-section. (3) The Governor in Council may, by proclamation published in the Government Gazette, revoke a proclamation published under sub-section (1), in which case the revoked proclamation is taken (for the purposes of section 4) never to have been published. (4) A revoking proclamation has effect only if published before the day fixed under sub- section (1). (5) The revocation of a proclamation published under sub-section (1) does not prevent publication of a further proclamation under that sub-section. ═══════════════ s. 5 -- 5 of 6 -- Victorian Legislation and Parliamentary Documents Act No. 84/2004 Commonwealth Powers (De Facto Relationships) Act 2004 5 ENDNOTES † Minister's second reading speech— Legislative Assembly: 14 October 2004 Legislative Council: 11 November 2004 The long title for the Bill for this Act was "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 and for other purposes." Endnotes -- 6 of 6 --