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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland Property Law and Another Act Amendment Bill 2008
Queensland Property Law and Another Act Amendment Bill 2008 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Part 2 Amendment of Property Law Act 1974 3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Insertion of new s 255A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 255A Relationship of this part with the Family Law Act in relation to particular financial matters . . . . . . . . . . . . 4 5 Amendment of s 257 (Application of pt 19) . . . . . . . . . . . . . . . . . 5 6 Amendment of s 259 (Definitions for pt 19) . . . . . . . . . . . . . . . . . 6 7 Amendment of s 285 (Not affected by other rights) . . . . . . . . . . . 6 8 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 6 Part 3 Amendment of Duties Act 2001 9 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10 Amendment of s 424 (Exemption--matrimonial and de facto relationship instruments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
2008 A Bill for An Act to amend the Property Law Act 1974 and the Duties Act 2001 for particular purposes
Property Law and Another Act Amendment Bill 2008 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Property Law and Another Act 4 Amendment Act 2008. 5 Clause 2 Commencement 6 This Act commences on a day to be fixed by proclamation. 7 Part 2 Amendment of Property Law 8 Act 1974 9 Clause 3 Act amended 10 This part amends the Property Law Act 1974. 11 Clause 4 Insertion of new s 255A 12 After section 255-- 13 insert-- 14 `255A Relationship of this part with the Family Law Act in 15 relation to particular financial matters 16 `(1) The State, by the Commonwealth Powers (De Facto 17 Relationships) Act 2003, referred the following matters (to the 18 extent that they are not otherwise included in the legislative 19 powers of the Parliament of the Commonwealth) to the 20 Parliament of the Commonwealth-- 21 Page 4
Property Law and Another Act Amendment Bill 2008 Part 2 Amendment of Property Law Act 1974 [s 5] (a) financial matters relating to de facto partners arising out 1 of the breakdown (other than by reason of death) of de 2 facto relationships between persons of different sexes; 3 (b) financial matters relating to de facto partners arising out 4 of the breakdown (other than by reason of death) of de 5 facto relationships between persons of the same sex. 6 `(2) Consequently, this part does not apply in relation to financial 7 matters relating to de facto partners arising out of the 8 breakdown of their de facto relationship if the Commonwealth 9 Act applies in relation to the matters. 10 Note-- 11 In most cases de facto partners seeking resolution of financial matters 12 arising out of the breakdown of their relationship should now proceed 13 under the Commonwealth Act. 14 `(3) However, this part continues to apply in relation to financial 15 matters relating to de facto partners if the Commonwealth Act 16 does not apply. 17 Examples-- 18 1 The Commonwealth Act, section 90SK provides that particular 19 requirements must be satisfied before a court may make a 20 declaration under section 90SL of that Act. If, in the particular 21 circumstances of a case, those requirements are not satisfied, this 22 part may apply. 23 2 This part applies to de facto relationships that break down after 21 24 December 1999 and before the commencement of the Family Law 25 Amendment (De Facto Financial Matters and Other Measures) Act 26 2008 (Cwlth) (the Commonwealth amending Act). However, 27 section 86A of the Commonwealth amending Act provides that de 28 facto partners whose relationship broke down before the 29 commencement of that amending Act may choose to agree to the 30 application of particular provisions of the Commonwealth Act to 31 the de facto relationship in particular circumstances.'. 32 Clause 5 Amendment of s 257 (Application of pt 19) 33 Section 257-- 34 insert-- 35 Page 5
Property Law and Another Act Amendment Bill 2008 Part 2 Amendment of Property Law Act 1974 [s 6] `(3) Despite subsection (1), this part does not apply in relation to a 1 de facto relationship to the extent the Commonwealth Act 2 applies in relation to the relationship. 3 `(4) Also if, in relation to a de facto relationship-- 4 (a) a de facto partner in the relationship makes an 5 application about a matter to a court having jurisdiction 6 under this part (the State proceeding); and 7 (b) the other de facto partner in the relationship makes an 8 application about the same matter or a related matter to 9 a court having jurisdiction under the Commonwealth 10 Act (the Commonwealth proceeding); and 11 (c) neither of the applications has been finally dealt with; 12 the court mentioned in paragraph (a) must stay the State 13 proceeding until the Commonwealth proceeding is finally 14 dealt with.'. 15 Clause 6 Amendment of s 259 (Definitions for pt 19) 16 Section 259-- 17 insert-- 18 `Commonwealth Act means the Family Law Act 1975 19 (Cwlth).'. 20 Clause 7 Amendment of s 285 (Not affected by other rights) 21 Section 285(2), definition law, after `Commonwealth'-- 22 insert-- 23 `, other than the Commonwealth Act,'. 24 Clause 8 Amendment of sch 6 (Dictionary) 25 Schedule 6-- 26 insert-- 27 `Commonwealth Act, for part 19, see section 259. 28 Page 6
Property Law and Another Act Amendment Bill 2008 Part 3 Amendment of Duties Act 2001 [s 9] Part 3 Amendment of Duties Act 2001 1 Clause 9 Act amended 2 This part amends the Duties Act 2001. 3 Clause 10 Amendment of s 424 (Exemption--matrimonial and 4 de facto relationship instruments) 5 Section 424, note-- 6 omit, insert-- 7 `Notes-- 8 1 Exemptions for duty for particular instruments and maintenance 9 agreements are provided in the Family Law Act 1975 (Cwlth), 10 section 90. 11 2 Exemptions for duty for particular instruments and agreements 12 relating to financial matters, in the event of a breakdown in a 13 marriage, are provided in the Family Law Act 1975 (Cwlth), section 14 90L. 15 3 Exemptions for duty for particular instruments and agreements 16 relating to financial matters, in the event of a breakdown of a 17 de facto relationship, are provided in the Family Law Act 1975 18 (Cwlth), section 90WA.'. 19 © State of Queensland 2008 Page 7
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