Commonwealth Consolidated Acts

FAMILY LAW ACT 1975 - SECT 90RA

Participating jurisdictions

  (1)   For the purposes of this Act, the following are the participating jurisdictions :

  (a)   each referring State;

  (b)   each Territory.

Referring States

  (2)   A State is a referring State if:

  (a)   the Parliament of the State has referred, or refers, to the Parliament of the Commonwealth financial matters relating to the parties to   de   facto   relationships arising out of the breakdown of those   de   facto   relationships; and

  (b)   the referral of the financial matters is made:

  (i)   for the purposes of paragraph   51(xxxvii) of the Constitution; and

  (ii)   to the extent that the financial matters are not otherwise included in the legislative powers of the Parliament of the Commonwealth (otherwise than by a reference under paragraph   51(xxxvii) of the Constitution).

This subsection has effect subject to subsection   (5).

  (3)   To avoid doubt, a State is not a referring State if its Parliament has referred, or refers, to the Parliament of the Commonwealth only a limited class of the matters referred to in paragraph   (2)(a).

Note:   Western Australia is not a referring State . Part   VIIIC applies if the Parliament of Western Australia has referred to the Parliament of the Commonwealth superannuation matters relating to de facto partners (see paragraphs 4(1)(a) and (b) of the Commonwealth Powers (De Facto Relationships) Act 2006 (WA)).

  (4)   A State is a referring State even if a law of the State provides that a reference to the Commonwealth Parliament described in subsection   (2) is to terminate in particular circumstances.

  (5)   A State ceases to be a referring State if the State's reference to the Commonwealth Parliament described in subsection   (2) terminates.