Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In addition to the effect Part VIIIAA has apart from this section, that Part also has effect in relation to:
(a) orders and injunctions under Division 2; and
(b) proceedings for orders or injunctions under Division 2;
with the modifications provided for in subsections (2) and (3).
(2) Part VIIIAA has effect in accordance with subsection (1) as if the following substitutions were made:
Substitutions to be made | ||
Item | For a reference in Part VIIIAA to ... | substitute a reference to ... |
1 | de facto relationship | |
2 | section 79 | section 90SM |
3 | section 114 | section 90SS |
4 | paragraph (ca) of the definition of matrimonial cause | paragraph (c) of the definition of de facto financial cause |
5 | orders or injunctions under section 114 | orders or injunctions under Division 2 of Part VIIIAB |
6 | proceedings under section 114 | proceedings under Division 2 of Part VIIIAB |
7 | an injunction under subsection 114(3) | an injunction covered by subsection 90SS(5) |
(3) Part VIIIAA has effect in accordance with subsection (1) as if:
(a) subsection 90AD(2) were replaced with the following:
"(2) For the purposes of section 90SS (to the extent that it provides for the granting of an injunction in relation to the property of a party to a de facto relationship), property includes a debt owed by a party to the de facto relationship."; and
(b) paragraph 90AF(3)(d) were omitted; and
(c) the following paragraph were inserted after paragraph 90AF(3)(e):
"(ea) for any other injunction--the court is satisfied that, in all the circumstances, it is necessary to grant the injunction to do justice; and"; and
(d) the following subsection were added at the end of section 90AF:
"(5) Subsections (1) and (2) do not limit subsection 90SS(1).".