Commonwealth Consolidated Acts

FAMILY LAW ACT 1975 - SECT 90YB

  (1)   This Part applies if:

  (a)   the Parliament of Western Australia has referred to the Parliament of the Commonwealth superannuation matters relating to de facto partners arising out of the breakdown of de facto relationships; and

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

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

  (ii)   to the extent that the superannuation 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   (4).

  (2)   For the purposes of subsection   (1), 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.

  (3)   This Part applies even if a law of Western Australia provides that a reference to the Commonwealth Parliament described in subsection   (1) is to terminate in particular circumstances.

  (4)   This Part   ceases to apply if Western Australia's reference to the Commonwealth Parliament described in subsection   (1) terminates.