Alex Hawke (Mitchell, Liberal Party, Minister for International Development and the Pacific) Share this | Hansard source

I present a supplementary explanatory memorandum to the bill.

by leave—I move government amendments (1) and (2) as circulated together:

(1) Schedule 1, page 3 (after line 4), before item 1, insert:

1A Subparagraph 10L(2 ) ( b ) ( i)

After "Part VIIIB proceedings", insert ", proceedings for an order under Part VIIIC".

(2) Schedule 4, item 3, page 86 (line 5) to page 88 (line 6), omit the item, substitute:

3 Payment splitting or flagging by court order

(1) Subject to subitems (2) to (5), section 90YX of the new Family Law Act applies in relation to all de facto relationships, including those that ended before the commencement of that section (the startup time).

Previous orders

(2) Subject to subitem (3), section 90YX of the new Family Law Act does not apply in relation to a de facto relationship if an order (the previous order), other than an interim order,under section 90SM of the Family Law Act 1975 or section 205ZG of the Family Court Act 1997 (WA) was in force in relation to the relationship at the startup time.

(3) If the previous order is set aside after the startup time under section 90SN of the Family Law Act 1975 or section 205ZH of the Family Court Act 1997 (WA), section 90YX of the new Family Law Act applies in relation to the de facto relationship after the order is set aside.

Previous financial agreements

(4) Subject to subitem (5), section 90YX of the new Family Law Act does not apply in relation to a de facto relationship if a financial agreement (the previous agreement) within the meaning of Part 5A of the Family Court Act 1997 (WA) was in force in relation to the relationship at the startup time.

(5) If the previous agreement is terminated or set aside after the startup time under section 205ZU or 205ZV of the Family Court Act 1997 (WA), section 90YX of the new Family Law Act applies in relation to the de facto relationship after the agreement is terminated or set aside.

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