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Family Law Amendment (Annuities) Bill 2004

2004

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

 

 

Family Law Amendment (Annuities) Bill 2004

 

No.      , 2004

 

(Attorney-General)

 

 

 

A Bill for an Act to amend the Family Law Act 1975 , and for related purposes

   

   



Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedule(s)......................................................................................... 2

4............ Application of annuity amendments.................................................... 2

Schedule 1—Amendments commencing on 17 December 2004                 4

Family Law Act 1975                                                                                                   4

Schedule 2—Amendments commencing on proclaimed date                       5

Family Law Act 1975                                                                                                   5

 



A Bill for an Act to amend the Family Law Act 1975 , and for related purposes

The Parliament of Australia enacts:

1   Short title

                   This Act may be cited as the Family Law Amendment (Annuities) Act 2004.

2   Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 4 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

 

2.  Schedule 1

Immediately after the commencement of Schedule 6 to the Family Law Amendment Act 2003 .

17 December 2004

3.  Schedule 2

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

 

Note:          This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

             (2)  Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3   Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

4   Application of annuity amendments

             (1)  Subject to this section, the annuity amendments apply to all marriages, including those that were dissolved before the startup time.

             (2)  Subject to subsections (3) and (4), the annuity amendments do not apply to a marriage if a section 79 order, or a section 87 agreement, is in force in relation to the marriage at the startup time.

             (3)  If a section 79 order that is in force at the startup time is later set aside under paragraph 79A(1)(a), (b), (c) or (d) of the Family Law Act, then the annuity amendments apply to the marriage from the time the order is set aside.

             (4)  If an approval of a section 87 agreement that is in force at the startup time is later revoked on a ground specified in paragraph 87(8)(a), (c) or (d) of the Family Law Act, then the annuity amendments apply to the marriage from the time the approval is revoked.

             (5)  The annuity amendments do not apply in relation to a financial agreement that was made before the startup time.

             (6)  In this section, unless the contrary intention appears:

annuity amendments means the amendments made by Schedule 2.

Family Law Act means the Family Law Act 1975 .

marriage includes a void marriage.

section 79 order means an order (other than an interim order) made under section 79 of the Family Law Act.

section 87 agreement means an agreement approved under section 87 of the Family Law Act.

startup time means the time when Schedule 2 commences.