5Extension and application of Act in relation to maintenance of exnuptial children

#### 5 Extension and application of Act in relation to maintenance of exnuptial children Extension of Act to States (except Western Australia) (1) Subject to subsections (4) and (5), this Act in so far as it relates to the maintenance of exnuptial children extends to New South Wales, Victoria, Queensland, South Australia and Tasmania. Extension of Act to Western Australia (2) If: (a) the Parliament of Western Australia refers to the Parliament of the Commonwealth the matter of the maintenance of exnuptial children or matters that include that matter; or (b) Western Australia adopts this Act in so far as it relates to the maintenance of exnuptial children; then, subject to subsections (4), (5), (5A) and (5B), this Act in so far as it relates to the maintenance of exnuptial children also extends to Western Australia. Application of Act to Territories (3) This Act in so far as it relates to the maintenance of exnuptial children applies in and in relation to the Territories. Limitations on extension of Act to States (4) This Act extends to a State by virtue of subsection (1) or (2) only for so long as there is in force: (a) an Act of the Parliament of the State by which there is referred to the Parliament of the Commonwealth: (i) the matter of the maintenance of exnuptial children; or (ii) matters that include that matter; or (b) a law of the State adopting this Act in so far as it applies in relation to the maintenance of exnuptial children. > Note: See subsections (5A) and (5B) for the extension of this Act to Western Australia if the Act is amended in relation to the maintenance of exnuptial children. (5) This Act extends to a State at any time by virtue of subsection (1) or paragraph (2)(a) only in so far as it makes provision with respect to: (a) the matters that are at that time referred to the Parliament of the Commonwealth by the Parliament of the State; or (b) matters incidental to the execution of any power vested by the Constitution of the Parliament of the Commonwealth in relation to those matters. (5A) The Parliament of the Commonwealth intends that this Act, so far as it is amended by one or more other Acts in relation to the maintenance of exnuptial children, not extend to Western Australia, unless and until one of the following events occurs: (a) the Parliament of Western Australia refers to the Parliament of the Commonwealth the matter of the maintenance of exnuptial children or matters that include that matter; (b) Western Australia adopts this Act, as so amended. (5B) The Parliament of the Commonwealth also intends that, unless and until one of those events occurs, this Act continue to extend to Western Australia in relation to the maintenance of exnuptial children as if those amendments had not been made. > Note: If this Act is amended by one or more other Acts in relation to the maintenance of exnuptial children, unless and until one of the events mentioned in subsection (5A) occurs, there are effectively 2 versions of this Act that apply in Australia. This Act, as amended, applies: (a) in all States and Territories in relation to children of marriages; and (b) in all States and Territories, except Western Australia, in relation to exnuptial children. > Note: This Act continues to apply in Western Australia in relation to exnuptial children as if those amendments had not been made. (6) Nothing in this section affects the operation of the provisions of this Act to the extent that they give effect to an international maintenance arrangement.