Northern Territory act

De Facto Relationships (Northern Territory Request) Act 2003

In ForceNT

Jurisdiction

Northern Territory

Collection

act

Plain English Summary

3/10 complexity

This Act does not itself change private rights. Mechanically, it asks the Commonwealth Parliament to enact a law dealing with financial consequences of de facto relationship breakdowns — maintenance, division of property and other financial resources (including prospective superannuation) — for both different‑sex and same‑sex couples, and applies to relationships that ended before commencement. It matters because any future Commonwealth law enacted in response would determine who pays and how assets and entitlements are split for de facto partners in the Northern Territory.

JSON API

Deep dive

Want the full deep dive?

Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.

Current sections

Direct links to the current provisions in De Facto Relationships (Northern Territory Request) Act 2003.

De Facto Relationships (Northern Territory Request) Act 2003

NORTHERN TERRITORY OF AUSTRALIA DE FACTO RELATIONSHIPS (NORTHERN TERRITORY REQUEST) ACT 2003 As in force at 11 March 2009 Table of provisions 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 3 Interpretation ................................................................................... 1 4 Request for Commonwealth legislation ........................................... 2 ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 11 March 2009

DE FACTO RELATIONSHIPS (NORTHERN TERRITORY REQUEST) ACT 2003 An Act to request the Parliament of the Commonwealth to enact legislation in respect of certain financial matters arising out of the breakdown of de facto relationships 1 Short title This Act may be cited as the De Facto Relationships (Northern Territory Request) Act 2003. 2 Commencement This Act comes into operation on the date fixed by the Administrator by notice in the Gazette. 3 Interpretation (1) In this Act: de facto partner means a person who lives or has lived in a de facto relationship. de facto relationship means a marriage-like relationship (other than a legal marriage) between 2 persons. financial matters, in relation to de facto partners, means any or all of the following matters: (a) the maintenance of de facto partners; (b) the distribution of the property of de facto partners; (c) the distribution of any other financial resources of de facto partners, including prospective superannuation entitlements or other valuable benefits of or relating to de facto partners. property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description and wherever situated, including money and things in action.

De Facto Relationships (Northern Territory Request) Act 2003 2 (2) For this Act, a de facto relationship exists even if a de facto partner is legally married to someone else or is in another de facto relationship. (3) In this Act: (a) a reference to the property or other financial resources of de facto partners includes a reference to the property or other financial resources of either or both of them; and (b) a reference to the distribution of any such property or resources includes a reference to the conferral of rights or obligations in relation to the property or resources. (4) This Act extends to de facto relationships that ended before the commencement of this Act. 4 Request for Commonwealth legislation (1) The Legislative Assembly requests the Parliament of the Commonwealth to enact an Act in respect of: (a) financial matters relating to de facto partners arising out of the breakdown (other than by reason of death) of de facto relationships between persons of different sexes; and (b) financial matters relating to de facto partners arising out of the breakdown (other than by reason of death) of de facto relationships between persons of the same sex. (2) The operation of each paragraph of subsection (1) is not affected by the other paragraph.

ENDNOTES De Facto Relationships (Northern Territory Request) Act 2003 3 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION De Facto Relationships (Northern Territory Request) Act 2003 (Act No. 2, 2004) Assent date 7 January 2004 Commenced 11 March 2009 (Gaz G10, 11 March 2009, p 2)

Source text

Sourced from NT Legislation (legislation.nt.gov.au), CC BY 4.0.

1 De Facto Relationships (Northern Territory Request) Act 2003

NORTHERN TERRITORY OF AUSTRALIA

As in force at 11 March 2009