Statutes Amendment (De Facto Relationships) Act 2011 (SA)

South Australia

Statutes Amendment (De Facto Relationships) Act 2011

An Act to amend the Criminal Assets Confiscation Act 2005, the Family Relationships Act 1975 and the Stamp Duties Act 1923.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Statutes Amendment (De Facto Relationships) Act 2011.

2Commencement

1. (1)

   Subject to subsection (2), this Act will come into operation on the day on which it is assented to by the Governor.

2. (2)

   Part 4 will be taken to have come into operation on 1 July 2010.

3Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2Amendment of Criminal Assets Confiscation Act 2005

4Amendment of section 7 – Meaning of proceeds and instrument of an offence

1. (1)

   Section 7(2)(c)(i)—after "marriage" insert:

   or de facto relationship,

2. (2)

   Section 7(2)(c)(ii)—after "financial agreement" insert:

   or Part VIIIAB financial agreement

Part 3Amendment of Family Relationships Act 1975

5Amendment of section 11B – Declaration as to domestic partners

Section 11B(3)—after paragraph (f) insert:

1. (fa)

   any Part VIIIAB financial agreement made under the Family Law Act 1975 of the Commonwealth;

Part 4Amendment of Stamp Duties Act 1923

6Amendment of section 71CA – Exemption from duty in respect of Family Law instruments

1. (1)

   Section 71CA(1)—before the definition of Family Law agreement insert:

   de facto relationship has the same meaning as in the Family Law Act 1975 of the Commonwealth;

2. (2)

   Section 71CA(1), definition of Family Law order—after "VIIIA" insert:

   , VIIIAB

3. (3)

   Section 71CA(1), definition of financial agreement—delete the definition and substitute:

   financial agreement means a financial agreement made under Part VIIIA or VIIIAB of the Family Law Act 1975 of the Commonwealth (or taken to have been made under Part VIIIAB of that Act) that, under that Act, is binding on the parties to the agreement;

4. (4)

   Section 71CA(2)(b)(iii)—delete subparagraph (iii) and substitute:

   1. (iii)

      the agreement or order relates to—

      1. (A)

         a marriage that has been dissolved or annulled; or

      2. (B)

         a marriage or de facto relationship that the Commissioner is satisfied has broken down irretrievably; and

5. (5)

   Section 71CA(2)(b)(iv)(A) and (B)—after "(or former marriage)" wherever occurring insert:

   or former de facto relationship

6. (6)

   Section 71CA(2)(b)(v)—after "married to" insert:

   , or in a de facto relationship with,

7. (7)

   Section 71CA(3)—delete subsection (3) and substitute:

   1. (3)

      If an instrument was not exempt from stamp duty under this section by reason only that—

      1. (a)

         in the case of an instrument relating to a marriage—

         1. (i)

            the marriage of the 2 persons had not been dissolved or annulled; and

         2. (ii)

            the Commissioner was not satisfied that the marriage of the 2 persons had broken down irretrievably; or

      2. (b)

         in the case of an instrument relating to a de facto relationship—the Commissioner was not satisfied that the relationship of the 2 persons had broken down irretrievably,

   a party to the marriage or de facto relationship who paid stamp duty on the instrument is entitled to a refund of the duty—

   1. (c)

      if the marriage is subsequently dissolved or annulled; or

   2. (d)

      if the Commissioner is subsequently satisfied that the marriage or de facto relationship has broken down irretrievably.