House of Representatives

Explanatory Memorandum

Circulated By Authority of the Attorney-General, the Honourable Robert Mcclelland MP

NOTES ON ITEMS

Terms used in this Explanatory Memorandum

1. The following terms are used in this Explanatory Memorandum:

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'Act' refers to the Family Law Act 1975

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'Amendment Act' refers to the Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008

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'Bill' refers to the Family Law Amendment (De Facto Financial Matters and Other Measures) Bill 2008, and

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'State reference Acts' refers to the Acts passed by State Parliaments that refer State powers to the Commonwealth in respect of financial matters arising on the breakdown of de facto relationships, for example, the Commonwealth Powers (De Facto Relationships) Act 2003 (NSW)

Clause 1 - Short title

2. Clause 1 provides for the Act to be cited as the Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 .

Clause 2 - Commencement

3. Clause 2 provides for the commencement of the Amendment Act, and contains a table which sets out when each of its provisions commences.

4. Item 1 of the table provides that the operative provisions of the Bill - clauses 1 to 3, which provide for the short title, the application of the schedules, and this commencement provision - commence on the day on which the Bill receives Royal Assent.

5. Items 2, 3 and 5 of the table provide that the amendments in Schedule 1 and the amendments in Schedule 2 (other than the amendment at item 33 of Schedule 2) commence on a day to be fixed by Proclamation. Item 7 of the table also provides that the amendment at item 1 of Schedule 4 commences on a day to be fixed by Proclamation. However, if any of those amendments do not commence within 6 months from the day on which the Bill receives Royal Assent, they will commence on the first day after this period. This allows up to 6 months for Proclamation, ensuring time for the public, practitioners and the courts to prepare for the changes. Schedule 1 contains the amendments to the Act and transitional provisions implementing the State references of power in relation to de facto financial matters. Schedule 2 contains amendments to other federal legislation consequential on implementation of the references. The amendment at item 1 of Schedule 4 deals with an additional circumstance in which a family dispute resolution practitioner may give a certificate to a person.

6. Item 4 of the table provides for the commencement of the amendment at item 33 of Schedule 2 to the Bill (containing an amendment to the First Home Saver Accounts Act 2008) to commence on the later of the commencement of the First Home Saver Accounts Act 2008 or the commencement of the provisions covered by item 2 of the table in clause 2.

7. Item 6 of the table provides that Schedule 3 of the Bill - providing for amendments relating to financial agreements about marriage - commences on the day on which the Bill receives Royal Assent.

8. Item 8 of the table provides for the commencement of the amendment at item 2 of Schedule 4 to the Bill, being a minor drafting correction to paragraph 330(4)(ba) of the Proceeds of Crime Act 2002 (the Proceeds Act), from the commencement of section 330 of the Proceeds Act on 1 January 2003, in accordance with drafting practice for rectifying technical errors of a statute law revision nature.

Clause 3 - Schedules

9. This clause provides that each Act that is specified in a Schedule to the Bill is amended or repealed as set out in the applicable items in the Schedule.