Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 (115 of 2008)

Schedule 1   Amendments relating to de facto financial matters

Part 2   Transitional provisions

Division 5   Application of new Act to transitioning agreements

93   Application of new Act to agreements covered by this Part

(1) For the purposes of the application of the new Act to an agreement covered by item 87, 88, 91 or 92:

(a) section 90UA of the new Act has effect subject to this Part; and

(b) section 90UG of the new Act has effect as if the reference in that section to paragraph 90UE(2)(b) of the new Act included a reference to paragraph (3)(c) of that item; and

(c) section 90UH of the new Act is taken not to have been enacted; and

(d) section 90UJ of the new Act has effect as if the references in that section to section 90UE of the new Act included references to that item; and

(e) subparagraph 90UM(1)(c)(ii) of the new Act has effect as if:

(i) the reference in that subparagraph to an order under section 90SM of the new Act included a reference to an order (however described) under a corresponding provision (if any) of the preserved law; and

(ii) the reference in that subparagraph to a declaration under section 90SL of the new Act included a reference to a declaration (however described) under a corresponding provision (if any) of the preserved law; and

(f) the reference in paragraph 90UM(1)(k) of the new Act to section 90UE of the new Act included a reference to that item; and

(g) the reference in subsection 90UM(5) of the new Act to section 90UE of the new Act included a reference to that item; and

(h) subsection 90WA(1) of the new Act does not apply to a liability to pay duty or charge (if any) in relation to the agreement if the liability arises before:

(i) if the item is item 87 or 88 - commencement; or

(ii) if the item is item 91 or 92 - the transition time.

(2) Despite any State or Territory law, a failure to discharge a liability covered by paragraph (h) of subitem (1) in relation to the agreement has no effect for the purposes of the new Act. In particular, the failure does not affect whether the agreement may be presented in evidence in a court for the purposes of the new Act.