Section 90YB — Family Law Act 1975 (Cth)

(1) This Part applies if:

(a) the Parliament of Western Australia has referred to the Parliament of the Commonwealth superannuation matters relating to de facto partners arising out of the breakdown of de facto relationships; and

(b) the referral of the superannuation matters is made:

(i) for the purposes of paragraph 51(xxxvii) of the Constitution; and

(ii) to the extent that the superannuation matters are not otherwise included in the legislative powers of the Parliament of the Commonwealth (otherwise than by a reference under paragraph 51(xxxvii) of the Constitution).

This subsection has effect subject to subsection (4).

(2) For the purposes of subsection (1), superannuation matters, in relation to de facto partners, means the distribution of superannuation benefits or prospective superannuation entitlements of or relating to de facto partners.

(3) This Part applies even if a law of Western Australia provides that a reference to the Commonwealth Parliament described in subsection (1) is to terminate in particular circumstances.

(4) This Part ceases to apply if Western Australia’s reference to the Commonwealth Parliament described in subsection (1) terminates.

Related sections

• s 90XZH — Terminating employment because of payment flag etc.
• s 90XZJ — Requests for Commissioner of Taxation to provide superannuation information
• s 90YA — Object of this Part
• s 90YC — This Part overrides other laws, trust deeds etc.
• s 90YD — Definitions
• s 90YE — Meaning of child of a de facto relationship

Research how courts apply s 90YB

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