Commonwealth Numbered Acts

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FAMILY LAW AMENDMENT ACT 1987 No. 181 of 1987 - SECT 39

Matters to be taken into consideration in relation to spousal maintenance
39. Section 75 of the Principal Act is amended:

   (a)  by omitting paragraph (2) (d) and substituting the following
        paragraph:

"(d) commitments of each of the parties that are necessary to enable the party
to support:

        (i)    himself or herself; and

        (ii)   a child or another person that the party has a duty to
               maintain;";

   (b)  by inserting at the beginning of paragraph (2) (f) "subject to
        subsection (3),"; and

   (c)  by adding at the end the following subsection:

"(3) In exercising its jurisdiction under section 74, a court shall disregard
any entitlement of the party whose maintenance is under consideration to an
income tested pension, allowance or benefit.". 


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