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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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