Commonwealth Numbered Acts

FAMILY LAW AMENDMENT ACT 1991 No. 37 of 1991 - SECT 13

13. After section 70E of the Principal Act the following section is inserted
in Division 14 of Part VII: Certain instruments not liable to duty

"70F. (1) The following agreements, deeds and other instruments are not
subject to any duty or charge under any law of a State or Territory or any law
of the Commonwealth that applies only in relation to a Territory:

   (a)  a deed or other instrument executed by a person under, or for the
        purposes of, an order made under this Part;

   (b)  an eligible child agreement that confers a benefit in relation to a
        child, to the extent to which the agreement confers the benefit;

   (c)  a deed or other instrument:

   (i)  that is executed by a person under, or for the purposes of, an
        eligible child agreement; and

   (ii) that confers a benefit in relation to a child;
to the extent to which it confers the benefit.

"(2) A child agreement is an eligible child agreement for the purposes of this
section if:

   (a)  it has been registered under section 66ZC; and

   (b)  it is not a maintenance agreement or, if it is a maintenance
        agreement, it relates to a child who is not a child of the relevant
        marriage; and

   (c)  it is a child agreement of either of the following kinds:

   (i)  a child agreement made in connection with the breakdown of the de
        facto relationship to which the agreement relates;

   (ii) a child agreement (other than a child agreement falling within
        subparagraph (i)) that relates to a child whose parents were not:

                (A)  married to each other; or

                (B)  living with each other in a de facto relationship; at the
                     time the child was conceived.

"(3) For the purposes of this section, a child agreement, deed or other
instrument that confers an entitlement to property in relation to a child may
be taken to confer a benefit in relation to the child even though the
agreement, deed or other instrument also deprives the child or another person
of an entitlement to other property (being property of an equal or greater
value) in relation to the child.

"(4) In this section, a reference to the de facto relationship to which a
child agreement relates is a reference to the de facto relationship the
parties to which are parties to the agreement.".