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STATUTES AMENDMENT (DOMESTIC PARTNERS) ACT 2006 (NO 43 OF 2006) - SECT 74

74—Amendment of section 3—Interpretation

        (1)         Section 3, definition of "certificated agreement —delete the definition and substitute:

"certified domestic partnership agreement"—see subsection (2);

        (2)         Section 3, definition of "child", (a)—delete "de facto" and substitute:

domestic

        (3)         Section 3—after the definition of "child" insert:

"close personal relationship" means the relationship between 2 adult persons (whether or not related by family and irrespective of their gender) who live together as a couple on a genuine domestic basis, but does not include—

            (a)         the relationship between a legally married couple; or

            (b)         a relationship where 1 of the persons provides the other with domestic support or personal care (or both) for fee or reward, or on behalf of some other person or an organisation of whatever kind;

Note—

Two persons may live together as a couple on a genuine domestic basis whether or not a sexual relationship exists, or has ever existed, between them.

        (4)         Section 3, definitions of "de facto partner" and "de facto relationship —delete the definitions and substitute:

"domestic partner" means a person who lives in a close personal relationship and includes—

            (a)         a person who is about to enter a close personal relationship; and

            (b)         a person who has lived in a close personal relationship;

"domestic partnership agreement" means an agreement about—

            (a)         the division of property on the termination of a domestic partnership; or

            (b)         any other matter (financial or otherwise) related to a domestic partnership;

        (5)         Section 3—after its present contents as amended by this section (now to be designated as subsection (1)) insert:

        (2)         For the purposes of this Act, a domestic partnership agreement is a "certified domestic partnership agreement" if—

            (a)         the agreement contains a provision (the "warranty of asset disclosure ) under which each party to the agreement warrants that he or she has disclosed all relevant assets to the other; and

            (b)         —

                  (i)         the signature of each party to the agreement is attested by a lawyer's certificate; and

                  (ii)         each lawyer's certificate is given by a different lawyer.



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