Commonwealth Numbered Acts

Family Law Amendment Act 1983 No. 72 of 1983 - SECT 46

46. Section 90 of the Principal Act is repealed and the following section is
substituted: Certain instruments not liable to duty

''90. (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 to or in relation to a Territory:

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

   (b)  a relevant maintenance agreement that confers a benefit upon a party
        to, or a child of, the marriage to which the maintenance agreement
        relates, to the extent that the maintenance agreement confers that
        benefit;

   (c)  a deed or other instrument executed by a person for the purposes of,
        or in accordance with, a relevant maintenance agreement, being a deed
        or other instrument that confers a benefit upon a party to, or a child
        of, the marriage to which the maintenance agreement relates, to the
        extent that the deed or other instrument confers that benefit.

''(2) The following maintenance agreements are relevant maintenance agreements
for the purposes of this section:

   (a)  a registered maintenance agreement made in connection with the
        dissolution or annulment of the marriage to which the maintenance
        agreement relates;

   (b)  a registered maintenance agreement (other than a maintenance agreement
        referred to in paragraph (a)) made in contemplation of the dissolution
        or annulment of the marriage to which the maintenance agreement
        relates;

   (c)  a registered maintenance agreement (other than a maintenance agreement
        referred to in paragraph (a) or (b)) made in connection with the
        breakdown of the marriage to which the maintenance agreement relates;

   (d)  an approved maintenance agreement made in connection with the
        dissolution or annulment of the marriage to which the maintenance
        agreement relates;

   (e)  an approved maintenance agreement (other than a maintenance agreement
        referred to in paragraph (d)) made in contemplation of the dissolution
        or annulment of the marriage to which the maintenance agreement
        relates;

   (f)  an approved maintenance agreement (other than a maintenance agreement
        referred to in paragraph (d) or (e)) made in connection with the
        breakdown of the marriage to which the maintenance agreement relates.

''(3) For the purposes of this section, a maintenance agreement, deed or other
instrument that confers an entitlement to property on a person may be taken to
confer a benefit upon the person notwithstanding that the maintenance
agreement, deed or other instrument also deprives the person of an entitlement
to other property of an equal or greater value.

''(4) In this section-

   (a)  'approved maintenance agreement' means a maintenance agreement
        approved by a court by order under section 87;

   (b)  'registered maintenance agreement' means a maintenance agreement
        registered in a court under section 86 or a maintenance agreement that
        is registered in a court under regulations made pursuant to section
        89; and

   (c)  a reference to the marriage to which a maintenance agreement relates
        is a reference to the marriage the parties to which are parties to the
        maintenance agreement.''.