Document ID: chunk:federal_register_of_legislation:C2004A03590:body:0:p10
Version: federal_register_of_legislation:C2004A03590
Segment Type: other
Provision Reference: 
Character Range: 24045–26727

South Australia and Tasmania.
"(2) If:
     (a) the Parliament of Queensland or Western Australia refers to the Parliament of the Commonwealth the following matters or matters that include, or are included in, the following matters:
          (i) the maintenance of children and the payment of expenses in relation to children or child bearing;
          (ii) the custody and guardianship of, and access to, children; or
     (b) Queensland or Western Australia adopts this Part;
then, subject to subsections (4) and (5), this Part also extends to Queensland or Western Australia, as the case may be.

"(3) This Part applies in and in relation to the Territories.
"(4) This Part extends to a State by virtue of subsection (1) or (2) only for so long as there is in force:
     (a) an Act of the Parliament of the State by which there is referred to the Parliament of the Commonwealth:
          (i) the matters referred to in subparagraphs (2) (a) (i) and (ii); or
          (ii) matters that include, or are included in, those matters; or
     (b) a law of the State adopting this Part.
"(5) This Part extends to a State at any time by virtue of subsection (1) or paragraph (2) (a) only in so far as it makes provision with respect to:
     (a) the matters that are at that time referred to the Parliament of the Commonwealth by the Parliament of the State; or
     (b) matters incidental to the execution of any power vested by the Constitution in the Parliament of the Commonwealth in relation to those matters.

Additional application of Part
"60f. (1) Without prejudice to its effect apart from this section, this Part also has effect as provided by this section.
"(2) By virtue of this subsection, Divisions 3 to 6 (inclusive) (other than section 66g) and Divisions 10 and 13 have the effect that they would have if:
     (a) each reference to a child were, by express provision, confined to a child of a marriage; and
     (b) each reference to the parents of the child were, by express provision, confined to the parties to the marriage;
and have that effect only in so far as they make provision with respect to the rights and duties of the parties to the marriage in relation to the child, including, without limiting the generality of the foregoing, provision with respect to:
     (c) the rights and duties of those parties in relation to:
          (i) the maintenance of the child and the payment of expenses in relation to the child; or
          (ii) the custody, guardianship and welfare of, and access to, the child; and
     (d) other rights and duties in relation to the child:
          (i) arising out of the marital relationship;
          (ii) in relation to