Document ID: chunk:federal_register_of_legislation:C2024C00859:clause:1_90sd
Version: federal_register_of_legislation:C2024C00859
Segment Type: clause
Provision Reference: sch 1 cl 90SD
Character Range: 617673–619646

90SD  Geographical requirement
 (1) A court may make an order under section 90SE or 90SG in relation to a de facto relationship only if the court is satisfied:
 (a) that either or both of the parties to the de facto relationship were ordinarily resident in a participating jurisdiction when the application for the order was made (the application time); and
 (b) that either:
 (i) both parties to the de facto relationship were ordinarily resident during at least a third of the de facto relationship; or
 (ii) the applicant for the order made substantial contributions, in relation to the de facto relationship, of a kind mentioned in paragraph 90SM(4)(a), (b) or (c);
  in one or more States or Territories that are participating jurisdictions at the application time;
or that the alternative condition in subsection (1A) is met.
 (1A) The alternative condition is that the parties to the de facto relationship were ordinarily resident in a participating jurisdiction when the relationship broke down.
 (2) For the purposes of paragraph (1)(b), a State need not have been a participating jurisdiction during the de facto relationship.
 (3) If each State is a referring State, the Governor‑General may, by Proclamation, fix a day as the day on which paragraph (1)(b), and the alternative condition in subsection (1A), cease to apply in relation to new applications.
Note: Paragraph (1)(b) and subsection (1A) will continue to apply in relation to applications made before the proclaimed day.
 (4) If:
 (a) a Proclamation under subsection (3) is in force; and
 (b) a State ceases to be a referring State on a particular day;
the Proclamation is revoked by force of this subsection on and from that day.
 (5) If, under subsection (4), a Proclamation under subsection (3) is revoked:
 (a) this section has effect as if the revoked Proclamation had not been made; but
 (b) the effect of the revoked Proclamation on applications made before the specified day is not affected.