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FAMILY PROVISION ACT 1969 - NOTES

Dictionary

(see s 2)

Note 1     The Legislation Act

contains definitions and other provisions relevant to this Act.

Note 2     For example, the Legislation Act

, dict, pt 1, defines the following terms:

              •     ACT

              •     civil partner

              •     civil union partner

              •     person (see s 160)

              •     public trustee and guardian

              •     Supreme Court.

"administration" means probate, granted in the ACT, of the will of a deceased person or letters of administration, granted in the ACT, of the estate of a deceased person, whether with or without a will annexed, and whether granted for general, special or limited purposes, and includes an order to collect and administer the estate of a deceased person granted to the public trustee and guardian.

"administrator", in relation to the estate of a deceased person, means a person to whom administration has been granted in respect of the deceased person.

"deceased person" includes a person in respect of whose estate there has been made a grant of administration expressed to be made on presumption of the death of the person.

"intestate"—see the Administration and Probate Act 1929

, section 44 (1).

"will" includes a codicil.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001

, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

A = Act

NI = Notifiable instrument

AF = Approved form

o = order

am = amended

om = omitted/repealed

amdt = amendment

ord = ordinance

AR = Assembly resolution

orig = original

ch = chapter

par = paragraph/subparagraph

CN = Commencement notice

pres = present

def = definition

prev = previous

DI = Disallowable instrument

(prev...) = previously

dict = dictionary

pt = part

disallowed = disallowed by the Legislative

r = rule/subrule

Assembly

reloc = relocated

div = division

renum = renumbered

exp = expires/expired

R[X] = Republication No

Gaz = gazette

RI = reissue

hdg = heading

s = section/subsection

IA = Interpretation Act 1967

sch = schedule

ins = inserted/added

sdiv = subdivision

LA = Legislation Act 2001

SL = Subordinate law

LR = legislation register

sub = substituted

LRA = Legislation (Republication) Act 1996

underlining = whole or part not commenced

mod = modified/modification

or to be expired


3     Legislation history

This Act was originally a Commonwealth ordinance—the Family Provision Ordinance 1969

No 41 (Cwlth).

The Australian Capital Territory (Self-Government) Act 1988

(Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).

As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989

A1989-21, s 5 on 11 May 1989 (self-government day).

Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910

(Cwlth), s 12).

    Legislation before becoming Territory enactment

Family Provision Act 1969 A1969-15

notified 14 August 1969

commenced 1 September 1969 (Cwlth Gaz 1969)

as amended by

Ordinances Revision Ordinance 1978

Ord1978-46 sch 2

notified 28 December 1978

commenced 28 December 1978

Family Provision (Amendment) Ordinance 1981

Ord1981-38

notified 30 October 1981

commenced 30 October 1981

Public Trustee (Miscellaneous Amendments) Ordinance 1985

Ord1985-9 sch 2

notified 8 March 1985

commenced 28 October 1985 (Cwlth Gaz 1985 No G42)

Family Provision (Amendment) Ordinance 1989

Ord1989-18

notified 22 March 1989

commenced 24 March 1989 (Cwlth Gaz 1989 No S101)

    Legislation after becoming Territory enactment

Family Provision (Amendment) Act 1996

A1996-16

notified 1 May 1996 (Gaz 1996 No S71)

commenced 1 May 1996 (s 2)

Legislation (Consequential Amendments) Act 2001

A2001-44 pt 141

notified 26 July 2001 (Gaz 2001 No 30)

s 1, s 2 commenced 26 July 2001 (IA s 10B)

pt 141 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

Sexuality Discrimination Legislation Amendment Act 2004

A2004-2 sch 1 pt 1.7

notified LR 18 February 2004

s 1, s 2 commenced 18 February 2004 (LA s 75 (1))

sch 1 pt 1.7 commenced 22 March 2004 (s 2 and CN2004-4

)

Civil Unions Act 2006

A2006-22 sch 1 pt 1.14

notified LR 19 May 2006

s 1, s 2 commenced 19 May 2006 (LA s 75 (1))

sch 1 pt 1.14 never commenced

Note     Act repealed by disallowance 14 June 2006 (see Cwlth Gaz 2006 No S93).

Statute Law Amendment Act 2007

A2007-3 sch 3 pt 3.43

notified LR 22 March 2007

s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))

sch 3 pt 3.43 commenced 12 April 2007 (s 2 (1))

Civil Partnerships Act 2008

A2008-14 sch 1 pt 1.12

notified LR 15 May 2008

s 1, s 2 commenced 15 May 2008 (LA s 75 (1))

sch 1 pt 1.12 commenced 19 May 2008 (s 2 and CN2008-8

)

Civil Unions Act 2012

A2012-40 sch 3 pt 3.14

notified LR 4 September 2012

s 1, s 2 commenced 4 September 2012 (LA s 75 (1))

sch 3 pt 3.14 commenced 11 September 2012 (s 2)

Justice and Community Safety Legislation Amendment Act 2014

A2014-17 sch 1 pt 1.6

notified LR 13 May 2014

s 1, s 2 taken to have commenced 25 November 2013 (LA s 75 (2))

sch 1 pt 1.6 commenced 14 May 2014 (s 2 (1))

Justice and Community Safety Legislation Amendment Act 2014 (No 2)

A2014-49 pt 4

notified LR 10 November 2014

s 1, s 2 commenced 10 November 2014 (LA s 75 (1))

pt 4 commenced 17 November 2014 (s 2)

Protection of Rights (Services) Legislation Amendment Act 2016 (No 2)

A2016-13 sch 1 pt 1.22

notified LR 16 March 2016

s 1, s 2 commenced 16 March 2016 (LA s 75 (1))

sch 1 pt 1.22 commenced 1 April 2016 (s 2 and see Protection of Rights (Services) Legislation Amendment Act 2016

A2016-1 s 2)

Justice and Community Safety Legislation Amendment Act 2021 (No 2)

A2021-33 pt 9

notified LR 10 December 2021

s 1, s 2 commenced 10 December 2021 (LA s 75 (1))

pt 9 commenced 17 December 2021 (s 2 (1))

Justice and Community Safety Legislation Amendment Act 2023 (No 3)

A2023-57 pt 8

notified LR 11 December 2023

s 1, s 2 commenced 11 December 2023 (LA s 75 (1))

pt 8 commenced 12 December 2023 (s 2 (1))

4     Amendment history

Name of Act
s 1     sub A2007-3

amdt 3.234

Dictionary
s 2     om A2001-44

amdt 1.1619
    ins A2007-3

amdt 3.236

Notes
s 3     om Ord1978-46

sch 2
    ins A2007-3

amdt 3.236

Sealing of probate etc granted outside ACT
s 4     defs reloc to dict A2007-3

amdt 3.235
    sub A2007-3

amdt 3.236
    def court ins A1996-16

sch
    om R3 LA
    def domestic partner ins A1996-16

s 5
    om A2004-2

amdt 1.24
    def domestic relationship ins A1996-16

s 5
    om A2004-2

amdt 1.24
    def eligible partner ins A1996-16

s 5
    om A2004-2

amdt 1.24
    def legal spouse ins A1996-16

s 5
    om A2004-2

amdt 1.24
    def spouse ins A1996-16

s 5
    om A2004-2

amdt 1.24
    def the court om A1996-16

sch

Application of Act
s 5     am Ord1981-38

sch; A1996-16

sch
    om A2007-3

amdt 3.237

Transitional provisions
s 6     am Ord1981-38

sch; A1996-16

sch
    om A2007-3

amdt 3.237

Eligibility
s 7     am Ord1981-38

s 4, sch; Ord1989-18

s 4; A1996-16

s 6; A2004-2

amdts 1.25-1.27; A2006-22

amdts 1.60-1.63 (A2006-22

rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2007-3

amdt 3.238; A2008-14

amdt 1.35; am A2012-40

amdt 3.53; A2023-57

s 20

Family provision orders
s 8     am Ord1981-38

s 5; A1996-16

s 7; A2006-22

amdt 1.64 (A2006-22

rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))

Time for making application under s 8 (1)
s 9     am Ord1981-38

s 6; A1996-16

sch; A2014-17

amdt 1.24

Variation, suspension and discharge of orders
s 9A     ins Ord1981-38

s 7
    am A1996-16

sch; A2007-3

amdt 3.239

Service of application for order under s 8 or s 9A
s 10     am Ord1981-38

s 8

Form of order and burden of provision
s 11     am Ord1981-38

s 9

Class fund
s 12     am Ord1981-38

s 10; A1996-16

sch

Property subject to power of appointment
s 13     am Ord1981-38

s 11; A1996-16

sch

Presumption of death
s 14     am Ord1981-38

s 12; A1996-16

sch

Exoneration of part of estate from provision
s 15     am Ord1981-38

s 13

Operation of order for provision out of estate of deceased person
s 16     am Ord1981-38

s 14, sch; A1996-16

sch

Discharge, variation etc of order
s 17     om Ord1981-38

s 15

Certified copy of order
s 18     am Ord1981-38

s 16

Property available for provision
s 20     sub Ord1981-38

s 17
    am A2014-49

s 14

Protection of administrator
s 21     am Ord1981-38

s 18, sch; A1996-16

sch; A2021-33

s 17

Relevance of testator's reasons
s 22     am Ord1981-38

s 19; A1996-16

sch

Dictionary
dict     ins A2007-3

amdt 3.240
    am A2012-40

amdt 3.54; A2016-13

amdt 1.63
    def administration am Ord1985-9

sch 2; A1996-16

sch
    reloc from s 4 A2007-3

amdt 3.235
    def administrator reloc from s 4 A2007-3

amdt 3.235
    am A2016-13

amdt 1.64
    def deceased person reloc from s 4 A2007-3

amdt 3.235
    def intestate am Ord1981-38

s 3, sch
    reloc from s 4 A2007-3

amdt 3.235
    def will reloc from s 4 A2007-3

amdt 3.235

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No

Amendments to

Republication date

1

Ord1989-18

31 July 1991

2

A1996-16

31 January 1998

3

A2001-44

4 April 2002

4

A2004-2

22 March 2004

5

A2007-3

12 April 2007

6*

A2008-14

19 May 2008

7

A2012-40

11 September 2012

8

A2014-17

14 May 2014

9

A2014-49

17 November 2014

10

A2016-13

1 April 2016

11

A2021-33

17 December 2021








© Australian Capital Territory 2023

ACT Crest high res small
Australian Capital Territory

A1969-15

Republication No 12

Effective: 12 December 2023

Republication date: 12 December 2023

Last amendment made by A2023-57




About this republication

The republished law

This is a republication of the Family Provision Act 1969

(including any amendment made under the Legislation Act 2001

, part 11.3 (Editorial changes)) as in force on 12 December 2023

. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 12 December 2023

.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au

):

              • authorised republications to which the Legislation Act 2001

applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001

, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001

, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au

). For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001

, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001

, s 133).

ACT
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Australian Capital Territory

Family Provision Act 1969


Endnotes18

ACT
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Australian Capital Territory

Family Provision Act 1969



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