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.
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.
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om = omitted/repealed |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 |
underlining = whole or part not commenced |
|
mod = modified/modification |
or to be expired |
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
)
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
)
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))
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
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
Form of order and burden of provision
s 11 am Ord1981-38
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
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
Certified copy of
order
s 18 am Ord1981-38
Property available for provision
s 20 sub Ord1981-38
s 17
am
A2014-49
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
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
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2023