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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Family Law Amendment (Family
Violence and Other Measures) Bill 2017
No. , 2017
(Attorney-General)
A Bill for an Act to amend legislation relating to
family law, and for related purposes
No. , 2017
Family Law Amendment (Family Violence and Other Measures) Bill
2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendment of the Family Law Act 1975
3
Part 1--Family law matters to be resolved by State and
Territory courts
3
Family Law Act 1975
3
Part 2--Strengthening the powers of the courts to protect
victims of family violence
8
Division 1--Amendments commencing day after Royal Assent
8
Family Law Act 1975
8
Federal Circuit Court of Australia Act 1999
11
Division 2--Amendments commencing on Proclamation
11
Family Law Act 1975
11
Part 3--Other amendments
20
Family Law Act 1975
20
No. , 2017
Family Law Amendment (Family Violence and Other Measures) Bill
2017
1
A Bill for an Act to amend legislation relating to
1
family law, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Family Law Amendment (Family Violence and
5
Other Measures) Act 2017.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Family Law Amendment (Family Violence and Other Measures) Bill
2017
No. , 2017
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
Part 1
The day after this Act receives the Royal
Assent.
3. Schedule 1,
Part 2, Division 1
The day after this Act receives the Royal
Assent.
4. Schedule 1,
Part 2, Division 2
A day or days to be fixed by Proclamation.
However, if any of the provisions do not
commence within the period of 12 months
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
5. Schedule 1,
Part 3
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendment of the Family Law Act 1975 Schedule 1
Family law matters to be resolved by State and Territory courts Part 1
No. , 2017
Family Law Amendment (Family Violence and Other Measures) Bill
2017
3
Schedule 1--Amendment of the Family Law
1
Act 1975
2
Part 1--Family law matters to be resolved by State
3
and Territory courts
4
Family Law Act 1975
5
1 Subsection 4(1)
6
Insert:
7
section 69GA proceedings has the meaning given by
8
subsection 69GA(2).
9
2 Subsection 28(2)
10
Repeal the subsection, substitute:
11
(2) The jurisdiction of the Court in an appeal from the following court
12
may be exercised by one Judge or by a Full Court:
13
(a) a court of summary jurisdiction;
14
(b) if the appeal is from a decision in section 69GA
15
proceedings--the court that made the decision.
16
3 Subsection 46(1)
17
Omit "in relation to property of a total value exceeding $20,000",
18
substitute "in a State or Territory, in relation to property of a total value
19
exceeding the amount referred to in section 46A,".
20
4 After section 46
21
Insert:
22
46A Prescribing value of property for the purposes of section 46
23
(1) For the purposes of subsection 46(1), the amount is:
24
(a) $20,000; or
25
Schedule 1 Amendment of the Family Law Act 1975
Part 1 Family law matters to be resolved by State and Territory courts
4
Family Law Amendment (Family Violence and Other Measures) Bill
2017
No. , 2017
(b) if a higher amount is prescribed by regulations for the State
1
or Territory in which the court of summary jurisdiction
2
referred to in that subsection is located--that higher amount.
3
(2) Without limiting subsection (1), a higher amount may be
4
prescribed by referring to the jurisdiction conferred on a court of
5
summary jurisdiction under a law of the State or Territory, as in
6
force from time to time.
7
Consultation with State and Territories
8
(3) Before the Governor-General makes regulations for the purposes of
9
subsection (1) in relation to a particular State or Territory, the
10
Minister must be satisfied that the Minister with responsibility for
11
courts in that State or Territory has been consulted.
12
(4) Subsection (3) does not limit section 17 of the Legislation Act 2003
13
(rule-makers should consult before making legislative instrument).
14
5 Application of amendments
15
The amendments of section 46 of the Family Law Act 1975 made by
16
this Part, and section 46A of that Act as inserted by this Part, apply in
17
relation to proceedings instituted after the commencement of this Part.
18
6 After section 69G
19
Insert:
20
69GA Operation of this Subdivision in relation to prescribed courts
21
(1) This section applies if, for the purposes of this section, the
22
regulations prescribe one or more courts (whether in relation to
23
proceedings generally or specified classes of proceedings).
24
Prescribed State and Territory courts
25
(2) This Subdivision applies in relation to proceedings (the
26
section 69GA proceedings) that are:
27
(a) heard in a court prescribed for the purposes of subsection (1);
28
and
29
(b) if the regulations specify classes of proceedings in relation to
30
the court--proceedings in that class;
31
Amendment of the Family Law Act 1975 Schedule 1
Family law matters to be resolved by State and Territory courts Part 1
No. , 2017
Family Law Amendment (Family Violence and Other Measures) Bill
2017
5
in the same way as this Subdivision would apply if those
1
proceedings were heard in a court of summary jurisdiction.
2
Applicable rules of court
3
(3) The regulations may prescribe the Rules of Court, as in force from
4
time to time, that are to apply in relation to section 69GA
5
proceedings. Without limiting subsection 33(3A) of the Acts
6
Interpretation Act 1901, the rules of court prescribed may relate to
7
a particular court or courts generally.
8
(4) The Rules of Court made under section 123, as in force from time
9
to time, apply in relation to section 69GA proceedings heard in a
10
particular court if:
11
(a) the regulations do not prescribe rules of court in relation to
12
that court; or
13
(b) both of the following apply:
14
(i) the rules of court prescribed by the regulations in
15
relation to that court do not deal with a matter arising in
16
the proceedings;
17
(ii) the Rules of Court made under section 123 deal with
18
that matter.
19
Consultation with State and Territories
20
(5) Before the Governor-General makes regulations for the purposes of
21
subsection (1) or (3) in relation to a particular court or courts in a
22
State or Territory, the Minister must be satisfied that the Minister
23
with responsibility for courts in that State or Territory has been
24
consulted.
25
(6) Subsection (5) does not limit section 17 of the Legislation Act 2003
26
(rule-makers should consult before making legislative instrument).
27
7 Application of amendments
28
Section 69GA of the Family Law Act 1975, as inserted by this Part,
29
applies to decisions made after the commencement of this Part, whether
30
the proceedings in which the decision was made were instituted before
31
or after that commencement.
32
Schedule 1 Amendment of the Family Law Act 1975
Part 1 Family law matters to be resolved by State and Territory courts
6
Family Law Amendment (Family Violence and Other Measures) Bill
2017
No. , 2017
8 Subsection 69J(1) (note)
1
Repeal the note, substitute:
2
Note:
This section may apply to proceedings heard in a court prescribed by
3
the regulations for the purposes of section 69GA in the same way as
4
this section would apply if those proceedings were heard in a court of
5
summary jurisdiction.
6
9 At the end of subsection 69N(1)
7
Add:
8
Note:
This section may apply to proceedings heard in a court prescribed by
9
the regulations for the purposes of section 69GA in the same way as
10
this section would apply if those proceedings were heard in a court of
11
summary jurisdiction.
12
10 At the end of Division 12 of Part VII
13
Add:
14
Subdivision G--Short form reasons for decisions relating to
15
interim parenting orders
16
69ZL Short form reasons for decisions relating to interim parenting
17
orders
18
(1) A court may give reasons in short form for a decision it makes in
19
relation to an interim parenting order.
20
(2) Subsection (1) does not otherwise affect the obligation of a court to
21
give reasons for a decision it makes in relation to any matter
22
arising under this Act.
23
11 At the end of section 96
24
Add:
25
Section 69GA proceedings treated like proceedings in courts of
26
summary jurisdiction
27
(7) This section applies to section 69GA proceedings in the same way
28
as this section would apply if the proceedings were heard in a court
29
of summary jurisdiction.
30
Amendment of the Family Law Act 1975 Schedule 1
Family law matters to be resolved by State and Territory courts Part 1
No. , 2017
Family Law Amendment (Family Violence and Other Measures) Bill
2017
7
12 Application of amendments
1
Subsection 96(7) of the Family Law Act 1975, as inserted by this Part,
2
applies to decisions made after the commencement of this Part, whether
3
the proceedings in which the decision was made were instituted before
4
or after that commencement.
5
13 Subsection 123(1)
6
After "followed in the Family Court and", insert ", subject to
7
subsection 69GA(3),".
8
Schedule 1 Amendment of the Family Law Act 1975
Part 2 Strengthening the powers of the courts to protect victims of family violence
8
Family Law Amendment (Family Violence and Other Measures) Bill
2017
No. , 2017
Part 2--Strengthening the powers of the courts to
1
protect victims of family violence
2
Division 1
--Amendments commencing day after Royal
3
Assent
4
Family Law Act 1975
5
14 After section 45
6
Insert:
7
45A Summary decrees
8
No reasonable prospect of successfully defending proceedings
9
(1) The court may make a decree for one party against another in
10
relation to the whole or any part of proceedings if:
11
(a) the first party is prosecuting the proceedings or that part of
12
the proceedings; and
13
(b) the court is satisfied that the other party has no reasonable
14
prospect of successfully defending the proceedings or that
15
part of the proceedings.
16
No reasonable prospect of successfully prosecuting proceedings
17
(2) The court may make a decree for one party against another in
18
relation to the whole or any part of a proceedings if:
19
(a) the first party is defending the proceedings or that part of the
20
proceedings; and
21
(b) the court is satisfied that the other party has no reasonable
22
prospect of successfully prosecuting the proceedings or that
23
part of the proceedings.
24
When there is no reasonable prospect of success
25
(3) For the purposes of this section, a defence or proceedings or part of
26
proceedings need not be:
27
(a) hopeless; or
28
Amendment of the Family Law Act 1975 Schedule 1
Strengthening the powers of the courts to protect victims of family violence Part 2
No. , 2017
Family Law Amendment (Family Violence and Other Measures) Bill
2017
9
(b) bound to fail;
1
to have no reasonable prospect of success.
2
Proceedings that are frivolous, vexatious or an abuse of process
3
(4) The court may dismiss all or part of proceedings at any stage if it is
4
satisfied that the proceedings or part is frivolous, vexatious or an
5
abuse of process.
6
(5) To avoid doubt, proceedings or a part of proceedings are not
7
frivolous, vexatious or an abuse or process merely because an
8
application relating to the proceedings or the part is made and later
9
withdrawn.
10
Costs
11
(6) If the court makes a decree, or dismisses all or part of proceedings,
12
under this section, the court may make such order as to costs as the
13
court considers just.
14
Action by court on its own initiative or on application
15
(7) The court may take action under this section on its own initiative or
16
on application by a party to the proceedings.
17
This section does not limit other powers
18
(8) This section does not limit any powers that the court has apart from
19
this section.
20
Note:
Part XIB also gives courts powers relating to vexatious proceedings.
21
15 Application of amendments
22
Section 45A of the Family Law Act 1975, as inserted by this Division,
23
applies to proceedings instituted before or after the commencement of
24
this Division.
25
16 At the end of subsection 60CC(1)
26
Add:
27
Note:
Section 68P also limits the effect of this section on a court making
28
decisions under that section about limiting, or not providing, an
29
Schedule 1 Amendment of the Family Law Act 1975
Part 2 Strengthening the powers of the courts to protect victims of family violence
10
Family Law Amendment (Family Violence and Other Measures) Bill
2017
No. , 2017
explanation to a child of an order or injunction that is inconsistent
1
with a family violence order.
2
17 After subsection 68P(2)
3
Insert:
4
(2A) Subparagraph (2)(c)(iii) does not apply to a child if the court is
5
satisfied that it is in the child's best interests not to receive an
6
explanation of the order or injunction.
7
(2B) Paragraph (2)(d) does not require inclusion of a matter in an
8
explanation given to a child if the court is satisfied that it is in the
9
child's best interests for the matter not to be included in the
10
explanation.
11
(2C) In determining whether it is satisfied as described in
12
subsection (2A) or (2B), the court:
13
(a) must have regard to all or any of the matters set out in
14
subsection 60CC(2); and
15
(b) despite section 60CC, may have regard to all or any of the
16
matters set out in subsection 60CC(3).
17
18 Subsection 68T(1)
18
Omit "earlier", substitute "earliest".
19
19 Paragraph 68T(1)(b)
20
Repeal the paragraph, substitute:
21
(b) the time specified in the interim order as the time at which
22
the revival, variation or suspension ceases to have effect; and
23
(c) the time the order, injunction or arrangement is affected by
24
an order (however described) made by a court, under
25
section 68R or otherwise, after the revival, variation or
26
suspension.
27
20 Application of amendments
28
The amendments of section 68T of the Family Law Act 1975 made by
29
this Division apply in relation to revivals, variations and suspensions of
30
orders, injunctions and arrangements if the revivals, variations and
31
suspensions are made under section 68R of that Act after the
32
commencement of this Division.
33
Amendment of the Family Law Act 1975 Schedule 1
Strengthening the powers of the courts to protect victims of family violence Part 2
No. , 2017
Family Law Amendment (Family Violence and Other Measures) Bill
2017
11
21 Section 102QA (note)
1
Repeal the note, substitute:
2
Note:
For example, subsection 45A(4) allows a court to dismiss proceedings
3
if it is satisfied that they are vexatious.
4
22 Subsection 117(1)
5
Omit "subsection 70NFB(1) and sections 117AA, 117AC and 118",
6
substitute "subsections 45A(6) and 70NFB(1) and sections 117AA and
7
117AC".
8
23 Section 118
9
Repeal the section.
10
24 Application of amendments
11
(1)
The repeal of section 118 of the Family Law Act 1975 by this Division
12
applies to proceedings instituted before or after the commencement of
13
this Division.
14
(2)
However, to avoid doubt, that repeal does not affect any action taken
15
under that section before the repeal of that section.
16
Federal Circuit Court of Australia Act 1999
17
25 At the end of section 17A
18
Add:
19
(5) This section does not apply if the Federal Circuit Court of
20
Australia is exercising jurisdiction under the Family Law Act 1975.
21
Note:
For the power of the Federal Circuit Court of Australia to give
22
summary judgment if the Court is exercising jurisdiction under the
23
Family Law Act 1975, see section 45A of that Act.
24
Division 2
--Amendments commencing on Proclamation
25
Family Law Act 1975
26
26 Subsection 60CB(2)
27
After "or section", insert "68D or".
28
Schedule 1 Amendment of the Family Law Act 1975
Part 2 Strengthening the powers of the courts to protect victims of family violence
12
Family Law Amendment (Family Violence and Other Measures) Bill
2017
No. , 2017
27 Section 68C
1
Repeal the section, substitute:
2
68C Offence for breaching injunction
3
(1) A person (the respondent) commits an offence if:
4
(a) an injunction is in force under section 68B that is expressed
5
to be for the personal protection of another person; and
6
(b) the injunction is directed against the respondent; and
7
(c) the respondent engages in conduct; and
8
(d) the conduct breaches the injunction.
9
Penalty: Imprisonment for 2 years, or 120 penalty units, or both.
10
No consideration of evidence of self-induced intoxication
11
(2) Despite subsections 8.2(3) and (4) of the Criminal Code, evidence
12
of self-induced intoxication cannot be considered in determining,
13
for the purposes of subsection (1) of this section, whether:
14
(a) conduct was accidental; or
15
(b) a person had a mistaken belief about facts if the person had
16
considered whether or not the facts existed.
17
(3) Despite subsection 8.4(1) of the Criminal Code, evidence of
18
self-induced intoxication cannot be considered in determining, for
19
the purposes of subsection (1) of this section, in relation to any part
20
of a defence that is based on actual knowledge or belief, whether
21
that knowledge or belief existed.
22
Extension of criminal responsibility
23
(4) Section 11.2 or 11.2A of the Criminal Code (complicity, common
24
purpose and joint commission) does not apply in relation to
25
conduct engaged in by a person if:
26
(a) as a result of the conduct:
27
(i) the person would be taken under section 11.2 of the
28
Criminal Code to commit an offence under
29
subsection (1) of this section; or
30
Amendment of the Family Law Act 1975 Schedule 1
Strengthening the powers of the courts to protect victims of family violence Part 2
No. , 2017
Family Law Amendment (Family Violence and Other Measures) Bill
2017
13
(ii) the person would be taken to commit an offence referred
1
to in subsection 11.2A(2) or (3) of the Criminal Code;
2
and
3
(b) the injunction referred to in subsection (1) is expressed to be
4
for the personal protection of the person.
5
68D Power of court to revive, vary or suspend an existing injunction
6
etc.
7
(1) This section applies if a court of a State or Territory is hearing a
8
proceeding for an offence against section 68C in relation to a
9
breach by a person of an injunction granted under section 68B in
10
relation to a child.
11
Power
12
(2) The court may revive, vary or suspend:
13
(a) the injunction; or
14
(b) any of the following instruments to which the person is a
15
party, to the extent that the instrument provides for that or
16
any other child to spend time with the person, or expressly or
17
impliedly requires or authorises the person to spend time with
18
that or any other child:
19
(i) a parenting order;
20
(ii) a recovery order (as defined in section 67Q) or any
21
other order under this Act;
22
(iii) an injunction granted under section 114;
23
(iv) an undertaking given to, and accepted by, a court
24
exercising jurisdiction under this Act;
25
(v) a registered parenting plan within the meaning of
26
subsection 63C(6);
27
(vi) a recognisance entered into under an order under this
28
Act.
29
(3) The court may do so:
30
(a) on its own initiative; or
31
(b) on application by any person.
32
Schedule 1 Amendment of the Family Law Act 1975
Part 2 Strengthening the powers of the courts to protect victims of family violence
14
Family Law Amendment (Family Violence and Other Measures) Bill
2017
No. , 2017
Limits on power
1
(4) The court must not revive, vary or suspend an instrument referred
2
to in paragraph (2)(a) or subparagraph (2)(b)(i) to (iii) unless the
3
court has before it material that was not before the court that made
4
the injunction or order.
5
Relevant considerations
6
(5) In exercising its power under subsection (2), the court must have
7
regard to the objects of this Part and the principles underlying it, as
8
set out in section 60B.
9
Registration of revival, variation or suspension of injunctions etc.
10
(6) The regulations may require a copy of the court's decision to
11
revive, vary or suspend an injunction, order, undertaking, plan or
12
recognisance to be registered in accordance with the regulations.
13
Failure to comply with the requirement does not affect the validity
14
of the court's decision.
15
Cessation of revival, variation or suspension of injunctions etc.
16
(7) A revival, variation or suspension under this section ceases to have
17
effect at the earlier of:
18
(a) the time specified by the court as the time at which the
19
revival, variation or suspension ceases to have effect; and
20
(b) the time the injunction, order, undertaking, plan or
21
recognisance is affected by an order (however described)
22
made by a court, under this section or otherwise, after the
23
revival, variation or suspension.
24
68E Application of Act and Rules when exercising section 68D
25
power
26
(1) The following provisions do not apply to a court exercising the
27
power under section 68D:
28
(a) section 60CG (court to consider risk of family violence);
29
(b) section 65C (who may apply for a parenting order);
30
(c) subsection 65F(2) (parenting order not to be made unless
31
parties attend family counselling);
32
Amendment of the Family Law Act 1975 Schedule 1
Strengthening the powers of the courts to protect victims of family violence Part 2
No. , 2017
Family Law Amendment (Family Violence and Other Measures) Bill
2017
15
(d) section 69N (requirement to transfer certain proceedings);
1
(e) any provisions (for example, section 60CA) that would
2
otherwise make the best interests of the child the paramount
3
consideration;
4
Note:
Even though the best interests of the child are not paramount, they
5
must still be taken into account under subsection 68D(5).
6
(f) any provisions of this Act or the applicable Rules of Court
7
specified in the regulations.
8
(2) If a court is exercising the power under section 68D, the court has a
9
discretion about whether to apply paragraph 60CC(3)(a) (about
10
taking into account a child's views etc.).
11
(3) A court exercising the power under section 68D may, as it thinks
12
appropriate, dispense with any otherwise applicable Rules of
13
Court.
14
28 Section 114AA
15
Repeal the section, substitute:
16
114AA Offence for breaching injunction
17
(1) A person (the respondent) commits an offence if:
18
(a) an injunction is in force under section 114 that is expressed to
19
be for the personal protection of another person; and
20
(b) the injunction is directed against the respondent; and
21
(c) the respondent engages in conduct; and
22
(d) the conduct breaches the injunction.
23
Penalty: Imprisonment for 2 years, or 120 penalty units, or both.
24
No consideration of evidence of self-induced intoxication
25
(2) Despite subsections 8.2(3) and (4) of the Criminal Code, evidence
26
of self-induced intoxication cannot be considered in determining,
27
for the purposes of subsection (1) of this section, whether:
28
(a) conduct was accidental; or
29
(b) a person had a mistaken belief about facts if the person had
30
considered whether or not the facts existed.
31
Schedule 1 Amendment of the Family Law Act 1975
Part 2 Strengthening the powers of the courts to protect victims of family violence
16
Family Law Amendment (Family Violence and Other Measures) Bill
2017
No. , 2017
(3) Despite subsection 8.4(1) of the Criminal Code, evidence of
1
self-induced intoxication cannot be considered in determining, for
2
the purposes of subsection (1) of this section, in relation to any part
3
of a defence that is based on actual knowledge or belief, whether
4
that knowledge or belief existed.
5
Extension of criminal responsibility
6
(4) Section 11.2 or 11.2A of the Criminal Code (complicity, common
7
purpose and joint commission) does not apply in relation to
8
conduct engaged in by a person if:
9
(a) as a result of the conduct:
10
(i) the person would be taken under section 11.2 of the
11
Criminal Code to commit an offence under
12
subsection (1) of this section; or
13
(ii) the person would be taken to commit an offence referred
14
to in subsection 11.2A(2) or (3) of the Criminal Code;
15
and
16
(b) the injunction referred to in subsection (1) is expressed to be
17
for the personal protection of the person.
18
114AAB Power of court to revive, vary or suspend an existing
19
injunction etc.
20
(1) This section applies if a court of a State or Territory is hearing a
21
proceeding for an offence against section 114AA in relation to a
22
breach by a person of an injunction granted under section 114.
23
Power
24
(2) The court may revive, vary or suspend:
25
(a) the injunction; or
26
(b) any of the following instruments to which the person is a
27
party, to the extent that the instrument provides for a child to
28
spend time with the person, or expressly or impliedly
29
requires or authorises the person to spend time with a child:
30
(i) a parenting order;
31
(ii) a recovery order (as defined in section 67Q) or any
32
other order under this Act;
33
(iii) an injunction granted under section 68B;
34
Amendment of the Family Law Act 1975 Schedule 1
Strengthening the powers of the courts to protect victims of family violence Part 2
No. , 2017
Family Law Amendment (Family Violence and Other Measures) Bill
2017
17
(iv) an undertaking given to, and accepted by, a court
1
exercising jurisdiction under this Act;
2
(v) a registered parenting plan within the meaning of
3
subsection 63C(6);
4
(vi) a recognisance entered into under an order under this
5
Act.
6
(3) The court may do so:
7
(a) on its own initiative; or
8
(b) on application by any person.
9
Limits on power
10
(4) The court must not revive, vary or suspend an instrument referred
11
to in paragraph (2)(a) or subparagraph (2)(b)(i) to (iii) unless the
12
court has before it material that was not before the court that made
13
the injunction or order.
14
Relevant considerations
15
(5) In exercising its power under subsection (2), the court must have
16
regard to the objects of Part VII and the principles underlying it, as
17
set out in section 60B.
18
Registration of revival, variation or suspension of injunctions etc.
19
(6) The regulations may require a copy of the court's decision to
20
revive, vary or suspend an injunction, order, undertaking, plan or
21
recognisance to be registered in accordance with the regulations.
22
Failure to comply with the requirement does not affect the validity
23
of the court's decision.
24
Cessation of revival, variation or suspension of injunctions etc.
25
(7) A revival, variation or suspension under this section ceases to have
26
effect at the earlier of:
27
(a) the time specified by the court as the time at which the
28
revival, variation or suspension ceases to have effect; and
29
(b) the time the injunction, order, undertaking, plan or
30
recognisance is affected by an order (however described)
31
Schedule 1 Amendment of the Family Law Act 1975
Part 2 Strengthening the powers of the courts to protect victims of family violence
18
Family Law Amendment (Family Violence and Other Measures) Bill
2017
No. , 2017
made by a court, under this section or otherwise, after the
1
revival, variation or suspension.
2
114AAC Application of Act and Rules when exercising
3
section 114AAB power
4
(1) The following provisions do not apply to a court exercising the
5
power under section 114AAB:
6
(a) section 60CG (court to consider risk of family violence);
7
(b) section 65C (who may apply for a parenting order);
8
(c) subsection 65F(2) (parenting order not to be made unless
9
parties attend family counselling);
10
(d) section 69N (requirement to transfer certain proceedings);
11
(e) any provisions (for example, section 60CA) that would
12
otherwise make the best interests of the child the paramount
13
consideration;
14
Note:
Even though the best interests of the child are not paramount, they
15
must still be taken into account under subsection 114AAB(5).
16
(f) any provisions of this Act or the applicable Rules of Court
17
specified in the regulations.
18
(2) If a court is exercising the power under section 114AAB, the court
19
has a discretion about whether to apply paragraph 60CC(3)(a)
20
(about taking into account a child's views etc.).
21
(3) A court exercising the power under section 114AAB may, as it
22
thinks appropriate, dispense with any otherwise applicable Rules of
23
Court.
24
29 Application of amendments
25
Offences
26
(1)
Sections 68C and 114AA of the Family Law Act 1975, as inserted by
27
this Division, apply in relation to conduct engaged in after the
28
commencement of this Part.
29
Power of court in relation to injunctions
30
(2)
Sections 68D and 68E of the Family Law Act 1975, as inserted by this
31
Division, apply in relation to proceedings that occur after the
32
Amendment of the Family Law Act 1975 Schedule 1
Strengthening the powers of the courts to protect victims of family violence Part 2
No. , 2017
Family Law Amendment (Family Violence and Other Measures) Bill
2017
19
commencement of this Division, whether those proceedings relate to an
1
injunction granted under section 68B of that Act before or after the
2
commencement of this Division.
3
(3)
Sections 114AAB and 114AAC of the Family Law Act 1975, as inserted
4
by this Division, apply in relation to proceedings that occur after the
5
commencement of this Division, whether those proceedings relate to an
6
injunction granted under section 114 of that Act before or after the
7
commencement of this Division.
8
Schedule 1 Amendment of the Family Law Act 1975
Part 3 Other amendments
20
Family Law Amendment (Family Violence and Other Measures) Bill
2017
No. , 2017
Part 3--Other amendments
1
Family Law Act 1975
2
30 Subsection 114(2)
3
Repeal the subsection.
4