Commonwealth Numbered Acts

FAMILY LAW AMENDMENT ACT 1976 No. 63 of 1976 - SECT 3

3. Section 4 of the Principal Act is amended-

(a) by omitting from sub-section (1) the definition of ''court of summary
jurisdiction'';

(b) by omitting from sub-section (1) the definition of ''Family Court'';

(c) by omitting from the definition of ''financial or custodial proceedings''
in sub-section (1) the words ''paragraph (c), (d) or (e)'' and substituting
the words ''any of paragraphs (c) to (e)'';

(d) by omitting paragraph (a) of the definition of ''marriage counsellor'' in
sub-section (1) and substituting the following paragraphs:-

''(a) the Principal Director of Court Counselling, a Director of Court
Counselling or another court counsellor appointed under section 37;

''(aa) a person appointed under a law of a State as a counsellor in relation
to a Family Court of that State;'';

   (e)  by omitting paragraph (c) of the definition of ''matrimonial cause''
        in sub-section (1) and substituting the following paragraphs:-

''(c) proceedings between the parties to a marriage with respect to-

        (i)    the maintenance of one of the parties to the marriage; or

        (ii)   the custody, guardianship or maintenance of, or access to, a
               child of the marriage;

''(ca) proceedings between the parties to a marriage with respect to the
property of the parties to the marriage or of either of them, being
proceedings in relation to concurrent, pending or completed proceedings for
principal relief between those parties;

''(cb) proceedings by or on behalf of a child of a marriage against one or
both of the parties to the marriage with respect to the maintenance of the
child;'';

   (f)  by omitting paragraph (e) of the definition of ''matrimonial cause''
        in sub-section (1) and substituting the following paragraph:-

''(e) proceedings between the parties to a marriage for an order or injunction
in circumstances arising out of the marital relationship; or'';

   (g)  by omitting from sub-section (1) the definition of ''Registrar'' and
        substituting the following definition:-

'' 'Registrar', in relation to a court, means the principal officer of
the court or any other appropriate officer of the court;'';

   (h)  by inserting after the definition of ''Territory'' in sub-section (1)
        the following definition:-

'' 'voluntary organization' includes a branch or section of such an
organization, being a branch or section that is identified by a distinct name
and in respect of which separate financial accounts are maintained;'';

   (j)  by omitting paragraph (a) of the definition of ''welfare officer'' in
        sub-section (1) and substituting the following paragraphs:-

''(a) the Principal Director of Court Counselling, a Director of Court
Counselling or another court counsellor appointed under section 37;

''(aa) a person appointed under a law of a State as a counsellor or as a
welfare officer in relation to a Family Court of that State;''; and

   (k)  by inserting after sub-section (1) the following sub-section:-

''(1A) In this Act-

   (a)  a reference to the Family Court is a reference to the Family Court of
        Australia; and

   (b)  a reference to a Family Court of a State is a reference to a court to
        which section 41 applies.''.