Commonwealth Numbered Acts

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SCHEDULE 2

                             SCHEDULE 2                  Section 59

TRANSITIONAL PROVISIONS RELATING TO THE REPEAL AND RE-MAKING
OF PART VII OF THE FAMILY LAW ACT 1975 Interpretation 1. In this Schedule:

"amended Act" means the Family Law Act 1975 as in force after the Part VII
commencement;

"old Act" means the Family Law Act 1975 as in force immediately before the
Part VII commencement;

"Part VII commencement" means the commencement of section 31 of this Act.
Treatment of custody, access, maintenance and guardianship orders 2.(1) An
order for the custody of a child in force under the old Act immediately before
the Part VII commencement has effect, after that commencement as if:

   (a)  so far as it deals (expressly or impliedly) with the question of the
        person or persons with whom the child is to live - it were a residence
        order made under Part VII of the amended Act; and

   (b)  so far as it deals, expressly or impliedly, with other aspects of
        parental responsibility for the child - it were a specific issues
        order made under Part VII of the amended Act.

(2) An order for access to a child in force under the old Act immediately
before the Part VII commencement has effect, after that commencement, as if it
were a contact order made under Part VII of the amended Act.

(3) An order for the maintenance of a child in force immediately before the
Part VII commencement has effect, after that commencement, as if it were a
child maintenance order made under Part VII of the amended Act.

(4) An order for the guardianship of a child in force under the old Act
immediately before the Part VII commencement has effect, after that
commencement as if:

   (a)  so far as it deals (expressly or impliedly) with the question of the
        person or persons with whom the child is to live - it were a residence
        order made under Part VII of the amended Act; and

   (b)  so far as it deals (expressly or impliedly) with other aspects of
        parental responsibility for the child - it were a specific issues
        order made under Part VII of the amended Act.

(5) In this clause, a reference to a particular kind of order in force under
the old Act includes a reference to:

   (a)  an agreement that has effect as that kind of order under the old Act;
        and

   (b)  an order that is taken to be, or that has effect, as if it were an
        order of that kind. Treatment of applications for custody, access,
        maintenance and guardianship orders 3.(1) This clause applies if,
        immediately before the Part VII commencement, an application for an
        order under Part VII of the old Act of any of the following kinds was
        still awaiting determination:

   (a)  an order for the custody of a child;

   (b)  an order for access to a child;

   (c)  an order for the maintenance of a child;

   (d)  an order for the guardianship of a child.

(2) The application must be determined as if it were an application for the
corresponding order or orders under Part VII of the amended Act (determined
having regard to the effect of clause 2). Treatment of child agreements 4.(1)
A child agreement made under the old Act immediately before the Part VII
commencement has effect after that commencement as if it were a parenting plan
made under Part VII of the amended Act.

(2) If, immediately before the Part VII commencement, the registration of the
child agreement under section 66ZC of the old Act was in force, the
registration continues to have effect after that commencement as if it were a
registration of the agreement under section 63E of the amended Act. Treatment
of warrants under subsections 64(9) and (10) 5.(1) If a warrant under
subsection 64(9) or (10) of the old Act was in force immediately before the
Part VII commencement, the old Act continues to have effect after that
commencement in relation to the warrant as if the amendments of the old Act
made by this Act had not been made.

(2) If an application for a warrant under subsection 64(9) or (10) has not
been decided by the Part VII commencement, the old Act continues to have
effect after that commencement in relation to the application, and any warrant
issued pursuant to it, as if the amendments of the old Act made by this Act
had not been made. Treatment of orders under section 64A 6.(1) If an order
under subsection 64A(1) or (4) of the old Act was in force immediately before
the Part VII commencement, the old Act continues to have effect after that
commencement in relation to the order as if the amendments of the old Act made
by this Act had not been made.

(2) If an application for an order under subsection 64A(1) or (4) of the old
Act has not been decided by the Part VII commencement, the old Act continues
to have effect after that commencement in relation to the application, and any
order made pursuant to it, as if the amendments of the old Act made by this
Act had not been made. Continued application of Division 7 of Part VII 7.
Division 7 of Part VII of the old Act continues to have effect in relation to
proceedings that were begun before the Part VII commencement as if the
amendments of the old Act made by this Act had not been made. Other things
done under old Act have effect for purposes of corresponding provisions of
amended Act 8.(1) Subject to clauses 2 to 7, a thing done for the purposes of
a provision (the 'old provision') of Part VII of the old Act has effect, after
that commencement, as if it were an equivalent thing done under the provision
of Part VII of the amended Act that corresponds to the old provision (see the
Table at the end of this Schedule).

(2) In this clause, a reference to a thing done includes, for example:

   (a)  the making of a Proclamation, Regulation or Rule of Court; or

   (b)  the making of an application to, or filing of a notice or other
        document in, a court; or

   (c)  the making of an order or other decree by a court; or

   (d)  the preparation of a report or other document.
Provision of old Act        Corresponding provision of amended Act

Section 60                  Section 60D

Section 60A                 Section 60F

Section 60AA                Section 60G

Section 60B                 Section 60H

Section 60C                 Section 60E
Subsections 60E(1) and (2) Subsections 69ZE(1) and (2)
Subsection 60E(3)           Section 69ZG

Subsection 60E(4)           Subsection 69ZE(3)

Subsection 60E(5)           Subsection 69ZE(4)
Subsections 60E(6) and (7) Section 69ZF
Section 60F                 Section 69ZH

Section 60G                 Section 69ZJ

Section 60H                 Section 69ZK

Section 61                  Section 62C

Section 61A                 Section 62E

Section 61B                 Section 62B

Section 61C                 Section 62H

Section 62                  Section 62F

Section 62A                 Section 62G

Subsection 63(1)            Section 69H

Subsections 63(2) to (6)    Section 69J

Subsection 63(7)            Section 69K

Subsection 63(8)            Section 69L

Subsection 63(9)            Section 69M

Section 63A                 Section 69B

Section 63B                 Section 69E

Section 63C                 Section 69C

Section 63D                 Section 69N

Section 63E                 No direct equivalent (dealt with in

clauses 2 and 3)
Section 63F                 No direct equivalent (dealt with in

clauses 2 and 3)
Subsections 64(1) and (2)   No direct equivalent (dealt with in

clauses 2 and 3)
Subsection 64(5)            Section 65L

Subsection 64(6)            Section 67ZD
Subsections 64 (9) to (11A) No direct equivalent (dealt with in clause 5)
Subsections 64 (12) and (13)
Subsections 67R(3) and (4)
Section 64A                 No direct equivalent (dealt with in clause 6)

Section 65                  Section 68L

Section 65A                 Section 68M

Section 66                  Section 69F

Section 66A                 Section 66B

Section 66B                 Section 66C

Section 66BA                Section 66E

Section 66C                 Section 66H

Section 66D                 Section 66J

Section 66E                 Section 66K

Section 66F                 Section 66G

Section 66FA                Subsection 66F(2)

Subsection 66G(1)           Subsection 66D(1)

Subsection 66G(2)           Section 66M

Subsection 66G(3)           Subsection 66D(2)

Subsection 66G(4)           Section 66N

Section 66H                 Section 66L

Section 66J                 Section 66P

Section 66K                 Section 66Q

Section 66L                 Section 66R

Section 66M                 Section 66U

Section 66N                 Section 66S

Sections 66P to 66U         (dealt with in clause 7)

Section 66V                 Section 69V

Subsections 66W(1) to (3)   Section 69W

Subsection 66W(4)           Section 69X

Subsection 66W(5)           Section 69Y

Subsection 66W(6)           Section 69Z
Subsections 66W(7) and (8) Section 69ZA
Subsection 66W(9)           Section 69ZB
Subsections 66W(10) and (11)
Section 69ZC
Section 66X                 Section 67B

Section 66Y                 Section 67C

Section 66Z                 Section 67D

Section 66ZA                Section 67E

Section 66ZB                Section 67G

Sections 66ZC to 66ZE       No direct equivalent (dealt with in clause 4)

Subsection 67(1)            Section 70B

Subsection 67(1A)           Section 70C

Subsection 67(2)            Section 70D

Subsection 67(3)            Section 70E

Subsection 68(1)            Section 70G

Subsection 68(2)            Section 70H

Subsection 68(3)            Subsection 70J(1)

Subsection 68(4)            Subsection 70J(2)

Subsection 68(5)            Section 70K

Subsections 68(6) and (7)   Sections 70F and 70L

Subsection 69(1)            Section 70M

Subsection 69(2)            Section 70N
Subsections 70(1), (2) and (3)
Sections 65M, 65N and 65P Subsections 70AA(1), (2) and (10)
Section 65Q Subsections 70AA(3) and (11)
Section 65S
Subsection 70AA(4)          Section 65T
Subsections 70AA(5) and (7) Section 65U
Subsection 70AA(6)          Section 65V
Subsections 70AA(8) and (9) Section 65W
Subsection 70A(1)           Section 65Y

Subsection 70A(2)           Section 65Z

Subsection 70A(7)           Section 65ZD
Subsections 70A(8) and (9) Section 65X Subsections 70B(1) and (3) Section 65ZA
Subsections 70B(2) and (4) Section 65ZB Subsections 70B(5), (6) and (7)
Section 65ZC
Subsection 70B(8)           Section 65ZD
Subsections 70B(9) and (10) Section 65X
Section 70BA                Section 67Z

Section 70BB                Section 67ZA

Section 70BC                Section 67ZB

Section 70C                 Section 68B

Section 70D                 Section 68C

Section 70E                 Section 69D

Section 70F                 Section 70Q